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HISTORY
Effective date:
The act which added this chapter became effective April 8, 1997.
S 34-17A-1. Short Title.
This chapter shall be known and may be cited as the "Marriage and Family Therapy
Licensure Act." (Acts 1997, No. 97-170, S1.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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S 34-17A-2. Legislative intent.
(a) Marriage and family therapy in the State of Alabama is declared to be a professional
practice which affects the public safety and welfare and requires
appropriate regulation and control in the public interest.
(b) It is the intent of this chapter to establish a regulatory agency, structure,
and procedures which will ensure that the public is protected from the unprofessional
improper, unauthorized, and unqualified practice of marriage and family therapy.
(Acts 1997, No. 97-170, S2.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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S 34-17A-3. Definitions.
As used in this chapter, the following words have the following meanings:
(1) ADVERTISE. The issuing or causing to be distributed any card, sign, or device
to any person; or the causing, permitting, or allowing of any sign or marking on
or in any building, radio or television, transmission or broadcast, or advertising
by any media or other means designed to secure public attention.
(2) BOARD. The Alabama Board of Examiners in Marriage and Family Therapy.
(3) MARRIAGE AND FAMILY THERAPIST. Any person to whom a valid, current license has
been issued pursuant to this chapter.
(4) PERSON. Any individual, firm, corporation, partnership, organization, political
body, or other entity.
(5) PRACTICE OF MARRIAGE AND FAMILY THERAPY. The process of
providing professional marriage and family therapy to individuals, couples, and
families, either alone or in a group. The practice of marriage and family therapy
utilizes established principles that recognize the interrelated nature of the individual
problems and dysfunctions in family members in order to assess, understand, and
treat emotional and mental problems. Marriage and family
therapy includes, without being limited to, individual, group, couple, sexual, family,
and divorce therapy, whether the services are offered directly to the general public
or through organizations, either public or private, for a fee or other compensation.
Marriage and family therapy is a specialized mode of treatment for the purpose of
resolving emotional problems and modifying intrapersonal and interpersonal dysfunctions.
The terms assess and treat as used in this subdivision, when considered in isolation
or in conjunction with the rules of the board, shall not be construed to permit
the performance of any act which marriage and family therapists are not educated
and trained to perform, including but not limited to, administering and interpreting
psychological tests,
intellectual, neuropsychological, personality, and projective instruments, admitting
persons to hospitals for treatment for the foregoing conditions, treating persons
in hospitals without medical supervision, prescribing medicinal drugs, authorizing
clinical laboratory procedures or radiological procedures, or use of
electroconvulsive therapy. In addition, this definition shall not be construed to
permit any person licensed pursuant to this chapter to describe or label any test,
report, or procedure as psychological or as a psychological evaluation.
(6) QUALIFIED SUPERVISION. The supervision of clinical services in accordance with
standards established by the board. The supervisor shall be recognized by the board
as an approved supervisor.
(7) RECOGNIZED EDUCATIONAL lNSTITUTION. Any educational institution which grants
a bachelors, masters, or doctoral degree and which is recognized by the board and
by a regional educational accrediting body or a postgraduate training institute
accredited by the Commission on Accreditation for Marriage and Family Therapy Education.
(8) USE A TITLE OR DESCRIPTION. To hold oneself out to the public as having a particular
status by means of stating on signs, mailboxes, address plates, stationery announcements,
calling cards, or other instruments of professional identification.
(Acts 1997, No. 97-170, p. 247, §3; Act 2006-540, p. 1243, §1.)
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S 34-17A-4. Acts prohibited.
Except as otherwise provided, on or after July 1, 1998, it shall be a Class B
misdemeanor for a person to do any of the following unless licensed pursuant to
this chapter.
(1) Advertise that he or she performs marriage and family therapy or marriage and
family counseling services.
(2) Use a title or description such as marital and marriage therapist, counselor,
advisor, or consultant, or family therapist, counselor, advisor, or consultant,
or any other name, style, or description denoting that the person is a marriage
and family therapist.
(3) Practice marriage and family therapy. (Acts 1997, No. 97-170, S1)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-5. Exemptions.
(a) The following persons shall be exempt from this chapter:
(1) A person practicing marriage and family therapy as part of his or her duties
as an employee of a recognized educational institution, a federal, state, county,
or municipal governmental institution or agency; a public corporation authorized
by Section 22-51-2, which is certified by the Alabama Department of Mental Health
and Mental Retardation pursuant to a contract with the State of Alabama; or an organization
that is nonprofit while performing those duties for which the employee was employed
by the institution, agency, facility, or organization.
