(A) On and after December 1, 1972, no person who is not a licensed psychologist shall offer or render services as a psychologist or otherwise engage in the practice of psychology for a compensation or other personal gain.
(B) On and after December 1, 1972, no person who is not a licensed psychologist or a licensed school psychologist shall offer or render services as a school psychologist or otherwise engage in the practice of school psychology for a compensation or other personal gain.
HISTORY: 134 v S 176. Eff 9-22-72.
Cross-References to Related Sections
Penalty, RC § 4732.99.
Disposition of fines, RC § 4732.25.
Comparative Legislation
License required:
CA - Bus & Prof Code § 2903
FL - Stat Ann § 490.012
IL - Comp Stat Ann ch 225 § 15/3
IN - Code § 25-33-1-14
KY - Rev Stat Ann § 319.005
MI - Comp Laws Ann § 333.18223
NY - Educ Law § 7601
PA - CSA tit 63 § 1203
Research Aids
Unlicensed practice:
O-Jur3d: Phys & S §§ 79, 210, 211, 227
Am-Jur2d: Phys & S § 121 et seq
CASE NOTES AND OAG
Analysis
Authority of local officials.
Licensed professional counselor.
School psychologists.
City attorneys, solicitors, law directors and county prosecutors may ascertain, with or without reference to state board of psychology rules 4732-5-01 through 4732-5-03, whether there has been a violation of RC § 4732.21; the state board of psychology has exclusive authority, pursuant to RC § 4732.24, to seek injunctive relief against those engaged in the unauthorized practice of psychology, but may not initiate criminal prosecutions under RC § 4732.21: OAG No. 77-026 (1977).
Licensed professional counselor
A licensed professional counselor or a licensed professional clinical counselor who is authorized pursuant to RC Chapter 4757. to administer tests or evaluations in his counseling practice may use the term "psychological" to describe or refer to tests or evaluations that pertain to mental functioning or mental status. The relevant inquiry is whether a counselor's use of psychological tests or evaluations is allowed by and within the standards and ethics of the counseling profession or within new areas of counseling practice that represent appropriate extensions of the counseling profession: OAG No. 96-029 (1996).
A certificated school psychologist, as defined in RC § 4732.01(H), who is engaged by one of the entities named in RC § 4732.22(A) either to render school psychological services or to act as a school psychologist is exempt from the licensure requirements of RC § 4732.21(B) in the performance of the duties for which he is so engaged and compensated: OAG No. 2003-001 (2003).
A certificated school psychologist's employment by one of the entities named in RC § 4732.22(A) in the capacity of a consultant is not, in itself, determinative of whether the individual's activities in the course of such employment fall within the exemption created by RC § 4732.22(A). Rather, the specific duties performed in the course of such employment must be examined, and if they constitute the practice of school psychology, as defined in RC § 4732.22(E), the certificated school psychologist is exempt under RC § 4732.22(A) from the licensure requirements of RC § 4732.21(B): OAG No. 2003-001 (2003).
A certificated school psychologist, as defined in RC § 4732.01(H), who is engaged by one of the entities named in RC § 4732.22(A) either to render school psychological services or to act as a school psychologist is exempt from the licensure requirements of RC § 4732.21(B) in the performance of the duties for which he is so engaged and compensated: OAG No. 2003-001 (2003).