Statement on Sunset Commission Decision Meeting Material

Mary Lou Serafine issued the following comments in reaction to the Decision Meeting Material issued by the Texas Sunset Commission before its January 11 meeting:

“I think the Sunset Commission’s recommendation that the legislature enact another licensing regime for psychologists, instead of merely certifying them, is a mistake.

Continue reading “Statement on Sunset Commission Decision Meeting Material”

“A certification for psychologists would let the State put their stamp of approval on certain practitioners.  A license allows the State to go the extra step of banning and punishing people who talk about behavior, the mind, and the problems of life, to people who want to listen, without the State’s permission.  And it’s a windfall to the organized lobby of professional psychologists who, ultimately, become the enforcers capable of driving out competition and forcing higher prices on the public.

“The Sunset Commission’s staff report made the identical argument that the psychology board made in federal court, and this was rejected:  that the public needs to be protected from psychological advice except from that of experts of whom the government approves.

“The idea of getting the ‘stakeholders’ together to come up with a new definition of the practice of psychology is doomed to fail.  No definition will meet the requirements of freedom of speech consistent with the Fifth Circuit’s decision.

“On its current course, the legislature is set to generate more constitutional litigation and less choice surrounding mental health in Texas.”

Update on Status of Serafine v Branaman

On November 28, 2016, based on the opinion of the U.S. Court of Appeals for the Fifth Circuit in the Serafine v. Branaman case, the federal district court ordered the Texas State Board of Examiners of Psychologists to pay Serafine $48,092.25 for her successful enforcement of her First Amendment civil rights under the U.S. Constitution.

The court also entered an injunction against the Board’s further enforcement of those portions of the Psychologists’ Licensing Act that had been struck down as unconstitutional.

With this ruling, the Serafine v. Branaman case is now formally closed. 

Houston Chronicle and Austin American-Statesman publish op-ed

Two major Texas newspapers published opinion-editorials provided them on the free speech issues at stake in the current Sunset Commission process for creating new legislation about psychologists’ licensing.

Serafine: Will the Legislature ‘sunset’ free speech?, published in the Houston Chronicle on December 11, 2016

Serafine: Legislators should certify psychologists, not license them, published on the Austin American-Statesman website, December 5, 2016