HOUSE DOCKET, NO. 3637        FILED ON: 5/10/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3466

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Ruth B. Balser

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect psychotherapy patients.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3637        FILED ON: 5/10/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3466

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act to protect psychotherapy patients.

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 2010 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 65F.

SECTION 2.  Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after section 65E the following new section:—

65F.  No person shall hold himself out to the public by any title or description stating or implying that they are a psychotherapist or represent to the public that the service he is offering is psychotherapy, unless (a) he is currently licensed by the board of registration in medicine, board of registration in nursing, board of registration of psychologists, board of registration of social workers, or the board of registration of allied mental health and human services professionals, and he 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.

Any person who violates this section shall be punished by a fine of not more than $1,000 for the first offense and by a fine of not more than $2,500 for a second or subsequent offense.