Request By:
William G. Clouse, Jr.
Clouse, Connelly and Baird
McKee Building
P.O. Box 961
Richmond, Kentucky 40475
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
You have requested an opinion of the Attorney General as to whether any kind of state license is required to be obtained by a person practicing thanatology.
You state that "thanatology" is described as the theory or doctrine of death and the practice of thanatology is the counseling and helping of families to cope with the news that a loved one is terminally ill and to help said families after the death of the loved one. You further state that the practitioner will not undertake to seek behavior modification, give medical advice, give diagnosis, give health advice, give advice on diet, or use hypnosis.
The word "thanatology" does not appear in the statutes or in any reported court decision in the United States. Thanatology is defined in Websters Third International Dictionary (unabridged) as "the description or study of the phenomena of somatic death."
After considering the statutes it is our opinion that there are several licensed professions which can practice thanatology for a fee. The license which most clearly covers the subject is the one for the practice of medicine as provided in KRS 311.530 et seq. The practice of psychology which is defined in KRS 319.010 may also embrace thanatology although the definition of psychology does not include the word "counseling. " The main functions of a psychologist seem to be to evaluate mental and emotional disorders and problems of adjustment in individuals or in groups through interpretation of tests of mental abilities, aptitudes, interests, attitudes, emotions, motivations, and personality characteristics; to recommend to a third party the selection of personnel, arrangement of effective work and learning situations, resolution of interpersonal or social conflicts and change of employment status; and the application of the principal and methods of psychological modification of behavior.
Aside from the medical license we believe that the license which should be obtained for the practice of thanatology is the social workers license. KRS 335.020(2) gives the following definition:
"'The practice of social work' means the professional activity of helping for remuneration individuals, groups, or communities enhance or restore the capacity for social functioning and create societal conditions favorable to this goal. It includes the professional application of social work values, principals and techniques to one or more of the following ends: Counseling and nonmedical psycho therapy with individuals, families and groups; helping people obtain tangible services; assisting communities or groups provide or improve social and health services; and engaging in social work education, research, planning and the appropriate administration of social work or social welfare services."
The words in the above quoted definition which strike us as applying to the practice of thanatology are "counseling and nonmedical psychotherapy with individuals, families and groups." According to the definition you give of thanatology it is nonmedical psychotherapy for individuals and families. We, therefore, believe that a practitioner of thanatology should either be a licensed physician or a licensed social worker. We also believe that a licensed psychologist is probably legally qualified to practice thanatology.