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Statutes > North-dakota > T43 > T43c53

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CHAPTER 43-53MARRIAGE AND FAMILY THERAPY PRACTICE43-53-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Advertise&quot; includes the issuing or causing to be distributed any card, sign, or device<br>to any person; the causing, permitting, or allowing any sign or marking in or on any<br>building, radio, or television; or advertising by any other means designed to secure<br>public attention.2.&quot;Associate marriage and family therapist&quot; means an individual who has completed<br>the educational requirements for a marriage and family license and who has<br>successfully passed the licensing examination, but who has not yet successfully<br>completed the supervised work experience requirement for licensure as a marriage<br>and family therapist.3.&quot;Board&quot; means the North Dakota marriage and family therapy licensure board.4.&quot;Licensed marriage and family therapist&quot; means an individual who holds a valid<br>license issued under this chapter.5.&quot;Marriage and family therapy&quot; means the diagnosis and treatment of mental and<br>emotional disorders, whether cognitive, affective, or behavioral, within the context of<br>marriage and family systems. Marriage and family therapy involves the professional<br>application of psychotherapeutic and family systems theories and techniques in the<br>delivery of services to individuals, couples, and families for the purpose of treating<br>such diagnosed nervous and mental disorders.6.&quot;Practice of marriage and family therapy&quot; means the rendering of marriage and<br>family therapy services to individuals, couples, and families, singly or in groups,<br>whether the services are offered directly to the general public or through<br>organizations, either public or private, for a fee, monetary or otherwise.7.&quot;Qualified supervision&quot; means the supervision of clinical services, in accordance with<br>standards established by the board, by an individual who has been recognized by<br>the board as an approved supervisor.8.&quot;Recognized educational institution&quot; means any educational institution that grants a<br>master's or higher degree that is recognized by the board and by a regional<br>accrediting body, or a postgraduate training institute accredited by the commission<br>on accreditation for marriage and family therapy education.9.&quot;Use a title or description of&quot; means to hold oneself out to the public as having a<br>particular status by means of stating on signs, mailboxes, address plates, stationery,<br>announcements, calling cards, or other instruments of professional identification.43-53-02.Representation to the public.Effective January 1, 2006, except asspecifically provided otherwise under this chapter, only an individual licensed under this chapter<br>may use the title &quot;marriage and family therapist&quot; or the abbreviations &quot;MFT&quot;. A licensee shall<br>display prominently the licensee's license at the principal place of business of the licensee.43-53-03. Exemptions.1.An individual is exempt from the requirements of this chapter if:a.The individual is practicing marriage and family therapy as part of that<br>individual's duties as an employee of a recognized academic institution or aPage No. 1governmental institution or agency while performing those duties for which the<br>individual is employed by such a facility, institution, or agency.b.The individual is a marriage and family therapy intern or individual preparing for<br>the practice of marriage and family therapy under qualified supervision in a<br>training institution or facility or supervisory arrangement recognized and<br>approved by the board if:(1)The individual is a student in a master's program of marriage and family<br>therapy; and(2)The individual is designated by a title such as &quot;marriage and family<br>therapy intern&quot;, &quot;marriage therapy intern&quot;, &quot;family therapy intern&quot;, or other<br>title clearly indicating such training status.c.The individual is a member of the clergy of any religious denomination and<br>providing services within the scope of ministerial duties.d.The individual is a volunteer for or is employed by a nonprofit agency or<br>community organization and the individual does not hold out to the public that<br>the individual is a licensed marriage and family therapist.2.This chapter does not prevent any person licensed by the state from doing work<br>within the standards and scope of practice of that person's profession, including the<br>practice and advertising of marriage and family therapy services.43-53-04. Marriage and family therapist licensure board.1.The North Dakota marriage and family therapist licensure board consists of five<br>members. The governor shall appoint the board members to serve terms of four<br>years, except for those first appointed one member must continue in office for two<br>years, two for three years, and two, including the chairman, for four years.2.The governor shall appoint members of the board from among individuals who meet<br>the following qualifications:a.At least three members must be licensed practicing marriage and family<br>therapists; and each must have been for at least five years immediately<br>preceding appointment actively engaged as marriage and family therapists in<br>rendering professional services in marriage and family therapy; in the education<br>and training of master's, doctoral, or postdoctoral students of marriage and<br>family therapy; or in marriage and family therapy research. A member under<br>this subdivision must have spent the majority of the time devoted by that<br>member to such activity during the two years preceding appointment residing in<br>this state.b.At least one member must be a representative of the general public and may<br>not have any direct affiliation with the practice of marriage and family therapy or<br>another mental health profession.c.The initial appointees, with the exception of any representative of the general<br>public, are deemed to be and become licensed practicing marriage and family<br>therapists immediately upon appointment and qualification as members of the<br>board.3.The governor shall nominate a new member to fill a vacancy on the board within<br>thirty days of the vacancy.A member chosen to fill a board vacancy must beappointed for the unexpired term of the board member whom that member is<br>succeeding. Upon the expiration of a member's term of office, a board memberPage No. 2shall continue to serve until a successor is appointed. An individual may not be<br>appointed more than once to fill an unexpired term or appointed to more than two<br>consecutive full terms. A member may not serve as chairman for more than four<br>years. The appointment of any member of the board automatically terminates thirty<br>days after the date the member is no longer a resident of this state.4.The governor may remove any member of the board or the chairman from the<br>position as chairman for neglect of duty or malfeasance or conviction of a felony or<br>crime of moral turpitude while in office, but for no other reason. A member may not<br>be removed until after a hearing on the charges and at least thirty days' prior written<br>notice to such accused member of the charges and of the date fixed for such<br>hearing.5.A board member may not participate in any matter before the board in which that<br>member has a pecuniary interest, personal bias, or other similar conflict of interest.