GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	3 

HOUSE BILL 233*
Committee Substitute Favorable 6/7/93
Committee Substitute #2 Favorable 6/21/93

Short Title:  Marriage & Family Therapists.	(Public)
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Sponsors:
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Referred to:  
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February 23, 1993

A BILL TO BE ENTITLED
AN ACT TO REQUIRE LICENSURE OF MARRIAGE AND FAMILY THERAPISTS.
The General Assembly of North Carolina enacts:
Section 1.  This act shall be known and may be cited as the "Marriage and Family Therapy Licensure Act of 1993."
Sec. 2.  Article 18C of Chapter 90 of the General Statutes reads as rewritten:
"ARTICLE 18C.
" Marriage and Family Therapy Licensure Act.
"§ 90-270.45.  Title of Article.
This Article shall be known as the 'Marriage and Family Therapy Licensure Act.'
"§ 90-270.46.  Policy and purpose.
Marriage and family therapy in North Carolina is a professional practice that affects the public safety and welfare and requires appropriate licensure and control in the public interest.
It is the purpose of this Article to establish a licensure agency, a structure, and procedures that will (i)	ensure that the public has a means of protecting itself from the practice of marriage and family therapy by unprofessional, unauthorized, and unqualified individuals, and (ii) protect the public from unprofessional, improper, unauthorized and unqualified use of certain titles by persons who practice marriage and family therapy.  This Article shall be liberally construed to carry out these policies and purposes.
"§ 90-270.47.  Definitions.
As used in this Article, unless the context clearly requires a different meaning:
(1)	'Allied mental health field' and 'degree' mean:
a.	Master's or doctoral degree in clinical social work;
b.	Master's or doctoral degree in psychiatric nursing;
c.	Master's or doctoral degree in counseling or clinical or counseling psychology;
d.	Doctor of medicine or doctor of osteopathy degree with an appropriate residency training in psychiatry; or
e.	Master's or doctoral degree in any mental health field the course of study of which is equivalent to the master's degree in marriage and family therapy.
(2)	'Board' means the North Carolina Marriage and Family Therapy Licensure Board.
(3)	'Licensed marriage and family therapist' means a person to whom a license has been issued pursuant to this Article, if the license is in force and not suspended or revoked.
(3a)	'Marriage and family therapy' is the clinical practice, within the context of marriage and family systems, of the diagnosis and treatment of psychosocial aspects of mental and emotional disorders, whether cognitive, affective, or behavioral.  Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to families, couples, and individuals for the purpose of treating these diagnosed mental and emotional disorders.  Marriage and family therapy includes referrals to and collaboration with other health care professionals when appropriate.
(4)	'Practice of marriage and family therapy' means the rendering of professional marriage and family therapy services to individuals, couples, or families, singly or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.  
(5)	'Recognized educational institution' means any educational institution that grants a bachelor's, master's, or doctoral degree and is recognized by the Board and by a nationally or regionally recognized educational or professional accrediting body.
"§ 90-270.48.  Prohibited acts.
Except as specifically provided elsewhere in this Article, it is unlawful for a person not licensed as a marriage and family therapist under this Article to practice marriage or family therapy or hold himself or herself out to the public as a person practicing marriage and family therapy.
"§ 90-270.48A.  Exemptions.
(a)	This Article does not prevent members of the clergy, including, but not limited to, persons who are ordained, consecrated, commissioned, or endorsed by a recognized denomination, church, faith group, or synagogue, or licensed, certified, or registered members of other professional groups as defined by the Board, including, but not limited to, certified social workers, registered practicing counselors, fee-based pastoral counselors, licensed practicing psychologists, psychological associates, physicians, and attorneys-at-law, from advertising or performing services consistent with their own profession, except that such a person, unless licensed under this Article, may not use the title 'Licensed Marriage and Family Therapist,' use the letters 'LMFT,' or in any way imply the person is a licensed marriage and family therapist.