(2) A person who is a marriage and family therapy intern or person preparing for
the practice of marriage and family therapy under qualified supervision in a training
institution or facility or supervisory arrangement recognized and approved by the
board, provided, that he or she is designated by title as a "marriage and family
therapy intern," "marriage therapy intern," "family therapy
intern," or another title clearly indicating a training status. A person who
is completing his or her two year postgraduate supervision shall be designated as
an associate before applying for his or her license as a marriage and family therapist.
(3) A psychologist, properly licensed by the State of Alabama, who is practicing
within the scope of his or her expertise.
(4) A professional counselor, properly licensed by the State of Alabama, who is
practicing within the scope of his or her expertise.
(5) A licensed certified social worker, properly licensed by the State of Alabama,
who is practicing within the scope of his or her expertise.
(6) A minister of religion or a nurse when practicing within the scope of his or
her practice.
(b) Nothing in this chapter shall be construed to prevent qualified members of other
licensed professional groups, including, social workers, attorneys, psychiatric
nurses, psychologists, physicians, or professional counselors, or members of the
clergy, from providing or advertising that they provide marriage and family therapy
or counseling consistent with the accepted standards of their respective professions.
(c) Nothing in this chapter shall be construed to permit marriage and family therapists
licensed pursuant to this chapter to administer, dispense, or prescribe drugs, or
in any manner engage in the practice of medicine as defined by the laws of this
state.
(Acts 1997, No. 97-170, p. 247 §5; Act 2006-540, p. 1243, §1.)
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S
34-17A-6. Creation of board; composition; vacancies; removal.
(a) There is created the Alabama Board of Examiners in Marriage and Family Therapy.
The board shall consist of five members appointed by the Governor. In appointing
members to the board, the Governor shall select those persons whose appointments
would ensure that, to the extent possible, the membership of the board reflects
the geographic, gender, and racial diversity of the state as a whole. The board
shall perform the duties and have the powers as prescribed and conferred by this
chapter. No member of the board shall be civilly liable for any act performed in
good faith for the performance of his or her duties as a member of the board.
(b) The professional membership of the board shall be licensed pursuant to this
chapter.
(c) Vacancies on the board shall be filled for the remainder of the unexpired term.
Members of the board shall serve until their successors are appointed and have qualified.
Board members shall be ineligible for reappointment for a period of three years
following completion of their five-year term.
(d) Appointments to the board shall be made by the Governor as provided in this
subsection. Not later than October 1 of each year, the Board of Directors of the
Alabama Association for Marriage and Family Therapy shall submit to the Governor
the names of two qualified candidates for each position on the board to be vacated
by reason of expiration of a term of office. From the two candidates, the Governor
shall appoint one member to serve on the board for a term of five years. Other vacancies
occurring on the board shall be filled for the unexpired term by appointment of
the Governor from two candidates for each vacancy submitted by the Alabama Association
for Marriage and Family Therapy within 30 days after the vacancy occurs. Composition
of the board shall consist of one public member, one marriage and family therapy
educator, and three practicing marriage and family therapists.
(e) The Governor may remove a member of the board only for neglect of duty, malfeasance,
or conviction of a felony or crime of moral turpitude while in office. Notwithstanding
the foregoing, no member may be removed until after a public hearing of the charges
against him or her, and at least 30 days prior written notice to the accused member
of the charges against him or her and of the date fixed for the hearing. No board
members shall participate in any matter before the board in which he or she has
a pecuniary interest, personal bias, or other similar conflict of interest.
(Acts 1997, No. 97-170, p. 247 §6; Act 2006-540, p.1243, §1.)
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S 34-17A-7. Employees;
oath; meetings; powers.
(a) The board may employ a director, secretary, attorneys, experts, and other employees
as it may from time to time find necessary, for the proper performance of its duties,
and for whom the necessary funds are appropriated.
(b) The board shall elect annually a chair and vice chair. Each member shall receive
the same per diem and travel allowance as state employees for each day of attendance
at an official meeting of the board. The board shall hold at least one regular meeting
each year. Additional meetings may be held at the discretion of the chair or at
the written request of any two members of the board. Three members of the board
shall constitute a quorum.
(c) The board shall examine and pass on the qualifications of all applicants and
shall issue a license to each successful applicant attesting to his or her professional
qualifications as a marriage and family therapist. The board shall adopt a seal
which shall be affixed to all licenses issued by the board. The board may authorize
expenditures deemed necessary to carry out this chapter from the fees which it collects
and other available appropriations, but in no event shall expenditures exceed the
revenues of the board during any fiscal year. The
board may accept grants from foundations, individuals, and institutions to carry
on its function.