<br>A board member shall serve without compensation but is entitled to be reimbursed<br>for the member's actual and necessary expenses incurred in the performance of<br>official board business.43-53-05. Board powers and duties.1.The board shall administer and enforce this chapter. The board shall adopt rules as<br>the board determines necessary.2.The board shall examine and pass on the qualifications of all applicants and shall<br>issue a license to each successful applicant. The board shall adopt a seal which<br>must be affixed to all licenses issued by the board.3.The board may authorize expenditures determined necessary to carry out this<br>chapter.4.Three of the members of the board constitute a quorum. The board may employ<br>attorneys, accountants, experts, and other employees as necessary for the proper<br>performance of the board's duties.5.The board shall adopt a nationally recognized code of ethics for the practice of<br>marriage and family therapy.6.The board shall establish continuing education requirements for license renewal.7.The board shall publish an annual list of the names and addresses of all individuals<br>licensed under this chapter.43-53-06. Licenses.1.Each individual desiring to obtain a license as a practicing marriage and family<br>therapist shall submit an application to the board, upon such form and in such<br>manner as the board prescribes.An applicant shall furnish evidence that theapplicant:a.Is of good moral character;b.Has not engaged in any practice or conduct that would be a ground for<br>discipline under this chapter; andc.Is qualified for licensure pursuant to the requirements of this chapter.2.An individual who was actively practicing marriage and family therapy in this state<br>before January 1, 2008, and whose application is received by the board beforePage No. 3January 1, 2010, may be issued a license by the board if the applicant meets the<br>qualifications set forth in subdivisions a and b of subsection 1 and provides evidence<br>to the board that the applicant meets educational and experience qualifications as<br>follows:a.An appropriate graduate degree, as defined by the board, from a regionally<br>accredited institution so recognized at the time of granting such degree.b.At least five years of clinical experience in the practice of marriage and family<br>therapy, and membership or certification by an appropriate professional<br>organization, as defined by the board.3.An applicant may be issued a license by the board if the applicant meets the<br>qualifications set forth in subsection 1 and provides satisfactory evidence to the<br>board that the applicant:a.Holds a master's degree or a doctoral degree in marriage and family therapy<br>from a recognized educational institution, or a graduate degree in an allied field<br>from a recognized educational institution and graduate level coursework which<br>is equivalent to a master's degree in marriage and family therapy, as<br>determined by the board.b.Has successfully completed two calendar years of work experience in marriage<br>and family therapy under qualified supervision following receipt of a qualifying<br>degree.c.Has passed the examination administered or adopted by the board.4.An applicant may be issued an associate marriage and family therapist license by<br>the board if the applicant meets the qualifications set forth in subsection 1 and has<br>provided the board with satisfactory evidence that the applicant meets the<br>requirements in subdivisions a and c of subsection 3. Associate marriage and family<br>therapists must practice under the supervision of a board qualified supervisor and<br>must obey the same laws and rules as a marriage and family therapist.Anassociate marriage and family therapist license lasts for one year and may be<br>renewed for up to four additional years.5.The board may adopt rules concerning reinstatement of lapsed licenses, voluntary<br>termination, or emeritus status.6.The board may require an applicant for licensure or a licensee to submit to a<br>statewide and nationwide criminal history record check. The nationwide criminal<br>history record check must be conducted in the manner provided by section<br>12-60-24.All costs associated with obtaining a background check are theresponsibility of the applicant or licensee.43-53-07. Examination.1.The board shall conduct an examination at least once a year at a time and place<br>designated by the board. Examinations may be written or oral as determined by the<br>board. The board may create its own examination or adopt a nationally recognized<br>examination. In any written examination each applicant must be designated so that<br>the applicant's name is not disclosed to the board until the examination has been<br>graded. Examinations must include questions in such theoretical and applied fields<br>as the board determines most suitable to test an applicant's knowledge and<br>competence to engage in the practice of marriage and family therapy. An applicant<br>is deemed to have passed an examination upon affirmative vote of at least four<br>members of the board.Page No. 42.Any applicant who fails an examination conducted by the board may not be admitted<br>to a subsequent examination for a period of at least six months.43-53-08. License by endorsement. The board shall issue a license by examination ofcredentials to any applicant licensed or certified as a marriage and family therapist in another<br>state for which the requirements for the license or certificate are equivalent to or exceed the<br>requirements of this state, provided the applicant submits an application on forms prescribed by<br>the board and pays the original licensure fee prescribed by this chapter.43-53-09.Fees. A fee, as determined by the board, must be paid to the board fororiginal licensure. A fee may also be established for the licensure examination. A license is valid<br>for two years and must be renewed