Title 36, PROFESSIONS AND OCCUPATIONS

No advertising regarding the practice of marriage and family therapy may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 166 , § 5.

No licensee may perform marriage and family therapy services outside the scope of the licensee's relevant education, training, and experience. Source: SL 2020, ch 166 , § 6.

Nothing in this chapter may be construed to prevent any other qualified professional, including a clinical social worker, psychiatric nurse, professional counselor, clinical and counseling psychologist, physician, or member of the clergy, from performing or advertising the perfor…

The board may use board staff or employ or contract with an agent or investigator to assist in the enforcement of the provisions of this chapter, or any rule promulgated under this chapter. If it appears to the board that a person is violating any provisions of this chapter or an…

The board and board members and officers shall assist any person charged with the enforcement of the provisions of this chapter. The board, board members, agents, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may m…

An applicant for a license as a marriage and family therapist shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board in accordance with § 36-33-70. The board shall issue a license as a marriage and family therap…

If the board suspects that the physical or mental health of an applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a board-approved health care provider, licensed or authorized to practice pu…

Notwithstanding any other provisions of this chapter, the board may issue a license as a marriage and family therapist to an applicant who is licensed to practice marriage and family therapy in another state or territory of the United States, if the applicant demonstrates that: (…

If a marriage and family therapist licensed in another state or territory of the United States has not passed the national examination required by the board for licensure by endorsement, the board may provide the applicant with a temporary license to practice for up to ninety day…

Any person practicing under a temporary license is subject to supervision and discipline by the board, in the same manner as any other person licensed under this chapter. A person practicing under a temporary license submits to the jurisdiction of the board. Source: SL 2020, ch 1…

A licensee shall furnish the board with updated information within thirty days upon a change in the licensee's name, place of employment, or place of business. Source: SL 2020, ch 166 , § 15.

Any license issued under the provisions of this chapter is valid until November thirtieth of the next even-numbered year following the date of issuance. A license expires automatically, unless it is renewed. Source: SL 2020, ch 166 , § 16.

Any licensee holding a license issued under the provisions of this chapter may renew that license by submitting an application for renewal before the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements …

Except as otherwise provided in this section, any person licensed under this chapter shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board. Any person whose initial license is granted for a period of l…

The board may place a license on inactive status at the request of a licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and proo…

An expired license may be reactivated within the four-year period following its expiration if the applicant: (1) Pays any applicable renewal fee required for the period of expiration; (2) Provides proof of any continuing education required for the period of expiration; and (3) Pr…

The provisions of this chapter do not apply to the activities and services of a person practicing marriage and family therapy as part of the person's duties if the person is: (1) An employee of an accredited educational institution, or a federal, state, county, or local governmen…

No cause of action may arise against any licensed marriage and family therapist for failing to warn of and protect others from a client's threatened violent behavior or for failing to predict, warn of, and protect others from a client's violent behavior except if the client has c…

No licensee or an employee of a licensee may disclose information acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except: (1) If mandated by law or authorized under the Health Insurance …

If both parties to a marriage have obtained marriage and family therapy from a licensed marriage and family therapist, the therapist may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does no…

The board shall receive complaints regarding the enforcement of the provisions of this chapter pursuant to the procedures set forth in chapter 36-1C. A record of each complaint shall be maintained by the board. Notwithstanding chapter 36-1C, the investigator, if a member of the b…

Upon receiving a complaint regarding the health or safety of any patient or the public, any authorized board member, officer, or agent may enter and inspect, during business hours, any place where marriage and family therapy is practiced for the purpose of enforcing the provision…

Testimony or documentary evidence of any kind obtained by the board during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or under any other provision of law and is not admissible as evidence in any legal proceeding, unless the compl…

For purposes of this chapter, "unprofessional or dishonorable conduct" includes a finding that: (1) The licensee is guilty of fraud in the practice of marriage and family therapy or of fraud or deceit in the licensee's admission to the practice of marriage and family therapy; (2)…

Proceedings for the suspension, revocation, or cancellation of a license may be initiated if the board has information that any licensee may have engaged in any unprofessional or dishonorable conduct, as described in § 36-33-61 , or violated this chapter or any rule promulgated u…

If the board finds that a person, entity, licensee, or permit holder has engaged in any unprofessional or dishonorable conduct, as described in § 36-33-61 , or violated any provision of this chapter or any rule promulgated under this chapter, the board may: (1) Revoke a license o…

The board may suspend a license or permit in advance of a final adjudication or during the appeals process if the board finds that allowing a licensee or permit holder to continue practicing would represent a clear and immediate or imminent danger to public health and safety. A l…

All proceedings regarding the suspension, revocation, or cancellation of a license shall conform to the procedure set forth in chapter 1-26 . A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter 1-26 . Source: SL 2020, ch 166 , § 32.

At the board's discretion, the board may reinstate or issue a new license or permit. The board may require the applicant to pay all costs of the proceedings resulting in the suspension, revocation, reinstatement, or issuance of a license or permit. Source: SL 2020, ch 166 , § 33.

The board shall investigate and report an alleged violation of any provision of this chapter. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend…

Any person who violates any provision of this chapter may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred. In the alternative, a suit may be brought by any resident of this state. Source: SL 2020, ch 166 , § 35.

Any person who practices marriage and family therapy through electronic means and provides marriage and family therapy services to a patient located in this state is engaged in the practice of marriage and family therapy in this state regardless of the provider's physical locatio…

The board shall promulgate rules, pursuant to chapter 1-26 , to establish: (1) An application fee, not to exceed two hundred dollars; (2) A biennial renewal fee, not to exceed three hundred dollars; (3) A duplicate license fee, not to exceed fifteen dollars; (4) An inactive licen…

The board may promulgate rules, pursuant to chapter 1-26 , to: (1) Set standards for professional practice; and (2) Establish procedures for application, licensure, eligibility, renewals, continuing education, supervision, and the examination of an applicant for and a holder of l…

Any person licensed as a marriage and family therapist under § 36-33-9 before June 30, 2020, is licensed as a marriage and family therapist pursuant to the provisions of §§ 36-33-34 to 36-33-72, inclusive. Source: SL 2020, ch 166 , § 39.