Bill H.212

HOUSE DOCKET, NO. 859 FILED ON: 1/14/2015

HOUSE . . . . . . . . . . . . . . . No. 212

By Mr. Kaufman of Lexington, a petition (accompanied by bill, House, No. 212) of Jay R. Kaufman, Sean Garballey and Sal N. DiDomenico relative to consumer protection and regulation in psychotherapy. Consumer Protection and Professional Licensure.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 236 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to independent psychoanalysts.

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 88 of Chapter 13 of the General Laws is hereby amended by striking the first sentence and inserting in place thereof the following:

Section 88. There shall be within the division of professional licensure a board of registration of allied mental health and human services professions, in this section and sections eighty-nine and ninety, which shall consist of fifteen members, one of whom shall be elected as chairperson, to be appointed in the manner provided by section eighty-nine.

SECTION 2. Paragraph (A) of Section 89 of said Chapter 13 of the General Laws is hereby amended by striking the entire paragraph and inserting in place thereof the following:

(A) Twelve members shall be licensed practicing mental health and human services professionals, two of whom shall be marriage and family therapists, two of whom shall be rehabilitation counselors, two of whom shall be clinical mental health counselors, two of whom shall be educational psychologists, two of whom shall be behavior analysts who meet the qualifications in the last 2 paragraphs of section 165 of chapter 112, two of whom shall be independent psychoanalytic therapists or independent psychoanalysts ; and each shall have been, for at least five years immediately preceding appointment, actively engaged as a practitioner rendering professional services in that field, or in the education and training of graduate students or interns in the field, or in appropriate human developmental research, or in other areas substantially equivalent thereto, and shall have spent the majority of the professional time in such activity during the two years preceding the appointment in the commonwealth. One of the 12 shall also be a member of a union licensable under sections one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve; and

SECTION 3. Said chapter 112 is hereby amended by replacing Section 163 with the following:

Section 163. As used in sections one hundred and sixty-three to one hundred and seventy-two, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—

“Advertise”, includes, but is not limited to, distributing 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 or structure, or in any newspaper or magazine or in any directory, or on radio, television or other electronic medium , or by the use of any other means designed to secure public attention.

“Allied mental health and human services professional”, a licensed educational psychologist, a licensed marriage and family therapist, a licensed mental health counselor, a licensed rehabilitation counselor, a licensed applied behavior analyst, a licensed assistant applied behavior analyst, a licensed independent psychoanalytic therapist, or a licensed independent psychoanalyst .

“Approved Continuing Education”, continuing education such as research and training programs, college and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of allied mental health and human services professionals and which are recognized by the board.

“Board”, the Massachusetts board of registration of allied mental health and human services professions.

“Licensed applied behavior analyst”, an individual who, by training, experience and examination, meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis in the commonwealth.

“Licensed assistant applied behavior analyst”, an individual who, by training, experience and examination, meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis under the supervision of a licensed applied behavior analyst or a physician or psychologist qualified to practice applied behavior analysis if it is consistent with the accepted standards of their respective professions.

“Licensed educational psychologist”, a person licensed or eligible for licensure under section on hundred and sixty-five of this chapter and who has been certified as a school psychologist by the Massachusetts department of education; provided, however, that an educational psychologist shall not perform in private practice any of the services for which he is licensed for any student in a school system by which such educational psychologist is employed and provided, further, that an educational psychologist who violates this provision shall have his license suspended for a period to be determined by the board pursuant to the provisions of section one hundred and sixty-nine.

“Licensed independent psychoanalyst”, a person so licensed under section one hundred and sixty-five B.

“Licensed independent psychoanalytic therapist”, a person so licensed under section one hundred and sixty-five A.

“Licensed marriage and family therapist”, a person licensed or eligible for licensure under section one hundred and sixty-five.

“Licensed mental health counselor”, a person licensed or eligible for licensure under section one hundred and sixty-five.

“Licensed rehabilitation counselor”, a person licensed or eligible for licensure under section one hundred and sixty-five.

“Practice of applied behavior analysis”, the design, implementation and evaluation of systematic instructional and environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvements in human behavior, including the direct observation and measurement of behavior and the environment, the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, and the introduction of interventions based on scientific research and which utilize contextual factors, antecedent stimuli, positive reinforcement and other consequences to develop new behaviors, increase or decrease existing behaviors and elicit behaviors under specific environmental conditions that are delivered to individuals and groups of individuals; provided, however, that the “practice of applied behavior analysis” shall not include psychological testing, neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations, hypnotherapy or academic teaching by college or university faculty.

“Practice of educational psychology”, the rendering of professional services to individuals, groups, organizations, or the public for compensation, monetary or otherwise. Such professional services include: applying psychological principles, methods and procedures in the delivery of services to individuals, groups, families, educational institutions and staff and community agencies for the purpose of promoting mental health and facilitating learning. Such services may be preventative, developmental or remedial and include psychological and psychoeducational assessment, therapeutic intervention, program planning and evaluation, research, teaching in the field of educational psychology, consultation and referral to other psychiatric, psychological, medical and educational resources when necessary.