biennially, with the renewal fee being determined by the<br>board. The board may also establish a fee for a duplicate license. Any applicant for renewal of a<br>license that has expired must be required to pay a late fee determined by the board. The board<br>may also establish a fee for continuing education sponsors. The fees established under this<br>section must be adequate to establish and maintain the operation of the board. Payment of a<br>late fee is not a defense to a charge of practicing without a license.43-53-10. Disciplinary proceedings.1.The board may deny an application or institute a disciplinary proceeding concerning<br>a licensee on the following grounds:a.Conviction by a court of competent jurisdiction of an offense that the board<br>determines to be of such a nature as to render the licensee unfit to practice<br>marriage and family therapy. The board may compile, maintain, and publish a<br>list of such offenses.b.Violation of ethical standards of such a nature as to render the licensee unfit to<br>practice marriage and family therapy.The board shall publish such ethicalstandards.c.Fraud or misrepresentation in obtaining a license.d.Any just and sufficient cause that renders a licensee unfit to practice marriage<br>and family therapy.2.An applicant may be denied a license, and a licensee may be suspended or<br>revoked, placed on supervised or unsupervised probation, required to take corrective<br>action, attend continuing education, or fined up to two hundred dollars per violation<br>for the reasons set forth in subsection 1. A licensee may not be disciplined under<br>this section except by majority vote of the full board, notwithstanding any other<br>provision of this chapter.The board may also charge the licensee with itsreasonable expenses and reasonable attorney fees for any disciplinary matter<br>resulting in disciplinary action.3.Any person may file a complaint with the board seeking discipline of a licensee. The<br>complaint must be in a form prescribed by the board and must be verified under oath<br>by the complainant or a duly authorized officer of a complainant.If the boarddetermines that a complaint alleges facts that, if true, would require discipline of a<br>licensee, the board promptly shall institute a hearing. If the board determines a<br>complaint does not state facts warranting a hearing, the complaint may be<br>dismissed. The board may institute a hearing for discipline of a licensee on its own<br>motion.4.Any person may be permitted to intervene and participate in board hearings on<br>denial, suspension, or revocation of licenses upon a showing of an interest in such<br>proceeding.Page No. 55.Any individual who has been suspended or revoked may not apply to the board for<br>vacation of the suspension until the time specified in the board's order is complete or<br>for reinstatement of the license until one year after the board's order or such other<br>time as specified in the board's order is complete.43-53-11. Limitations of practice - Divorce proceedings.1.If both parties to a marriage have obtained marriage and family therapy by a<br>licensed marriage and family therapist, the therapist may not testify in a spousal<br>support or divorce action concerning information acquired in the course of the<br>therapeutic relationship. This subsection does not apply to custody actions.2.There is no monetary liability on the part of and no cause of action may arise against<br>any licensee in failing to warn of and protect from a patient's threatened violent<br>behavior or failing to predict and warn of and protect from a patient's violent behavior<br>except if the patient has communicated to the licensee a serious threat of physical<br>violence against a reasonably identifiable victim or victims.3.The duty to warn of or to take reasonable precautions to provide protection from<br>violent behavior arises only under the limited circumstances specified under<br>subsection 2. The duty is discharged by the licensee if reasonable efforts are made<br>to communicate the threat to the victim or victims and to a law enforcement agency.4.No monetary liability and no cause of action may arise under this chapter against<br>any licensee for confidences disclosed to third parties in an effort to discharge a duty<br>arising under subsection 2 according to subsection 3.43-53-12.Penalty.Any person who practices without a license in violation of thischapter is guilty of a class B misdemeanor.Page No. 6Document Outlinechapter 43-53 marriage and family therapy practice

State Codes and Statutes

Statutes > North-dakota > T43 > T43c53

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CHAPTER 43-53MARRIAGE AND FAMILY THERAPY PRACTICE43-53-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Advertise&quot; includes the issuing or causing to be distributed any card, sign, or device<br>to any person; the causing, permitting, or allowing any sign or marking in or on any<br>building, radio, or television; or advertising by any other means designed to secure<br>public attention.2.&quot;Associate marriage and family therapist&quot; means an individual who has completed<br>the educational requirements for a marriage and family license and who has<br>successfully passed the licensing examination, but who has not yet successfully<br>completed the supervised work experience requirement for licensure as a marriage<br>and family therapist.3.&quot;Board&quot; means the North Dakota marriage and family therapy licensure board.4.&quot;Licensed marriage and family therapist&quot; means an individual who holds a valid<br>license issued under this chapter.5.&quot;Marriage and family therapy&quot; means the diagnosis and treatment of mental and<br>emotional disorders, whether cognitive, affective, or behavioral, within the context of<br>marriage and family systems. Marriage and family therapy involves the professional<br>application of psychotherapeutic and family systems theories and techniques in the<br>delivery of services to individuals, couples, and families for the purpose of treating<br>such diagnosed nervous and mental disorders.6.&quot;Practice of marriage and family therapy&quot; means the rendering of marriage and<br>family therapy services to individuals, couples, and families, singly or in groups,<br>whether the services are offered directly to the general public or through<br>organizations, either public or private, for a fee, monetary or otherwise.7.&quot;Qualified supervision&quot; means the supervision of clinical services, in accordance with<br>standards established by the board, by an individual who has been recognized by<br>the board as an approved supervisor.8.