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State of Texas
Texas Attorney General's Office
Opinion Notification
Tuesday, May 15, 2018

The Texas Attorney General's Office on Monday issued a legal opinion regarding whether a licensed psychologist may submit a bill to a third-party payer under the licensed psychologist's name without indicating that the psychological services rendered were provided by a supervisee.

According to the Attorney General's Office, the Occupations Code "expressly provides that a test or service delegated to a supervisor see by a licensed psychologist 'is considered to be delivered by the delegating psychologist for billing purposes, including bills submitted to third party payers.'"

"With such plain indication of the Legislature's intent,a court would likely construe the provision to permit a licensed psychologist to submit a bill to a third-party payer under the licensed psychologist's name without indicating that the psychological services rendered were provided by a supervisee," stated the opinion. "The wisdom of such a provision is for the Legislature to determine."

"The Board of Examiners of Psychologists' administrative rule requiring indication that the test or service was rendered by a supervisee is likely inconsistent with the statute," the opinion continued.

"Section 35.02 of the Penal Code sets out the offense of insurance fraud and requires, in part, a statement the person knows contains false or misleading material information. A billing statement, made in compliance with Occupations Code section501.351(b), cannot be one of false or misleading material information and cannot serve as the sole basis for a violation of Penal Code section 35.02. Whether in particular other circumstances the filing of a bill or invoice to a third-party payer could violate Penal Code section 35.02 will depend on specific facts and is beyond the purview of an attorney general opinion." Opinion

The opinion was requested by Tim F. Branaman, chair of the Texas State Board of Examiners of Psychologists. Opinion Request





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