(d) By rule, the board shall assess and collect fees as required for the enforcement
of this chapter.
(Acts 1997, No. 97-170, p. 247 §7; Act 2006-540, p. 1243, §1.)
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S 34-17A-8. Application.
(a) Each applicant for licensure as a practicing marriage and family therapist shall
submit to the board a completed application on forms prescribed by the board. The
completed application shall contain the following information:
(1) Satisfactory evidence that the applicant is of good moral character and has
not engaged or is not engaged in any practice or conduct that would make the applicant
ineligible to receive a license pursuant to Section 34-17A-14.
(2) Satisfactory evidence that the applicant meets the education and experience
requirements for licensure pursuant to Section 34-17A-10.
(3) Other information that the board may require.
(b) Applicants also shall pass an examination which has been approved by the board.
(Acts 1997, No. 97-170, p. 247 §8; Act 2006-540, p.1243, §1.)
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S 34-17A-9. Education
and experience requirements (prior to July 1, 1998)
Repealed by Act 2006-540, p. 1243 §2, effective July 1, 2006.
(Acts 1997, No., 97-170, p. 247, §9.)
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S 34-17A-10 Education
and experience requirements
The following education and experience requirements apply to applicants for licensure
who submit a completed application:
(1) Educational requirements: A masters degree or a doctoral degree in marriage
and family therapy from a recognized educational institution, or a graduate degree
in an allied field from a recognized educational institution and graduate level
course work in marriage and family therapy.
(2) Experience requirements: Successful completion of two calendar years of work
experience in marriage and family therapy under qualified supervision, as determined
by the board, following receipt of a qualifying degree.
(Acts 1997, No. 97-170, p. 247 §10; Act 2006-540 p. 1243, §1.)
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S 34-17A-11. Examinations.
The board shall approve applicants for an examination at lest once a year at a time
and place designated by the board. Examinations shall include questions in theoretical
and applied fields as the board deems most suitable to test the knowledge and competence
of the applicant to engage in the practice of marriage and family therapy.
(Acts 1997, No. 97-170, p. 247 §11; Act 2006-540, p. 1243, §1.)
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S 34-17A-12.
Persons licensed or certified in other states.
The board shall issue a license by examination of credentials to any person licensed
or certified as a marriage and family therapist in another state which has requirements
for licensure that are equivalent to or exceed the requirements of this state, provided
the applicant submits an application on forms prescribed by the board and pays the
original licensure fee prescribed by this chapter. (Acts 1997, No. 97-170, S12.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-13. Fees;
duration of license; renewal.
(a) A fee, in an amount to be determined by the board, shall be paid to the board
for original licensure.
(b) Licenses shall be valid for two years and shall be renewed biennially prior
to the expiration date. The amount of the renewal fee shall be determined by the
board. Any applicant for renewal of a license that has expired shall also be required
to pay a late renewal fee determined by the board.
(c) On or before October 1 of the year preceding expiration of a license, the secretary
of the board shall forward to the holder of the license a form of application for
renewal thereof. No license shall be renewed unless the renewal request is accompanied
by satisfactory evidence of the completion during the previous 24 months of relevant
professional and continued educational experience. Upon the receipt of the completed
application form, evidence of satisfactory professional and continued educational
experience, and the renewal fee, the secretary shall issue a new license for the
renewal period.
(d) Necessary administrative fees may be charged by the board, including, but not
limited to, reasonable costs for copying, labels, and lists. Examination and license
fees may be adjusted as the board shall deem appropriate.
(Acts 1997, No. 97-170, p.247 §13; Act 2006-540,p.1243, §1.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-14 Disciplinary actions.
(a) The board may deny, revoke, or suspend a license granted pursuant to this chapter
on any of the following grounds:
(1) Conviction of a crime which the board determines to be of a nature as to render
the person convicted unfit to practice marriage and family therapy. The board shall
compile, maintain, and publish a list of the crimes.
(2) Violation of ethical standards of a nature as to render the person found by
the board to be unfit to practice marriage and family therapy. The board shall publish
and maintain the ethical standards.
(3) Fraud or misrepresentation in obtaining a license.
(4) Other just and sufficient cause which renders a person unfit to practice marriage
and family therapy as promulgated by the rules of the board.
(b) Upon finding that a person governed by this chapter has practiced marriage and
family therapy, advertised the he or she performs marriage and family therapy or
such counseling services, or has utilized a title or description denoting that he
or she is a marriage and family therapist, without having first obtained a license,
the board may do any of the following:
(1) Impose an administrative fine of not more than one thousand dollars ($1,000).