&quot;Recognized educational institution&quot; means any educational institution that grants a<br>master's or higher degree that is recognized by the board and by a regional<br>accrediting body, or a postgraduate training institute accredited by the commission<br>on accreditation for marriage and family therapy education.9.&quot;Use a title or description of&quot; means to hold oneself out to the public as having a<br>particular status by means of stating on signs, mailboxes, address plates, stationery,<br>announcements, calling cards, or other instruments of professional identification.43-53-02.Representation to the public.Effective January 1, 2006, except asspecifically provided otherwise under this chapter, only an individual licensed under this chapter<br>may use the title &quot;marriage and family therapist&quot; or the abbreviations &quot;MFT&quot;. A licensee shall<br>display prominently the licensee's license at the principal place of business of the licensee.43-53-03. Exemptions.1.An individual is exempt from the requirements of this chapter if:a.The individual is practicing marriage and family therapy as part of that<br>individual's duties as an employee of a recognized academic institution or aPage No. 1governmental institution or agency while performing those duties for which the<br>individual is employed by such a facility, institution, or agency.b.The individual is a marriage and family therapy intern or individual preparing for<br>the practice of marriage and family therapy under qualified supervision in a<br>training institution or facility or supervisory arrangement recognized and<br>approved by the board if:(1)The individual is a student in a master's program of marriage and family<br>therapy; and(2)The individual is designated by a title such as &quot;marriage and family<br>therapy intern&quot;, &quot;marriage therapy intern&quot;, &quot;family therapy intern&quot;, or other<br>title clearly indicating such training status.c.The individual is a member of the clergy of any religious denomination and<br>providing services within the scope of ministerial duties.d.The individual is a volunteer for or is employed by a nonprofit agency or<br>community organization and the individual does not hold out to the public that<br>the individual is a licensed marriage and family therapist.2.This chapter does not prevent any person licensed by the state from doing work<br>within the standards and scope of practice of that person's profession, including the<br>practice and advertising of marriage and family therapy services.43-53-04. Marriage and family therapist licensure board.1.The North Dakota marriage and family therapist licensure board consists of five<br>members. The governor shall appoint the board members to serve terms of four<br>years, except for those first appointed one member must continue in office for two<br>years, two for three years, and two, including the chairman, for four years.2.The governor shall appoint members of the board from among individuals who meet<br>the following qualifications:a.At least three members must be licensed practicing marriage and family<br>therapists; and each must have been for at least five years immediately<br>preceding appointment actively engaged as marriage and family therapists in<br>rendering professional services in marriage and family therapy; in the education<br>and training of master's, doctoral, or postdoctoral students of marriage and<br>family therapy; or in marriage and family therapy research. A member under<br>this subdivision must have spent the majority of the time devoted by that<br>member to such activity during the two years preceding appointment residing in<br>this state.b.At least one member must be a representative of the general public and may<br>not have any direct affiliation with the practice of marriage and family therapy or<br>another mental health profession.c.The initial appointees, with the exception of any representative of the general<br>public, are deemed to be and become licensed practicing marriage and family<br>therapists immediately upon appointment and qualification as members of the<br>board.3.The governor shall nominate a new member to fill a vacancy on the board within<br>thirty days of the vacancy.A member chosen to fill a board vacancy must beappointed for the unexpired term of the board member whom that member is<br>succeeding. Upon the expiration of a member's term of office, a board memberPage No. 2shall continue to serve until a successor is appointed. An individual may not be<br>appointed more than once to fill an unexpired term or appointed to more than two<br>consecutive full terms. A member may not serve as chairman for more than four<br>years. The appointment of any member of the board automatically terminates thirty<br>days after the date the member is no longer a resident of this state.4.The governor may remove any member of the board or the chairman from the<br>position as chairman for neglect of duty or malfeasance or conviction of a felony or<br>crime of moral turpitude while in office, but for no other reason. A member may not<br>be removed until after a hearing on the charges and at least thirty days' prior written<br>notice to such accused member of the charges and of the date fixed for such<br>hearing.5.A board member may not participate in any matter before the board in which that<br>member has a pecuniary interest, personal bias, or other similar conflict of interest.<br>A board member shall serve without compensation but is entitled to be reimbursed<br>for the member's actual and necessary expenses incurred in the performance of<br>official board business.43-53-05. Board powers and duties.1.The board shall administer and enforce this chapter. The board shall adopt rules as<br>the board determines necessary.2.The board shall examine and pass on the qualifications of all applicants and shall<br>issue a license to each successful applicant. The board shall adopt a seal which<br>must be affixed to all licenses issued by the board.3.The board may authorize expenditures determined necessary to carry out this<br>chapter.4.Three of the members of the board constitute a quorum. The board may employ<br>attorneys, accountants, experts, and other employees as necessary for the proper<br>performance of the board's duties.5.The board shall adopt a nationally recognized code of ethics for the practice of<br>marriage and family therapy.6.The board shall establish continuing education requirements for license renewal.7.The board shall publish an annual list of the names and addresses of all individuals<br>licensed under this chapter.43-53-06. Licenses.1.Each individual desiring to obtain a license as a practicing marriage and family<br>therapist shall submit an application to the board, upon such form and in such<br>manner as the board prescribes.An applicant shall furnish evidence that