CHAPTER 13. Licensed Marriage and Family Therapists [4980. - 4989.]

Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14.

§§ 4980–4989 · 79 sections

1. ARTICLE 1. Regulation §§ 4980–4980.81 · 49 sections

   • § 4980 (a) (1) Many California families and many individual Californians are experiencing difficulty and distress and are in need of wise, competent, caring,…
   • § 4980.01 (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing…
   • § 4980.02 (a) For the purposes of this chapter, the practice of marriage and family therapy shall mean the application of psychotherapeutic and family systems theories,…
   • § 4980.03 (a) “Board,” as used in this chapter, means the Board of Behavioral Sciences. (b) “Associate,” as used in this chapter, means an unlicensed person who has…
   • § 4980.04 This chapter shall be known and may be cited as the Licensed Marriage and Family Therapist Act.
   • § 4980.05 The settings described in Section 4980.01 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in…
   • § 4980.06 (a) For the purposes of this chapter, the following definitions apply: (1) “Nonexempt setting” means any type of setting that does not qualify as an exempt…
   • § 4980.08 (a) The title “licensed marriage, family and child counselor” or “marriage, family and child counselor” is hereby renamed “licensed marriage and family…
   • § 4980.09 (a) (1) The title “marriage and family therapist intern” or “marriage and family therapist registered intern” is hereby renamed “associate marriage and family…
   • § 4980.10 A person engages in the practice of marriage and family therapy when he or she performs or offers to perform or holds himself or herself out as able to perform…
   • § 4980.11 (a) Notwithstanding Section 4980, a person who holds a license in another jurisdiction of the United States as a marriage and family therapist may provide…
   • § 4980.30 Except as otherwise provided by this chapter, a person shall not practice, or advertise the performance of, marriage and family therapy services unless the…
   • § 4980.31 A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice when rendering professional clinical services in…
   • § 4980.32 (a) A licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services, or as soon as…
   • § 4980.34 It is the intent of the Legislature that the board employ its resources for each and all of the following functions: (a) The licensing of marriage and family…
   • § 4980.35 (a) The Legislature acknowledges that the basic obligation to provide a complete and accurate application for a marriage and family therapist license lies with…
   • § 4980.36 (a) This section shall apply to the following: (1) Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete…
   • § 4980.37 (a) This section shall apply to applicants for licensure or registration who began graduate study before August 1, 2012, and completed that study on or before…
   • § 4980.38 (a) Each educational institution preparing applicants to qualify for registration or licensure shall notify each of its students by means of its public…
   • § 4980.39 (a) An applicant for licensure whose education qualifies him or her under Section 4980.37 shall complete, as a condition of licensure, a minimum of 10 contact…
   • § 4980.395 (a) On or after July 1, 2023, an applicant for licensure as a marriage and family therapist shall show, as part of the application, that they have completed a…
   • § 4980.396 (a) On or after January 1, 2021, an applicant for licensure as a marriage and family therapist shall show, as part of the application, that they have completed…
   • § 4980.397 (a) A registrant or an applicant for licensure as a marriage and family therapist shall pass the following two examinations as prescribed by the board: (1) A…
   • § 4980.398 (a) Each applicant who had previously taken and passed the standard written examination but had not passed the clinical vignette examination shall also obtain…
   • § 4980.399 (a) Except as provided in subdivision (a) of Section 4980.398, each applicant and registrant shall obtain a passing score on a board-administered California…
   • § 4980.40 An applicant for licensure shall satisfy all of the following qualifications: (a) Meet the educational requirements of Section 4980.36 or both Sections 4980.37…
   • § 4980.41 (a) An applicant for licensure whose education qualifies them under Section 4980.37 shall complete the following coursework or training in order to be eligible…
   • § 4980.42 (a) Trainees performing services in any work setting specified in Section 4980.43.3 may perform those activities and services as a trainee, provided that the…
   • § 4980.43 (a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of…
   • § 4980.43.1 (a) All trainees, associates, and applicants for licensure shall be under the supervision of a supervisor at all times. (b) As used in this chapter, the term…
   • § 4980.43.2 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (10) of subdivision (c) of…
   • § 4980.43.3 (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an…
   • § 4980.43.4 (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business…
   • § 4980.43.5 The board may audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A…
   • § 4980.44 An associate marriage and family therapist employed under this chapter shall comply with the following requirements: (a) Inform each client or patient prior to…
   • § 4980.46 Any licensed marriage and family therapist who owns a business using a fictitious business name shall not use any name that is false, misleading, or deceptive,…
   • § 4980.48 (a) A trainee shall, prior to performing any professional services, inform each client or patient that the trainee is an unlicensed marriage and family…
   • § 4980.49 (a) A marriage and family therapist shall retain a client’s or patient’s health service records for a minimum of seven years from the date therapy is…
   • § 4980.50 (a) Every applicant who meets the educational and experience requirements and applies for a license as a marriage and family therapist shall be examined by the…
   • § 4980.54 (a) The Legislature recognizes that the education and experience requirements in this chapter constitute only minimal requirements to ensure that an applicant…
   • § 4980.55 As a model for all therapeutic professions, and to acknowledge respect and regard for the consuming public, all licensed marriage and family therapists are…
   • § 4980.57 (a) The board shall require a licensee who began graduate study prior to January 1, 2004, to take a continuing education course during his or her first renewal…
   • § 4980.60 (a) The board may adopt those rules and regulations as may be necessary to enable it to carry into effect the provisions of this chapter. The adoption,…
   • § 4980.70 Except as provided by Section 159.5, the board may employ whatever additional personnel is necessary to carry out the provisions of this chapter.
   • § 4980.72 The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a license in another…
   • § 4980.74 (a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or…
   • § 4980.76 An applicant for licensure or registration with a degree obtained from an educational institution outside the United States shall provide the board with a…
   • § 4980.78 (a) This section applies to persons with education gained from an out-of-state school who apply for licensure or registration and who do not qualify for a…
   • § 4980.81 This section applies to persons subject to Section 4980.78 who apply for licensure or registration. (a) For purposes of Section 4980.78, an applicant shall…
2. ARTICLE 2. Denial, Suspension, and Revocation §§ 4982–4982.3 · 7 sections