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the act occurred to enforce the
cease and desist order and collect the assessed fine.
(c) No license may be denied, suspended, or revoked for the reasons set
forth in subsection (a) and (b) without prior notice and opportunity for hearing,
except that the board may, without prior notice of hearing, suspend for up to one
year the license of any person convicted of a crime as set forth in subdivision
(1) of subsection (a). The burden of proof shall be on the board in any proceeding
to suspend or revoke a license. No license may be denied, suspended, or revoked
or an individual otherwise disciplined pursuant to this section except by vote of
a majority of the board membership.
(d) Any person may file a complaint with the board seeking denial, suspension, or
revocation of a license issued or to be issued by the board or seeking to otherwise
discipline an individual for any violation of this chapter or the rules and regulations
promulgated by the board. Complaints shall be in a form prescribed by the board.
If the board determines that a complaint alleges facts which, if true, would require
denial, revocation, or suspension of a license, it shall promptly institute a hearing.
Whenever the board is of the opinion that a complaint does not state facts which
warrant a hearing, the complaint may be dismissed. The board may institute a hearing
for disciplinary action or for denial, suspension, or revocation of a license on
its own motion.
(e) Any person may be permitted to intervene and participate in board hearings on
denial, suspension, or revocation of licenses upon a showing of an interest in the
proceedings.
(f) Any person whose license has been suspended or revoked may apply to the board
for vacation of the suspension or reinstatement of the license.
(g) In addition to any other disciplinary action, the board may levy and collect
administrative fines for violations of this chapter or the rules and regulations
of the board in an amount not to exceed one thousand dollars ($1,000) for each violation.
(Acts 1997, No. 97-170, p. 247, §14; Act 2006-540, p. 1243, §1.)
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S 34-17A-15. Administrative
procedure.
(a) The board shall conduct its proceedings in accordance with this chapter and
the Alabama Administrative Procedure Act, Section 41-22-1 to 41-22-27, inclusive.
Any person may be heard by the board in person or by an attorney. Every vote and
official act of the board shall be entered on record. All hearings and rule-making
proceedings shall be open to the public. A stenographic record shall be made of
every hearing before the board.
(b) The board may administer oaths and take testimony in all matters relating to
its duties. The board shall be the sole agency in this state empowered to certify
concerning competence in the practice of marriage and family therapy, and the sole
board empowered to license for the practice of marriage and family therapy. (Acts
1997, No. 97-170, S15.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S
34-17A-16. Promulgation of rules, regulations, and procedures.
The board shall establish rules, regulations, and procedures as are necessary to
the exercise of its functions under this chapter. All rules and regulations shall
be promulgated by the board pursuant to the Administrative Procedure Act, Section
41-22-1 to 41-22-27, inclusive, only after public notice and an opportunity to participate
in the rule-making has been afforded all interested persons. Any person, association,
corporation, or agency of government shall be permitted to participate in board
rule-making proceedings. (Acts 1997, No. 97-170, S16.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-17. Judicial review.
(a) A person who has exhausted all administrative remedies available within the
board and who is aggrieved by a final decision of the board is entitled to judicial
review. A preliminary, procedural, or intermediate board action or ruling is immediately
reviewable only if review of the final board action would not provide an adequate
remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court
of Montgomery County within 30 days after service of the final decision of the board.
Copies of the petition for review shall be served upon the board and the parties
of record.
(c) The filing of the petition does not stay enforcement of the decision of the
board. The board may grant, or the reviewing court may order, a stay upon appropriate
terms.
(d) The review shall be conducted by the court without a jury and shall be confined
to the record.
(e) The court shall not substitute its judgement for that of the board as to the
weight of the evidence on questions of fact. The court may affirm the decisions
of the board or remand the case for further proceedings.
(f) The court may reverse or modify the decision of the board if substantial rights
of the appellant have been prejudiced because the disciplinary action of the board
involves any of the following circumstances:
(1) A violation of constitutional or statutory provisions.
(2) An excess of the statutory authority of the board.
(3) An unlawful procedure.
(4) An error of law.
(5) A finding unsupported by substantial evidence on the record as a whole.
(6) A finding that is arbitrary or capricious or characterized by abuse of discretion
or clearly unwarranted exercise of discretion. (Acts 1997, No. 97-170, S17.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-18. Expert witnesses.
(a) In any proceeding before the board involving the granting suspension, or revocation
of a license or in other proceedings in which expert testimony relating to the practice
of marriage and family therapy is necessary, the board shall hear evidence from
a qualified expert witness or witnesses selected by the parties.