(b)	A person is exempt from the requirements of this Article if any of the following conditions are met:
(1)	The person is (i) preparing for the practice of marriage and family therapy in a manner prescribed by rules of the Board, (ii) under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the Board, and (iii) designated by a title such as 'marriage and family therapy intern,' or 'marriage and family therapy supervisee,' or another similar title approved by the Board.
(2)	The person is practicing marriage and family therapy as an employee of a recognized educational institution, or a governmental institution or agency and the practice is included in the duties for which the person was employed by the institution or agency.
(3)	The person is practicing marriage and family therapy as an employee of a nonprofit organization which the Board has determined meets community needs and the practice is included in the duties for which the person was employed by the nonprofit organization.
"§ 90-270.48B.  Third-party reimbursement.
Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article.
"§ 90-270.49.  North Carolina Marriage and Family Therapy Licensure Board.
(a)	Establishment. – There is established as an agency of the State of North Carolina the North Carolina Marriage and Family Therapy Licensure Board, which shall be composed of seven Board members to be appointed as provided in G.S. 90-270.50.  Board members shall be appointed for terms of four years each, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Board member whom he shall succeed.  Upon the expiration of a Board member's term of office, the Board member shall continue to serve until a successor has qualified.  No person may be appointed more than once to fill an unexpired term or for more than two consecutive full terms.  The Governor shall designate one Board member to serve as chairperson of the Board.  No person may serve as chairperson for more than four years.
The Governor may remove any member from the Board or remove the chairperson from the position of chairperson only for neglect of duty, malfeasance, or conviction of a felony or crime of moral turpitude while in office.
No Board member shall participate in any matter before the Board in which the member has a pecuniary interest, personal bias, or other similar conflict of interest.
(b)	Quorum and Principal Office. – Four of the members of the Board shall constitute a quorum of the Board.  The Board shall specify the principal office of the Board within this State.
	"§ 90-270.50.  Appointment and qualification of Board members.
(a)	Nominations for Appointment. – The Governor shall appoint members of the Board only from among the candidates who meet the following qualifications:
(1)	Four members shall be practicing marriage and family therapists who are licensed marriage and family therapists in the State at the time of their appointment, each of whom has been for at least five years immediately preceding appointment actively engaged as a marriage and family therapist in rendering professional services in marriage and family therapy, or in the education and training of graduate or postgraduate students of marriage and family therapy, and has spent the majority of the time devoted to this activity in this State during the two years preceding appointment.  
(2)	Three members shall be representatives of the general public who have no direct affiliation with the practice of marriage and family therapy.
(b)	The appointment of any member of the Board shall automatically terminate 30 days after the date the member is no longer a resident of the State of North Carolina.
(c)	The Governor shall fill any vacancy by appointment for the unexpired term.
(d)	Each member of the Board must be a citizen of this State and must reside in a different congressional district in this State.
"§ 90-270.51.  Powers and duties.
(a)	The Board shall administer and enforce this Article.
(b)	Subject to the provisions of Chapter 150B of the General Statutes, the Board may adopt, amend, or repeal rules to administer and enforce this Article, including rules of professional ethics for the practice of marriage and family therapy.
(c)	The Board shall examine and pass on the qualifications of all applicants for licensure under this Article, and shall issue a license to each successful applicant.
(d)	The Board may adopt a seal which may be affixed to all licenses issued by the Board.
(e)	The Board may authorize expenditures to carry out the provisions of this Article from the fees that it collects, but expenditures may not exceed the revenues of the Board during any fiscal year.
(f)	The Board may employ, subject to the provisions of Chapter 126 of the General Statutes, attorneys, experts, and other employees as necessary to perform its duties.
"§ 90-270.52.  License application.
(a)	Each person desiring to obtain a license under this Article shall apply to the Board upon the form and in the manner prescribed by the Board.  Each applicant shall furnish evidence satisfactory to the Board that the applicant:
(1)	Is of good moral character;
(2)	Has not engaged or is not engaged in any practice or conduct that would be a ground for denial, revocation, or suspension of a license under G.S. 90-270.60;
(3)	Is qualified for licensure pursuant to the requirements of this Article.