theapplicant:a.Is of good moral character;b.Has not engaged in any practice or conduct that would be a ground for<br>discipline under this chapter; andc.Is qualified for licensure pursuant to the requirements of this chapter.2.An individual who was actively practicing marriage and family therapy in this state<br>before January 1, 2008, and whose application is received by the board beforePage No. 3January 1, 2010, may be issued a license by the board if the applicant meets the<br>qualifications set forth in subdivisions a and b of subsection 1 and provides evidence<br>to the board that the applicant meets educational and experience qualifications as<br>follows:a.An appropriate graduate degree, as defined by the board, from a regionally<br>accredited institution so recognized at the time of granting such degree.b.At least five years of clinical experience in the practice of marriage and family<br>therapy, and membership or certification by an appropriate professional<br>organization, as defined by the board.3.An applicant may be issued a license by the board if the applicant meets the<br>qualifications set forth in subsection 1 and provides satisfactory evidence to the<br>board that the applicant:a.Holds a master's degree or a doctoral degree in marriage and family therapy<br>from a recognized educational institution, or a graduate degree in an allied field<br>from a recognized educational institution and graduate level coursework which<br>is equivalent to a master's degree in marriage and family therapy, as<br>determined by the board.b.Has successfully completed two calendar years of work experience in marriage<br>and family therapy under qualified supervision following receipt of a qualifying<br>degree.c.Has passed the examination administered or adopted by the board.4.An applicant may be issued an associate marriage and family therapist license by<br>the board if the applicant meets the qualifications set forth in subsection 1 and has<br>provided the board with satisfactory evidence that the applicant meets the<br>requirements in subdivisions a and c of subsection 3. Associate marriage and family<br>therapists must practice under the supervision of a board qualified supervisor and<br>must obey the same laws and rules as a marriage and family therapist.Anassociate marriage and family therapist license lasts for one year and may be<br>renewed for up to four additional years.5.The board may adopt rules concerning reinstatement of lapsed licenses, voluntary<br>termination, or emeritus status.6.The board may require an applicant for licensure or a licensee to submit to a<br>statewide and nationwide criminal history record check. The nationwide criminal<br>history record check must be conducted in the manner provided by section<br>12-60-24.All costs associated with obtaining a background check are theresponsibility of the applicant or licensee.43-53-07. Examination.1.The board shall conduct an examination at least once a year at a time and place<br>designated by the board. Examinations may be written or oral as determined by the<br>board. The board may create its own examination or adopt a nationally recognized<br>examination. In any written examination each applicant must be designated so that<br>the applicant's name is not disclosed to the board until the examination has been<br>graded. Examinations must include questions in such theoretical and applied fields<br>as the board determines most suitable to test an applicant's knowledge and<br>competence to engage in the practice of marriage and family therapy. An applicant<br>is deemed to have passed an examination upon affirmative vote of at least four<br>members of the board.Page No. 42.Any applicant who fails an examination conducted by the board may not be admitted<br>to a subsequent examination for a period of at least six months.43-53-08. License by endorsement. The board shall issue a license by examination ofcredentials to any applicant licensed or certified as a marriage and family therapist in another<br>state for which the requirements for the license or certificate are equivalent to or exceed the<br>requirements of this state, provided the applicant submits an application on forms prescribed by<br>the board and pays the original licensure fee prescribed by this chapter.43-53-09.Fees. A fee, as determined by the board, must be paid to the board fororiginal licensure. A fee may also be established for the licensure examination. A license is valid<br>for two years and must be renewed biennially, with the renewal fee being determined by the<br>board. The board may also establish a fee for a duplicate license. Any applicant for renewal of a<br>license that has expired must be required to pay a late fee determined by the board. The board<br>may also establish a fee for continuing education sponsors. The fees established under this<br>section must be adequate to establish and maintain the operation of the board. Payment of a<br>late fee is not a defense to a charge of practicing without a license.43-53-10. Disciplinary proceedings.1.The board may deny an application or institute a disciplinary proceeding concerning<br>a licensee on the following grounds:a.Conviction by a court of competent jurisdiction of an offense that the board<br>determines to be of such a nature as to render the licensee unfit to practice<br>marriage and family therapy. The board may compile, maintain, and publish a<br>list of such offenses.b.Violation of ethical standards of such a nature as to render the licensee unfit to<br>practice marriage and family therapy.The board shall publish such ethicalstandards.c.Fraud or misrepresentation in obtaining a license.d.Any just and sufficient cause that renders a licensee unfit to practice marriage<br>and family therapy.2.An applicant may be denied a license, and a licensee may be suspended or<br>revoked, placed on supervised or unsupervised probation, required to take corrective<br>action, attend continuing education, or fined up to two hundred dollars per violation<br>for the reasons set forth in subsection 1. A licensee may not be disciplined under<br>this section except by majority vote of the full board, notwithstanding any other<br>provision of this chapter.The board may also charge the licensee with itsreasonable expenses and reasonable attorney fees for any disciplinary matter<br>resulting in disciplinary action.3.Any person may file a complaint with the board seeking discipline of a licensee. The<br>complaint must be in a form prescribed by the board and must be verified under oath<br>by the complainant or a duly authorized officer of a complainant.If the boarddetermines that a complaint alleges facts that, if true, would require discipline of a<br>licensee, the board promptly shall institute a hearing. If