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  #1  
Old Jul 28, 2013, 06:17 PM
Syra Syra is offline
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Does anyone know what the penalities are for someone who practices psychotherapy without a license in a state with licensing requirements (added for clarity of question. ) ? not as a clinical psychologist, or clinical social worker, or any of the other options for licensing?

Last edited by Syra; Jul 28, 2013 at 07:01 PM.

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  #2  
Old Jul 28, 2013, 06:46 PM
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Favorite Jeans Favorite Jeans is offline
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Depends on your jurisdiction. In mine, I believe that "therapist" and "psychotherapist" are not regulated so anyone can call themselves that. Kind of like "psychic" or "consultant." If they belong to a regulated profession you can report them to their regulatory body. If they do not belong to a professional association and are using an unregulated title they may not require a license to practice. It's ethically bankrupt but totally legal.
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Syra
  #3  
Old Jul 28, 2013, 06:59 PM
Syra Syra is offline
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Originally Posted by Favorite Jeans View Post
Depends on your jurisdiction. In mine, I believe that "therapist" and "psychotherapist" are not regulated so anyone can call themselves that. Kind of like "psychic" or "consultant." If they belong to a regulated profession you can report them to their regulatory body. If they do not belong to a professional association and are using an unregulated title they may not require a license to practice. It's ethically bankrupt but totally legal.
What happens to them if reported - I should have added that licensing is required in the state.
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Old Jul 28, 2013, 07:03 PM
stopdog stopdog is offline
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If you are in the United States - it will be based on state law. You can probably do a yahoo or google search and come up with your state's statutes and look up the licensing requirements and penalties.
For example:
ALABAMA STATUTES AND CODES

Section 34-26-42 Penalty for unlicensed person held out to public as psychologist or psychological technician.
Section 34-26-42
Penalty for unlicensed person held out to public as psychologist or psychological technician.

If any person holds himself or herself out to the public as being engaged in practice as a psychologist or psychological technician, such as clinical, counseling, school, or combined professional-scientific psychology, and does not then possess in full force and virtue a valid license to practice as a psychologist or psychological technician under this chapter, he or she shall be deemed guilty of a Class C misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Nothing in this chapter shall be construed to limit the professional pursuits of teachers in recognized public and private schools, clergymen, practitioners of medicine, social workers and guidance counselors from full performance of their professional duties. However, in such performance any title shall be in accord with this chapter. Students of psychology, psychological interns, or other persons preparing for the profession of psychology may perform as a part of their training the functions specified in this chapter, but only under qualified supervision. Use of psychological techniques by business and industrial organizations for employment placement, evaluation, promotion, or job adjustment of their own officers or employees or by employment agencies for the evaluation of their own clients prior to recommendations for employment is also specifically allowed. However, no industrial or business firm or corporation may sell or offer to the public or to other firms or corporations for remuneration any psychological services as specified in this chapter unless the services are performed or supervised by individuals duly and appropriately licensed under this chapter.

(Acts 1963, No. 535, p. 1147, §6; Acts 1997, No. 97-387, p. 619, §3; Act 98-146, p. 230, §3.)

or Wyoming:
33-27-119. Practice without license.

(a) Repealed By Laws 2009, Ch. 154, 2.

(b) Unless exempt under W.S. 33-27-114, any person who represents himself as a psychologist and who engages in the practice of psychology in violation of this act, is guilty of a misdemeanor punishable by a fine of not more that seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. Each violation shall constitute a separate offense.

(c) Any person filing or attempting to file as his own, a diploma or license of another or a forged affidavit of identification shall be guilty of a felony and shall be subject to the punishment prescribed for forgery under W.S. 6-3-602.

(d) No person whose license to practice as a psychologist in any jurisdiction has been suspended or revoked shall practice psychology in this state. The board may suspend or revoke the license of that person. The board may issue a new license whenever it deems the issuance to be safe and just.

(e) The board on its own motion may investigate any evidence or allegation that appears to show that any person is or may be in violation of any provision of this act.

