Request By:
Fred R. Simon, Esq.
Marion E. Taylor Building
Suite 510
312 River City Mall
Louisville, Kentucky 40202
Opinion
Opinion By: Steven L. Beshear, Attorney General; K. Gail Leeco, Assistant Attorney General
You have inquired as to the regulation of the practice and teaching of "psychotherapy, " as opposed to "psychology, " in Kentucky.
Your first question asks:
1. Does the use of the title 'psychotherapist' fall within the definitions provided under KRS 319.005, assuming that the practices and techniques employed are not the same or similar to those expounded in KRS 319.010?
KRS 319.005 provides as follows:
No person not licensed or certified as provided in KRS 319.005 to 319.131 shall engage in any practice which in the judgment of the board of examiners constitutes the practice of psychology as defined in KRS 319.010, and is against the public interest. No person shall use the title of 'psychologist' in this state without a license granted by said board of examiners and signed by each member thereof. No person not licensed as provided in KRS 319.005 to 319.131 shall hold himself out to the public by any title or description of services representing himself as a psychologist which incorporates the words 'psychological,' 'psychologist, ' or 'psychology' ; except as such usage of title and/or description is authorized by the board. The use of title 'psychologist' and the description of services cited above is authorized to those who apply for and are granted certificates within two (2) years after June 18, 1964 as long as they maintain such certificates.
Thus, the statute prohibits one not licensed by the Board of Examiners of Psychologists from acting in two separate and distinct areas.
First, an unlicensed person may not engage in any practice which constitutes the practice of psychology as defined in KRS 319.010. In your question, you have specifically asked me to assume that the practices and techniques of "psychotherapy" do not come within the practices and techniques of psychology as defined in KRS 319.010. The definition of "psychology" in KRS 319.010 is very broad. Not having been given any specifics as to the practices and techniques of "psychotherapy, " it is difficult for me to accept your assumption. If your assumption should be correct and the practices and techniques of "psychotherapy" are not those of "psychology, " as defined in KRS 319.010, then a psychotherapist would not violate this first prohibition when he practices his occupation. However, because we have been supplied with no facts concerning the differences between psychologists and psychotherapists, we cannot express an opinion on this point.
The second prohibition contained in KRS 319.005 forbids an unlicensed person from holding himself out to the public by any title or description of services representing himself as a psychologist which incorporates certain words. The word "psychotherapist" is not one of the words. Therefore, strictly speaking, a psychotherapist who carefully avoids incorporating the statutory words in his overtures to the public is not in violation of KRS 319.005. However, a psychotherapist who holds himself out to the public by any title or description of services which is misleading or deceptive regardless of the words used is in violation of the Consumer Protection Act, KRS 367.110, et seq. The public must not be deceived as to the educational background of a psychotherapist or the services which he is qualified to perform. See OAG 72-244.
Your second question asks:
Assuming that the above question will be answered in the negative and is permitted, is a license or certification issued by the State Board of Proprietary Education all that is necessary to teach the fundamentals, methods and techniques of psychotherapy (not psychology) in a private institution within the Commonwealth?
KRS 319.010 exempts from the definition of psychology and, therefore, from the licensing requirements of Chapter 319, "the teaching of principles of psychology for accredited educational institutions." A fortiori, the teaching of the principles of psychotherapy for accredited educational institutions is similarly exempted and no further licensing would be required.