the board determines a<br>complaint does not state facts warranting a hearing, the complaint may be<br>dismissed. The board may institute a hearing for discipline of a licensee on its own<br>motion.4.Any person may be permitted to intervene and participate in board hearings on<br>denial, suspension, or revocation of licenses upon a showing of an interest in such<br>proceeding.Page No. 55.Any individual who has been suspended or revoked may not apply to the board for<br>vacation of the suspension until the time specified in the board's order is complete or<br>for reinstatement of the license until one year after the board's order or such other<br>time as specified in the board's order is complete.43-53-11. Limitations of practice - Divorce proceedings.1.If both parties to a marriage have obtained marriage and family therapy by a<br>licensed marriage and family therapist, the therapist may not testify in a spousal<br>support or divorce action concerning information acquired in the course of the<br>therapeutic relationship. This subsection does not apply to custody actions.2.There is no monetary liability on the part of and no cause of action may arise against<br>any licensee in failing to warn of and protect from a patient's threatened violent<br>behavior or failing to predict and warn of and protect from a patient's violent behavior<br>except if the patient has communicated to the licensee a serious threat of physical<br>violence against a reasonably identifiable victim or victims.3.The duty to warn of or to take reasonable precautions to provide protection from<br>violent behavior arises only under the limited circumstances specified under<br>subsection 2. The duty is discharged by the licensee if reasonable efforts are made<br>to communicate the threat to the victim or victims and to a law enforcement agency.4.No monetary liability and no cause of action may arise under this chapter against<br>any licensee for confidences disclosed to third parties in an effort to discharge a duty<br>arising under subsection 2 according to subsection 3.43-53-12.Penalty.Any person who practices without a license in violation of thischapter is guilty of a class B misdemeanor.Page No. 6Document Outlinechapter 43-53 marriage and family therapy practice

State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T43 > T43c53

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CHAPTER 43-53MARRIAGE AND FAMILY THERAPY PRACTICE43-53-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Advertise&quot; includes the issuing or causing to be distributed any card, sign, or device<br>to any person; the causing, permitting, or allowing any sign or marking in or on any<br>building, radio, or television; or advertising by any other means designed to secure<br>public attention.2.&quot;Associate marriage and family therapist&quot; means an individual who has completed<br>the educational requirements for a marriage and family license and who has<br>successfully passed the licensing examination, but who has not yet successfully<br>completed the supervised work experience requirement for licensure as a marriage<br>and family therapist.3.&quot;Board&quot; means the North Dakota marriage and family therapy licensure board.4.&quot;Licensed marriage and family therapist&quot; means an individual who holds a valid<br>license issued under this chapter.5.&quot;Marriage and family therapy&quot; means the diagnosis and treatment of mental and<br>emotional disorders, whether cognitive, affective, or behavioral, within the context of<br>marriage and family systems. Marriage and family therapy involves the professional<br>application of psychotherapeutic and family systems theories and techniques in the<br>delivery of services to individuals, couples, and families for the purpose of treating<br>such diagnosed nervous and mental disorders.6.&quot;Practice of marriage and family therapy&quot; means the rendering of marriage and<br>family therapy services to individuals, couples, and families, singly or in groups,<br>whether the services are offered directly to the general public or through<br>organizations, either public or private, for a fee, monetary or otherwise.7.&quot;Qualified supervision&quot; means the supervision of clinical services, in accordance with<br>standards established by the board, by an individual who has been recognized by<br>the board as an approved supervisor.8.&quot;Recognized educational institution&quot; means any educational institution that grants a<br>master's or higher degree that is recognized by the board and by a regional<br>accrediting body, or a postgraduate training institute accredited by the commission<br>on accreditation for marriage and family therapy education.9.&quot;Use a title or description of&quot; means to hold oneself out to the public as having a<br>particular status by means of stating on signs, mailboxes, address plates, stationery,<br>announcements, calling cards, or other instruments of professional identification.43-53-02.Representation to the public.Effective January 1, 2006, except asspecifically provided otherwise under this chapter, only an individual licensed under this chapter<br>may use the title &quot;marriage and family therapist&quot; or the abbreviations &quot;MFT&quot;. A licensee shall<br>display prominently the licensee's license at the principal place of business of the licensee.43-53-03. Exemptions.1.An individual is exempt from the requirements of this chapter if:a.The individual is practicing marriage and family therapy as part of that<br>individual's duties as an employee of a recognized academic institution or aPage No. 1governmental institution or agency while performing those duties for which the<br>individual is employed by such a facility, institution, or agency.b.The individual is a marriage and family therapy intern or individual preparing for<br>the practice of marriage and family therapy under qualified supervision in a<br>training institution or facility or supervisory arrangement recognized and<br>approved by the board if:(1)The individual is a student in a master's program of marriage and family<br>therapy; and(2)The individual is designated by a title such as &quot;marriage and family<br>therapy intern&quot;, &quot;marriage therapy intern&quot;, &quot;family therapy intern&quot;, or other<br>title clearly indicating such training status.c.The individual is a member of the clergy of any religious denomination and<br>providing services within the scope of ministerial duties.d.The individual is a volunteer for or is employed by a nonprofit agency or<br>community organization and the individual does not hold out to the public that<br>the individual is a licensed marriage and family therapist.2.This chapter does not prevent any person licensed by