(note this was just a random search I did on yahoo for state codes/statutes. Usually I go to the state govt. page and get the statutes from there. I am not saying these are the most current statutes in these states.)
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  #5  
Old Jul 28, 2013, 07:03 PM
Jungatheart Jungatheart is offline
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I can't remember where I was reading it, but there was an online article on how dis-regulated this can be. It had to do with accounts of therapists moving states to practice, even though their license was revoked in another state. Or just changing their title, or working out of their house. I'll see if I can find the article, but try emailing your state board or contacting a lawyer for real answers.
  #6  
Old Jul 28, 2013, 08:38 PM
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crazycanbegood crazycanbegood is offline
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Thinking of setting up shop?
Thanks for this!
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  #7  
Old Jul 28, 2013, 08:49 PM
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rainbow8 rainbow8 is offline
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My former T doesn't have a license. She has a PhD and I always assumed she was a psychologist but she was actually a "psychotherapist" without all the training that a T has. She didn't tell me but I found out that she was fined and had to pay $500 and changed her business cards.

When I confronted her about it, she said that her lawyer had advised her that it was not illegal to call herself a psychotherapist. Apparently, it was in my state since she was fined! In any case, she became very defensive whenever I brought up her background and said if I don't like it, to go somewhere else. I was already attached to her, so I stayed, but I was always angry with her for "deceiving people" by not being upfront about her background.

Instead of a license, she had about 30 years of experience, but it always bothered me. I think it was her ego that got to me. She used her social security number for insurance and I vaguely remember her saying something about not having a license # to give me, but it didn't resonate with me then! After she got fined she told me I couldn't try to get insurance coverage any more.

She even told me that you have to be careful because anyone can put up a shingle. She thinks very highly of herself and has a good reputation, and she was good at what she did, but it still bothered me.
Thanks for this!
Syra
  #8  
Old Jul 28, 2013, 08:56 PM
Syra Syra is offline
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Quote:
Originally Posted by rainbow8 View Post
My former T doesn't have a license. She has a PhD and I always assumed she was a psychologist but she was actually a "psychotherapist" without all the training that a T has. She didn't tell me but I found out that she was fined and had to pay $500 and changed her business cards.

When I confronted her about it, she said that her lawyer had advised her that it was not illegal to call herself a psychotherapist. Apparently, it was in my state since she was fined! In any case, she became very defensive whenever I brought up her background and said if I don't like it, to go somewhere else. I was already attached to her, so I stayed, but I was always angry with her for "deceiving people" by not being upfront about her background.

Instead of a license, she had about 30 years of experience, but it always bothered me. I think it was her ego that got to me. She used her social security number for insurance and I vaguely remember her saying something about not having a license # to give me, but it didn't resonate with me then! After she got fined she told me I couldn't try to get insurance coverage any more.

She even told me that you have to be careful because anyone can put up a shingle. She thinks very highly of herself and has a good reputation, and she was good at what she did, but it still bothered me.
Thanks Rainbow. I thought it might be something like that.
  #9  
Old Jul 28, 2013, 08:57 PM
Syra Syra is offline
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Quote:
Originally Posted by crazycanbegood View Post
Thinking of setting up shop?
Are you worried I might?
  #10  
Old Jul 28, 2013, 09:03 PM
Jungatheart Jungatheart is offline
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They think you are the therapist....
  #11  
Old Jul 28, 2013, 09:12 PM
Syra Syra is offline
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Quote:
Originally Posted by Jungatheart View Post
They think you are the therapist....


Really?
  #12  
Old Jul 28, 2013, 10:16 PM
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feralkittymom feralkittymom is offline
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I believe the issue of on-line services is problematic, too. Not sure if the person using a licensed title must be licensed at least in the state in which their business is registered, but less clear about "practicing" in other states virtually.
  #13  
Old Jul 28, 2013, 10:30 PM
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1stepatatime 1stepatatime is offline
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Quote:
Originally Posted by Syra View Post


Really?
lololololololol
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