“Practice of marriage and family therapy”, the rendering of professional services to individuals, family groups, couples, or organizations, either public or private for compensation, monetary or otherwise. Said professional services shall include, but not be limited to, applying principles, methods and therapeutic techniques for the purpose of resolving emotional conflicts, modifying perceptions and behavior, enhancing communications and understanding among all family members and the prevention of family and individual crisis. Individual marriage and family therapists may also engage in psychotherapy of a nonmedical nature with appropriate referrals to psychiatric resources and research and teaching in the overall field of human development and interpersonal relationships.

“Practice of mental health counseling”, the rendering of professional services to individuals, families, or groups for compensation, monetary or otherwise. These professional services include: applying the principles, methods and theories of counseling, human development, learning theory, group and family dynamics, the etiology of mental illness and dysfunctional behavior and psychotherapeutic techniques to define goals and develop treatment plans aimed toward the prevention, treatment and resolution of mental and emotional dysfunction and intra or interpersonal disorders in all persons irrespective of diagnosis. The practice of mental health counseling shall include, but not be limited to, diagnosis and treatment, counseling and psychotherapy, of a nonmedical nature of mental and emotional disorders and the psychoeducational techniques aimed at prevention of such disorders and consultations to individuals, couples, families, groups, organizations and communities. Practice of mental health counseling in independent practice with individuals diagnosed with psychosis may be undertaken by a licensed mental health counselor: (a) who is licensed under section 165 on or after March 1, 1992; or (b) who was licensed prior to March 1, 1992 and who meets the certification criteria for independent practice with individuals diagnosed with psychosis as established by the board of registration of allied mental health and human services professions.

“Practice of psychoanalysis”, the rendering of professional services to individuals, families, groups of individuals, organizations or members of the public, for compensation, monetary or otherwise. These professional services shall include, but not be limited to, applying the principles, methods, and theories of psychoanalysis to the prevention, observation, identification, evaluation, interpretation, or resolution of mental, emotional, family, or social dysfunction in all persons, irrespective of diagnosis. Psychoanalytic principles and methods address dynamic conscious and unconscious mental processes to facilitate modifications in character, behavior, and affect that lead to more constructive or satisfactory functioning through the use of verbal and non-verbal, cognitive and emotional communication, including an in depth exploration of the unconscious aspects of the client's relationship with the analyst, the unconscious meaning of communications, and the way current problems relate to early conflicts and feelings. The practice of psychoanalysis shall include, but not be limited to, the use of psychotherapy and counseling to diagnose and treat dysfunctions and disorders.

“Practice of psychoanalytic therapy”, the rendering of professional services to individuals, families, groups of individuals, organizations or members of the public, for compensation, monetary or otherwise. These professional services shall include, but not be limited to, applying psychoanalytic and psychotherapeutic principles, theories and techniques to the prevention, observation, identification, evaluation, interpretation, or resolution of mental, emotional, family, or social dysfunction in all persons, irrespective of diagnosis. Psychoanalytic therapy addresses conscious and unconscious mental processes to facilitate modifications in behavior, work and life adaptation, and mental health through the use of verbal and non-verbal communication, including an emphasis on the way current problems relate to early experience. The practice of psychoanalytic therapy shall include, but not be limited to, the use of psychotherapy and counseling to diagnose and treat dysfunctions and disorders.

“Practice of rehabilitation counseling”, the rendering of professional services for compensation, monetary or otherwise. These professional services include the application of principles, methods and techniques of the rehabilitation counseling profession such as client assessment, job analysis, vocational assessment, counseling and job development for the purpose of maximizing or restoring the capacities of physically or mentally handicapped individuals for self-sufficiency and independent living including vocational and social functioning and creating those conditions favorable to this goal. The practice of rehabilitation counseling shall include, but not be limited to: assisting individuals in the coordination of appropriate services; counseling with individuals, families or groups; serving an advocacy role with communities or groups toward the provision or implementation of rehabilitation services; research and teaching in the field of rehabilitation counselor education.

“Psychoanalyst”, an individual who is licensed as an independent psychoanalyst or is a recognized mental health professional who has received a post-master’s certificate or doctoral degree in psychoanalysis from a recognized psychoanalytic training institution.

“Psychoanalytic therapist”, an individual who is licensed as an independent psychoanalytic therapist or is a recognized mental health professional engaged in the practice of psychoanalytic therapy.

“Recognized educational institution”, any educational institution which grants a bachelor’s, master’s or doctor’s degree and which is recognized by the board, or by a nationally or regionally recognized educational or professional accrediting organization; provided, however, that such organization is also approved by the United States Department of Education.

“Recognized mental health professional”, a licensed alcohol and drug counselor, a licensed allied mental health and human services professional, a licensed physician who has completed training in psychiatry, a licensed psychiatric nurse mental health clinical specialist, a licensed psychologist, or a licensed social worker.

“Recognized psychoanalytic training institution”, any psychoanalytic training institution which grants a post-master’s certificate or doctoral degree in psychoanalysis and is accredited by a nationally recognized psychoanalytic accrediting organization.

“Use a title or description of”, means to hold oneself out to the public as having a particular status by means of statements on signs, mailboxes, address plates, stationery, announcement, calling cards, web pages, or other instruments of professional identification.