the state from doing work<br>within the standards and scope of practice of that person's profession, including the<br>practice and advertising of marriage and family therapy services.43-53-04. Marriage and family therapist licensure board.1.The North Dakota marriage and family therapist licensure board consists of five<br>members. The governor shall appoint the board members to serve terms of four<br>years, except for those first appointed one member must continue in office for two<br>years, two for three years, and two, including the chairman, for four years.2.The governor shall appoint members of the board from among individuals who meet<br>the following qualifications:a.At least three members must be licensed practicing marriage and family<br>therapists; and each must have been for at least five years immediately<br>preceding appointment actively engaged as marriage and family therapists in<br>rendering professional services in marriage and family therapy; in the education<br>and training of master's, doctoral, or postdoctoral students of marriage and<br>family therapy; or in marriage and family therapy research. A member under<br>this subdivision must have spent the majority of the time devoted by that<br>member to such activity during the two years preceding appointment residing in<br>this state.b.At least one member must be a representative of the general public and may<br>not have any direct affiliation with the practice of marriage and family therapy or<br>another mental health profession.c.The initial appointees, with the exception of any representative of the general<br>public, are deemed to be and become licensed practicing marriage and family<br>therapists immediately upon appointment and qualification as members of the<br>board.3.The governor shall nominate a new member to fill a vacancy on the board within<br>thirty days of the vacancy.A member chosen to fill a board vacancy must beappointed for the unexpired term of the board member whom that member is<br>succeeding. Upon the expiration of a member's term of office, a board memberPage No. 2shall continue to serve until a successor is appointed. An individual may not be<br>appointed more than once to fill an unexpired term or appointed to more than two<br>consecutive full terms. A member may not serve as chairman for more than four<br>years. The appointment of any member of the board automatically terminates thirty<br>days after the date the member is no longer a resident of this state.4.The governor may remove any member of the board or the chairman from the<br>position as chairman for neglect of duty or malfeasance or conviction of a felony or<br>crime of moral turpitude while in office, but for no other reason. A member may not<br>be removed until after a hearing on the charges and at least thirty days' prior written<br>notice to such accused member of the charges and of the date fixed for such<br>hearing.5.A board member may not participate in any matter before the board in which that<br>member has a pecuniary interest, personal bias, or other similar conflict of interest.<br>A board member shall serve without compensation but is entitled to be reimbursed<br>for the member's actual and necessary expenses incurred in the performance of<br>official board business.43-53-05. Board powers and duties.1.The board shall administer and enforce this chapter. The board shall adopt rules as<br>the board determines necessary.2.The board shall examine and pass on the qualifications of all applicants and shall<br>issue a license to each successful applicant. The board shall adopt a seal which<br>must be affixed to all licenses issued by the board.3.The board may authorize expenditures determined necessary to carry out this<br>chapter.4.Three of the members of the board constitute a quorum. The board may employ<br>attorneys, accountants, experts, and other employees as necessary for the proper<br>performance of the board's duties.5.The board shall adopt a nationally recognized code of ethics for the practice of<br>marriage and family therapy.6.The board shall establish continuing education requirements for license renewal.7.The board shall publish an annual list of the names and addresses of all individuals<br>licensed under this chapter.43-53-06. Licenses.1.Each individual desiring to obtain a license as a practicing marriage and family<br>therapist shall submit an application to the board, upon such form and in such<br>manner as the board prescribes.An applicant shall furnish evidence that theapplicant:a.Is of good moral character;b.Has not engaged in any practice or conduct that would be a ground for<br>discipline under this chapter; andc.Is qualified for licensure pursuant to the requirements of this chapter.2.An individual who was actively practicing marriage and family therapy in this state<br>before January 1, 2008, and whose application is received by the board beforePage No. 3January 1, 2010, may be issued a license by the board if the applicant meets the<br>qualifications set forth in subdivisions a and b of subsection 1 and provides evidence<br>to the board that the applicant meets educational and experience qualifications as<br>follows:a.An appropriate graduate degree, as defined by the board, from a regionally<br>accredited institution so recognized at the time of granting such degree.b.At least five years of clinical experience in the practice of marriage and family<br>therapy, and membership or certification by an appropriate professional<br>organization, as defined by the board.3.An applicant may be issued a license by the board if the applicant meets the<br>qualifications set forth in subsection 1 and provides satisfactory evidence to the<br>board that the applicant:a.Holds a master's degree or a doctoral degree in marriage and family therapy<br>from a recognized educational institution, or a graduate degree in an allied field<br>from a recognized educational institution and graduate level coursework which<br>is equivalent to a master's degree in marriage and family therapy, as<br>determined by the board.b.Has successfully completed two calendar years of work experience in marriage<br>and family therapy under qualified supervision following receipt of a qualifying<br>degree.c.Has passed the examination administered or adopted by the board.4.An applicant may be issued an associate marriage and family therapist license by<br>the board if the applicant meets the qualifications set forth in subsection 1 and has<br>provided the board with satisfactory evidence that the applicant meets the<br>requirements in subdivisions a and c of subsection 3. Associate marriage and family<br>therapists must practice under the supervision of a board qualified supervisor and<br>must obey the same laws and rules as a marriage and