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By Mr. Calter of Kingston, petition (accompanied by bill, House, No. 4744) of Thomas J. Calter and others for legislation to further regulate the practice of psychotherapy. Public Health. |
The Commonwealth of Massachusetts
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PETITION OF:
Willie Mae Allen
F. Jay Barrows
Christine E. Canavan
Susan Williams Gifford
Frank M. Hynes
Matthew C. Patrick
Robert M. Koczera
Jennifer M. Callahan
Paul J. Donato
Denise Provost
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In the Year Two Thousand and Eight.
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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. Section 65A of chapter 112 of the General Laws, as appearing the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:—
Notwithstanding any general or special law to the contrary, (i) each board of registration under the supervision of the division of professional licensure, (ii) each board of registration under the supervision of the department of public health and (iii), in the case of violations of section 65F, the division of professional licensure may, after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding 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, certificate, registration or authority, engages in the practice of a trade or profession for which a license, certificate, registration or authority is required.
SECTION 2. Said chapter 112 is hereby amended by inserting after section 65E the following section:—
65F. No person shall represent himself to the public as a psychotherapist or provide services in psychotherapy, unless he (i) is a physician with a board certification in psychiatry and a license in good standing with the board of registration in medicine, a psychologist with a license in good standing with the board of registration of psychologists, a licensed independent clinical social worker or a licensed certified social worker, a psychiatric nurse mental health clinical specialist, a marriage and family therapist licensed under section 165, or a mental health counselor licensed under section 165 and (ii) is practicing within the scope and expertise of such license; or he is a student, intern or person fulfilling the required supervised experience for licensure in the above professions under the qualified supervision of a licensee.