(b) An expert witness who testifies in a board proceeding shall be compensated by
the party requesting the testimony. An expert witness selected to testify on behalf
of the board, when it is a party to a proceeding, who is an employee of an agency
of the State of Alabama, or any of its political subdivisions, shall be permitted
to testify without loss of income or other benefits. (Acts 1997, No. 97-170, S18.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-19. Additional remedy.
As an additional remedy, the board may proceed in the Circuit Court of Montgomery
County to enjoin and restrain any unlicensed person from violating the prohibitions
of this chapter. The board shall not be required to post bond. (Acts 1997, No. 97-170,
S18.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S 34-17A-20. Violation.
After July 1, 1998, any person who violates this chapter shall be guilty of a Class
B misdemeanor. (Acts 1997, No.97-170, S18.)
HISTORY
Effective Date:
The act which added this section became effective April 8, 1997.
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S
34-17A-21. Therapists - Privileged communications; exceptions.
For the purpose of this chapter, the confidential relations and communications between
licensed marriage and family therapists and clients are placed upon the same basis
as those provided by law between attorney and client, and nothing in this chapter
shall be construed to require any such privileged communication to be disclosed,
except in the following circumstances:
(1) As mandated by law.
(2) To prevent a clear and immediate danger to a person or persons.
(3) Where the therapist is a defendant in civil, criminal, or disciplinary action
arising from the therapy, in which case client confidences may be disclosed only
in the course of that action.
(4) Where the client is a defendant in a criminal proceeding and the use of the
privilege would violate the defendants right to a compulsory process or the right
to present testimony and witnesses in his or her own behalf; or both.
(5) If there is a waiver previously obtained in writing, the information may be
revealed only in accordance with the terms of the waiver. In circumstances where
more than one person in a family receives therapy conjointly, each family member
who is legally competent to execute a waiver shall agree to the waiver referred
to in this subdivision. Without a waiver from each family member legally competent
to execute a waiver, a therapist may not disclose information received from any
family member.
(6) Where there is a duty to warn under the limited circumstances set forth in Section
34-17A-23. (Acts 1997, No. 97-170, S21.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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S
34-17A-22. Therapists Testimony in alimony or divorce actions.
If both parties to a marriage have obtained marriage and family therapy by a licensed
marriage and family therapist, the therapist shall not be competent to testify in
an alimony or divorce action concerning information acquired in the course of the
therapeutic relationship. This section shall not apply to custody actions. (Acts
1997, No. 97-170, S 22.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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S 34-17A-23. Therapists
Duties and liability.
(a) There shall be no monetary liability on the part of, and no cause of action
shall arise against, any person who is a licensed marriage and family therapist
in failing to predict and warn of and protect from a patients violent behavior except
where the patient has communicated to the marriage and family therapist a serious
threat of physical violence against a reasonably identifiable victim or victims.
(b) The duty to warn of or to take reasonable precautions to provide protection
from violent behavior arises only under the limited circumstance specified in subsection
(a). The duty shall be discharged by the marriage and family therapist if reasonable
efforts are made to communicate the threat of the victim or victims and to a law
enforcement agency.
(c) No monetary liability and no cause of action may arise under this chapter against
any person who is a licensed marriage and family therapist under this chapter for
confidences disclosed of third parties in an effort to discharge duty arising pursuant
of subsection (a) according to subsection (b). (Acts 1997, No. 97-170, S 23.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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S 34 17A-24. Annual report.
Repealed by Act 2006-540, p. 1243, §2, effective July 1, 2006.
(Acts 1997, No. 97-170, p. 247, §24.)
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S 34-17A-25. Alabama Board of Examiners in Marriage and Family Therapy Fund.
There is established a separate revenue trust fund in the State Treasury to be known
as the Alabama Board of Examiners in Marriage and Family Therapy Fund. All receipts
and disciplinary fines collected by the board under this chapter shall be deposited
in this fund and used only to implement this chapter. Monies shall be disbursed
only by warrant of the State Comptroller upon the State Treasury, upon itemized
vouchers approved by the chair of the board or an authorized designee. No funds
shall be withdrawn or expended except as budgeted and allotted according to Sections
41-4-80 to 41-4-98, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts
stipulated in general appropriations bills and other appropriations bills. (Acts
1997, No. 97-170, S 23.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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S 34 17A-26. Sunset provision.
The board shall be an enumerated board pursuant to Sections 41-20-1 to 41-20-16,
inclusive and shall be reviewed at the same time as the State Board of Medical Examiners.
(Acts 1997, No. 97-170, S 23.)
HISTORY
Effective date:
The act which added this section became effective April 8, 1997.
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