   • § 4982 The board may deny a license or registration or may suspend or revoke the license or registration of a licensee or registrant if the licensee or registrant has…
   • § 4982.01 (a) The Board of Behavioral Sciences shall require an applicant for marriage and family therapist licensure or registration as an associate marriage and family…
   • § 4982.1 The board may refuse to issue any registration or license whenever it appears that an applicant may be unable to practice his or her profession safely due to…
   • § 4982.15 (a) The board may place a license or registration on probation under the following circumstances: (1) In lieu of, or in addition to, any order of the board…
   • § 4982.25 The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following: (a) Denial of…
   • § 4982.26 The board shall revoke any license issued under this chapter upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with…
   • § 4982.3 The proceedings conducted under this article shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of…
3. ARTICLE 3. Penalties §§ 4983–4983.1 · 2 sections

   • § 4983 Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six…
   • § 4983.1 In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices which…
4. ARTICLE 4. Revenue §§ 4984–4984.9 · 13 sections

   • § 4984 (a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by…
   • § 4984.01 (a) The associate marriage and family therapist registration shall expire one year from the last day of the month in which it was issued. (b) To renew the…
   • § 4984.1 A licensee may renew a license at any time within three years after its expiration by completing all of the actions described in subdivision (b) of Section…
   • § 4984.2 A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while it remains…
   • § 4984.3 A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee…
   • § 4984.4 A license that is not renewed within three years after its expiration shall not be renewed, restored, reinstated, or reissued; however, the former licensee may…
   • § 4984.41 (a) (1) The board shall issue, upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter, a retired…
   • § 4984.5 The board shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire…
   • § 4984.7 (a) The board shall assess the following fees relating to the licensure of marriage and family therapists: (1) The application fee for an associate…
   • § 4984.72 (a) Effective January 1, 2016, an applicant who fails the clinical examination may, within one year from the notification date of that failure, retake the…
   • § 4984.75 (a) In addition to the fees charged pursuant to Section 4984.7 for the biennial renewal of a license pursuant to Section 4984, the board shall collect an…
   • § 4984.8 (a) A licensee may apply to the board to request that his or her license be placed on inactive status. (b) A licensee on inactive status shall be subject to…
   • § 4984.9 A licensee or registrant shall give written notice to the board of a name change, giving both the old and new names. The written notice shall be submitted to…
5. ARTICLE 6. Marriage and Family Therapy Corporations §§ 4987.5–4988.2 · 7 sections

   • § 4987.5 A marriage and family therapy corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations…
   • § 4987.6 It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly…
   • § 4987.7 The name of a marriage and family therapy corporation shall contain one or more of the words “marriage,” “family,” or “child” together with one or more of the…
   • § 4987.8 Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a marriage and family therapy corporation shall be a…
   • § 4988 The income of a marriage and family therapy corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined…
   • § 4988.1 A marriage and family therapy corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional…
   • § 4988.2 The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring…
6. ARTICLE 7. Review § 4989 · 1 section

   • § 4989 The powers and duties of the board, as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473). The…