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By Ms. Balser of Newton, petition (accompanied by bill, House, No. 203) of Ruth B. Balser and others to protect psychotherapy patients. Consumer Protection and Professional Licensure. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Ms. Balser of Newton, petition (accompanied by bill, House, No. 203) of Ruth B. Balser and others to protect psychotherapy patients. Consumer Protection and Professional Licensure. |
The Commonwealth of Massachusetts
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PETITION OF:
Susan C. Fargo
John W. Scibak
Ellen Story
Douglas W. Petersen
William N. Brownsberger
Mary E. Grant
Barbara A. L'Italien
Steven A. Tolman
James R. Miceli
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 112 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended in section 65A by inserting after the first sentence the following new paragraph:—
The division of professional licensure may, after a consent agreement between the parties or after an opportunity for an adjudicatory hearing held pursuant to chapter 30A, assess and collect a civil administrative penalty not to exceed $1,000 for the first violation and a civil administrative penalty not to exceed $2,500 for a second or subsequent violation, upon a person who, without holding the required license or fulfilling supervised experience for licensure under the qualified supervision of a licensee, holds himself out to the public as a psychotherapist or represents that the service he is offering is psychotherapy in violation of section sixty-five F.
SECTION 2. Said chapter 112 is hereby amended by adding the following new section:—
65F. No person shall hold himself out to the public as a psychotherapist or represent that the service he is offering is psychotherapy, unless (a) he is currently licensed as a physician, psychologist, social worker, psychiatric nurse mental health clinical specialist, marriage and family therapist, or mental health counselor and is practicing within the scope of practice of such license or (b) he is a student, intern or person fulfilling supervised experience for licensure in the above professions under the qualified supervision of a licensee.
This section shall not apply to an activity, service or use of an official title by a person providing services for a federal, state, county or municipal agency or public or private educational institution or a clinic licensed by the commonwealth, if the person is performing services within the scope of the person’s employment. Any person who violates this section shall for the first offense be punished by a fine of not more than one thousand dollars; and for a second or subsequent offense, by a fine of not more than two thousand five hundred dollars.