(b)	A license obtained through fraud or by any false representation is void.
90ibefore 
				"§ 90-270.54.  Requirements for license.
(a)	Each applicant shall be issued a license by the Board if the applicant meets the qualifications set forth in G.S. 90-270.52(a) and provides satisfactory evidence to the Board that the applicant:
(1)	Meets educational and experience qualifications as follows:
a.	Educational requirements: Possesses a minimum of a master's degree from a recognized educational institution in the field of marriage and family therapy, or a degree in an allied mental health field, which degree is evidenced by the applicant's official transcripts which establish that the applicant has completed an appropriate course of study in an allied mental health field. An applicant with a degree in an allied mental health field may meet the educational requirements if the applicant presents satisfactory evidence of post-master's or post-doctoral training taken in the field of marriage and family therapy from a program recognized by the Board regardless whether the training was taken at a nondegree granting institution or in a nondegree program, as long as the training, by itself or in combination with any other training, is the equivalent in content and quality, as defined in the rules of the Board, of a master's or doctoral degree in marriage and family therapy;
b.	Experience requirements: Has at least 1,500 hours of clinical experience in the practice of marriage and family therapy, not more than 500 hours of which were obtained while the candidate was a student in a master's degree program and at least 1,000 of which were obtained after the applicant was granted a degree in the field of marriage and family therapy or an allied mental health field (with ongoing supervision consistent with standards approved by the Board); and
(2)	Passes an examination administered by the Board.
(b)	Any person who is a certified marriage and family therapist on January 1, 1994, shall be deemed to be a licensed marriage and family therapist as of that date.  Valid and unexpired certificates operate as licenses for the purposes of this Article until the date set for renewal of the certificate, at which time the Board shall issue the certificate holder a license in accordance with G.S. 90-270.58.
"§ 90-270.55.  Examinations.
	The Board shall conduct an examination at least once a year at a time and place designated by the Board.  (b)	Examinations may be written, oral, or both as determined by the Board.  (c)	Examinations shall include questions in theoretical and applied fields to test an applicant's knowledge and competence to engage in the practice of marriage and family therapy.  (d)	The Board shall set the passing score for examinations.  (e)	Any person who fails an examination conducted by the Board shall not be admitted to a subsequent examination for a period of at least six months.
"§ 90-270.55A.  Temporary license.
The Board shall issue a nonrenewable temporary license to a person applying for licensure under G.S. 90-270.54 for a period not to exceed the lesser of one year or the date next scheduled for issuance of new licenses pursuant to G.S. 90-270.54 upon a finding that the person substantially meets the education and experience requirements of G.S. 90-270.54(a)(1).  No temporary license shall be issued to a person who has failed an examination administered under G.S. 90-270.55.  Recipients of temporary licenses have all the rights, duties, and obligations of permanent licensees, except that the Board shall limit by rule the practice of marriage and family therapy by temporary licensees.
"§ 90-270.56.  Reciprocal licenses.
The Board shall issue a license by reciprocity to any person who applies for the license as prescribed by the Board and who is licensed or certified as a marriage and family therapist in another state whose requirements for the license or certificate are equivalent to or exceed the requirements of this State.
"§ 90-270.57.  Fees.
In order to fund the Board's activities under this Article, the Board may charge and collect fees not exceeding the following:
(1)	Each license examination	$50.00
(2)	Each license application	150.00
(3)	Each renewal of license	100.00
(4)	Each reciprocal license application	150.00
(5)	Each reinstatement of an expired license	125.00
(6)	Each application to return to active status	125.00.
In addition to the examination fee provided in subdivision (1)	of this section, the Board may charge and collect from each applicant for license examination the cost of test materials.
The Board is authorized to return all or a portion of fees paid in cases where the applicant is ineligible or in cases of undue hardship.
"§ 90-270.58.  Renewal of license.
All licenses issued under this Article shall expire automatically on the first day of July of each year.  The Board shall renew a license upon (i)	completion of the continuing education requirements of G.S. 90-270.58B and (ii) payment of the renewal fee.