family therapist.Anassociate marriage and family therapist license lasts for one year and may be<br>renewed for up to four additional years.5.The board may adopt rules concerning reinstatement of lapsed licenses, voluntary<br>termination, or emeritus status.6.The board may require an applicant for licensure or a licensee to submit to a<br>statewide and nationwide criminal history record check. The nationwide criminal<br>history record check must be conducted in the manner provided by section<br>12-60-24.All costs associated with obtaining a background check are theresponsibility of the applicant or licensee.43-53-07. Examination.1.The board shall conduct an examination at least once a year at a time and place<br>designated by the board. Examinations may be written or oral as determined by the<br>board. The board may create its own examination or adopt a nationally recognized<br>examination. In any written examination each applicant must be designated so that<br>the applicant's name is not disclosed to the board until the examination has been<br>graded. Examinations must include questions in such theoretical and applied fields<br>as the board determines most suitable to test an applicant's knowledge and<br>competence to engage in the practice of marriage and family therapy. An applicant<br>is deemed to have passed an examination upon affirmative vote of at least four<br>members of the board.Page No. 42.Any applicant who fails an examination conducted by the board may not be admitted<br>to a subsequent examination for a period of at least six months.43-53-08. License by endorsement. The board shall issue a license by examination ofcredentials to any applicant licensed or certified as a marriage and family therapist in another<br>state for which the requirements for the license or certificate are equivalent to or exceed the<br>requirements of this state, provided the applicant submits an application on forms prescribed by<br>the board and pays the original licensure fee prescribed by this chapter.43-53-09.Fees. A fee, as determined by the board, must be paid to the board fororiginal licensure. A fee may also be established for the licensure examination. A license is valid<br>for two years and must be renewed biennially, with the renewal fee being determined by the<br>board. The board may also establish a fee for a duplicate license. Any applicant for renewal of a<br>license that has expired must be required to pay a late fee determined by the board. The board<br>may also establish a fee for continuing education sponsors. The fees established under this<br>section must be adequate to establish and maintain the operation of the board. Payment of a<br>late fee is not a defense to a charge of practicing without a license.43-53-10. Disciplinary proceedings.1.The board may deny an application or institute a disciplinary proceeding concerning<br>a licensee on the following grounds:a.Conviction by a court of competent jurisdiction of an offense that the board<br>determines to be of such a nature as to render the licensee unfit to practice<br>marriage and family therapy. The board may compile, maintain, and publish a<br>list of such offenses.b.Violation of ethical standards of such a nature as to render the licensee unfit to<br>practice marriage and family therapy.The board shall publish such ethicalstandards.c.Fraud or misrepresentation in obtaining a license.d.Any just and sufficient cause that renders a licensee unfit to practice marriage<br>and family therapy.2.An applicant may be denied a license, and a licensee may be suspended or<br>revoked, placed on supervised or unsupervised probation, required to take corrective<br>action, attend continuing education, or fined up to two hundred dollars per violation<br>for the reasons set forth in subsection 1. A licensee may not be disciplined under<br>this section except by majority vote of the full board, notwithstanding any other<br>provision of this chapter.The board may also charge the licensee with itsreasonable expenses and reasonable attorney fees for any disciplinary matter<br>resulting in disciplinary action.3.Any person may file a complaint with the board seeking discipline of a licensee. The<br>complaint must be in a form prescribed by the board and must be verified under oath<br>by the complainant or a duly authorized officer of a complainant.If the boarddetermines that a complaint alleges facts that, if true, would require discipline of a<br>licensee, the board promptly shall institute a hearing. If the board determines a<br>complaint does not state facts warranting a hearing, the complaint may be<br>dismissed. The board may institute a hearing for discipline of a licensee on its own<br>motion.4.Any person may be permitted to intervene and participate in board hearings on<br>denial, suspension, or revocation of licenses upon a showing of an interest in such<br>proceeding.Page No. 55.Any individual who has been suspended or revoked may not apply to the board for<br>vacation of the suspension until the time specified in the board's order is complete or<br>for reinstatement of the license until one year after the board's order or such other<br>time as specified in the board's order is complete.43-53-11. Limitations of practice - Divorce proceedings.1.If both parties to a marriage have obtained marriage and family therapy by a<br>licensed marriage and family therapist, the therapist may not testify in a spousal<br>support or divorce action concerning information acquired in the course of the<br>therapeutic relationship. This subsection does not apply to custody actions.2.There is no monetary liability on the part of and no cause of action may arise against<br>any licensee in failing to warn of and protect from a patient's threatened violent<br>behavior or failing to predict and warn of and protect from a patient's violent behavior<br>except if the patient has communicated to the licensee a serious threat of physical<br>violence against a reasonably identifiable victim or victims.3.The duty to warn of or to take reasonable precautions to provide protection from<br>violent behavior arises only under the limited circumstances specified under<br>subsection 2. The duty is discharged by the licensee if reasonable efforts are made<br>to communicate the threat to the victim or victims and to a law enforcement agency.4.No monetary liability and no cause of action may arise under this chapter against<br>any licensee for confidences disclosed to third parties in an effort to discharge a duty<br>arising under subsection 2 according to subsection 3.43-53-12.Penalty.Any person who practices without a license in violation of thischapter is guilty of a class B misdemeanor.Page No. 6Document Outlinechapter 43-53 marriage and family therapy practice