SECTION 4. Said chapter 112 is hereby amended by replacing the first paragraph of Section 164 with the following:

Section 164. Except as otherwise provided in sections one hundred and sixty-three to one hundred and seventy-two, inclusive, commencing March first, nineteen hundred and eighty-nine, no individual who is not licensed or exempted from licensure under said sections shall advertise the performance of or use a title or description of:

(1) licensed mental health counselor, advisor or consultant;

(2) licensed marital or marriage and family therapist, advisor or consultant;

(3) licensed rehabilitation counselor, specialist, advisor or consultant;

(4) licensed educational psychologist, specialist, advisor or consultant;

(5) licensed independent psychoanalyst; or

(6) licensed independent psychoanalytic therapist.

SECTION 5. Said chapter 112 is hereby amended by adding Sections 165A and 165B following Sections 165, as follows:

Section 165A. The board may issue a license to an applicant as an independent psychoanalytic therapist provided that each such applicant shall provide satisfactory evidence to the board that such applicant:

(1) is of good moral character;

(2) has not engaged or is not engaging in any practice or conduct which would be grounds for refusing to issue a license under section one hundred and sixty-nine;

(3) has successfully completed a master’s degree or higher, from a recognized educational institution;

(4) has successfully completed a master's degree or higher in psychoanalysis or a relevant field from a recognized psychoanalytic training institution authorized by the state in which it is located to offer such master's degree or higher. Such degree may also fulfill requirements for (3) of this Section. The master's degree shall include 60 credits of academic courses as the board shall specify. The master’s degree shall include 600 hours of an internship with such direct client contact and supervision as the board shall specify, so long as 50% of such supervision is with a psychoanalyst;

(5) has completed an additional 1500 hours of supervised clinical experience. Such supervised clinical experience shall be composed of direct client contact, supervision, and personal analysis as specified by the board, so long as 50% of such supervision is with a psychoanalyst, and so long as the applicant completes a minimum of 150 hours of personal analysis with a psychoanalyst. Clinical work shall be conducted in a clinic or hospital licensed or authorized by the state in which it is located or accredited by the Joint Commission or an equivalent center or institute or under the direction of an approved supervisor. Private practice settings are not considered acceptable settings for this supervised clinical experience. These supervised clinical experience hours may be obtained before or after completing the program in psychoanalytic therapy; and

(6) the applicant shall successfully pass a written or oral examination approved by the board to determine the applicant’s qualifications for licensure pursuant to this section.

The board shall issue a license without examination to any applicant who applies within one year following the enactment of regulations in support of this act, if the individual meets qualifications set forth in section one hundred and sixty five A of chapter one hundred and twelve of the General Laws, and meets the education experience qualifications determined by the board.

The board may issue a license without examination to any applicant who applies within one year following the enactment of regulations in support of this act, who has been practicing psychoanalytic therapy for a reasonable period of time under supervision as specified and determined by the board; and who satisfies the professional standards established by the board.

Section 165B. The board may issue a license to an applicant as an independent psychoanalyst provided that each such applicant shall provide satisfactory evidence to the board that such applicant:

(1) is of good moral character;

(2) has not engaged or is not engaging in any practice or conduct which would be grounds for refusing to issue a license under section one hundred and sixty-nine;

(3) has successfully completed a master’s degree or higher, from a recognized educational institution;

(4) has successfully completed the education and experience requirements for licensure in psychoanalytic therapy in Sections 165A.4. and 165A.5. Such education and experience may also fulfill requirements for (3) of this Section;

(5) has completed a post-master’s certificate program or doctoral program in psychoanalysis from a recognized psychoanalytic training institution that is authorized by the state in which it is located to grant a master’s degree or higher in psychoanalytic therapy or a relevant field. In addition to requirements completed as part of (4) of this Section, within the program, the applicant shall have completed a minimum of 350 clock hours of academic work in such courses as the board shall specify, shall have completed supervised psychoanalytic practice totaling not less than 550 hours of direct client contact and supervision as the board shall specify, so long as such supervision is with a psychoanalyst, and shall have completed 200 hours of additional personal analysis with a psychoanalyst. Private practice is not considered an acceptable setting for supervised psychoanalytic practice unless the applicant has obtained a license as a recognized mental health professional; and

(6) the applicant shall successfully pass a written or oral examination approved by the board to determine the applicant’s qualifications for licensure pursuant to this section.

The board shall issue a license without examination to any applicant who applies within one year following the enactment of regulations in support of this act, if the individual meets qualifications set forth in section one hundred and sixty five B of chapter one hundred and twelve of the General Laws, and meets the education experience qualifications determined by the board.

The board may issue a license without examination to any applicant who applies within one year following the enactment of regulations in support of this act, who has been practicing psychoanalysis for a reasonable period of time under supervision as specified and determined by the board; and who satisfies the professional standards established by the board.

Name:	District/Address:	Date Added:
Jay R. Kaufman	15th Middlesex	1/14/2015
Sean Garballey	23rd Middlesex
Sal N. DiDomenico	Middlesex and Suffolk