In order to clarify the legal context in which the controversy over the regulation of professional psychology is embedded, we review the various legal theories that have been or might be used to challenge licensure and certification statutes in the courts. An analysis of the relevant cases and statutes indicates that many of the concerns most frequently expressed by psychologists (e.g., the validity and the possible discriminatory effects of the Examination for the Professional Practice of Psychology) are probably not legally vulnerable, whereas other requirements (e.g., residency requirements, oral examinations) are potential sources of major legal problems. We also hope our analysis will help to focus attention on legally relevant empirical questions. Recommendations are offered on how licensure statutes should be drafted in order to avoid legal difficulties.
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