"§ 90-270.58A.  Reinstatement after expiration.
A person whose license has expired may have the license reinstated as prescribed by the Board.  The Board shall charge and collect a fee for reinstatement of the license.
"§ 90-270.58B.  Inactive status.
(a)	A person who holds a valid and unexpired license and who is not actively engaged in the practice of marriage and family therapy may apply to the Board to be placed on inactive status.  A person on inactive status shall not be required to pay annual renewal fees.
(b)	A person on inactive status shall not practice or hold himself out as practicing marriage and family therapy or perform any other activities prohibited by this Article.
(c)	A person desiring to return to active status shall submit written application to the Board.  The Board shall return the person to active status upon payment of the fee specified in G.S. 90-270.57 and upon such showing of competency to resume practice as the Board may require.
"§ 90-270.58C.  Continuing education requirements.
The Board shall prescribe continuing education requirements for licensees as the Board shall prescribe.  These requirements shall be designed to maintain and improve the quality of professional services in marriage and family therapy provided to the public, to keep the licensee knowledgeable of current research, techniques, and practice, and to provide other resources that will improve skill and competence in marriage and family therapy.  The number of hours of continuing education shall not exceed the number of hours available that year in Board-approved courses within the State.  The Board may waive these continuing education requirements for not more than 12 months, but only upon the licensee's satisfactory showing to the Board of undue hardship.
"§ 90-270.59.  Disposition of funds.
All moneys received by the Board shall be used to implement this Article.
"§ 90-270.60.  Denial, revocation, or suspension of license.
(a)	Grounds for Denial, Revocation, or Suspension. – The Board may deny, revoke, or suspend a license granted pursuant to this Article on any of the following grounds:
(1)	Conviction of a felony under the laws of the United States or of any state of the United States.
(2)	Conviction of any crime, an essential element of which is dishonesty, deceit, or fraud.
(3)	Fraud or deceit in obtaining a license as a marriage and family therapist.
(4)	Dishonesty, fraud or gross negligence in the practice of marriage and family therapy.
(5)	Violation of any rule of professional ethics and professional conduct adopted by the Board.
(b)	Any disciplinary action taken shall be in accordance with Chapter 150B of the General Statutes.
"§ 90-270.61. Penalties.
Any person not licensed as a marriage and family therapist under this Article who engages in the practice of marriage and family therapy, or holds himself or herself out to be a marriage or family therapist or engaged in marriage and family therapy in violation of this Article is guilty of a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) for the first offense and five hundred dollars ($500.00) for each subsequent offense.
"§ 90-270.62.  Injunction.
As an additional remedy, the Board may proceed in a superior court to enjoin and restrain any person without a valid license from violating the prohibitions of this Article.  The Board shall not be required to post bond to such proceeding."
Sec. 3.  All members of the North Carolina Marital and Family Therapy Certification Board shall continue to be members of the North Carolina Marriage and Family Therapy Licensure Board until the expiration of their terms as members of the North Carolina Marital and Family Therapy Certification Board.
Sec. 4.  (a)	The North Carolina Marriage and Family Therapy Licensure Board shall be considered a continuation of the North Carolina Marital and Family Therapy Certification Board for the purpose of succession to all rights, powers, duties, and obligations of the North Carolina Marital and Family Therapy Certification Board.
(b)	No action or proceeding involving the North Carolina Marital and Family Therapy Certification Board that is pending on the effective date of this act shall be affected by this act.  No cause of action arising under this Article before the effective date of this act is affected by this act.
(c)	All rules, regulations, acts, determinations, and decisions of the North Carolina Marital and Family Therapy Certification Board in force on the effective date of this act shall continue in force as rules, regulations, acts, determinations, and decisions of the North Carolina Marriage and Family Therapy Licensure Board until modified or repealed by the North Carolina Marriage and Family Therapy Licensure Board.
Sec. 5.  This act becomes effective January 1, 1994.