SB 313 - This act creates licensing requirements for marital and family therapists, and creates the State Committee for Family and Marital Therapists.

A written application for licensure is required, showing the applicant's education, experience, and other relevant information. A fee must accompany the application. Applicants for a marital and family therapist license must: have a master's or doctoral degree in marital and family therapy, have twenty- four months of postgraduate clinical experience, pass an examination, be at least eighteen years old, be of good moral character, be a U.S. citizen or legal alien, and have no felony convictions within ten years of applying.

Certain persons do not have to be licensed: a person licensed to practice other occupations which provide similar services, a marital and family therapist employed with the state of Missouri, and ordained members of the clergy.

For a period of six months beginning September 1, 1995, persons meeting certain qualifications may apply for a license without taking an exam or meeting academic requirements. These requirements are: a Missouri resident for the last six months; holding a marital and therapy license from another state, or being a clinical member of the American Association of Marriage and Family Therapy in good standing, or having been continuously engaged in marital and family therapy practice since March 1, 1995. After March 1, 1996, the educational and exam requirements take effect.

The Division may refuse to issue or renew a license for: use of controlled substances; use of an alcoholic beverage to the extent that it impairs the person's ability to practice as a marital and family therapist, unless the person has undergone certain alcohol treatment; a final conviction reasonable related to marital and family therapy, or for an offense involving fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude; obtaining or attempting to obtain compensation by fraud, deception or misrepresentation; incompetency, misconduct, fraud, misrepresentation, or dishonesty in the performance of marital and family therapy; violating or assisting in the violation of licensing rules; impersonation of a licensed martial and family therapist or allowing any person to use any license or diploma; revocation or suspension of a similar license in another state, territory, federal agency or country; final adjudication as incapacitated; assisting an unlicensed person in the practice of martial and family therapy; obtaining a license on a material mistake of fact; failure to display valid license if such a rule is promulgated; violation of professional trust or confidence; use of false, misleading, or deceptive advertising; guilty of unethical conduct as adopted by committee and filed with the Secretary of State.

Anyone who in good faith reports a possible ground for refusing a license shall not be subject to civil liability for damages. After the filing of a complaint, proceedings shall be conducted, and if grounds for disciplinary action are met, the Division may censure or place the person on probation for up to five years, suspend the license for up to three years, or revoke the license.

The Missouri Department of Economic Development may sue on behalf of the Division in this state. The Attorney General may request an injunction, restraining or other appropriate order on behalf of the Division, to enjoin a person from practicing without a license, or from practicing with a license when it is shown that the person presents a substantial probability of harm to the health, safety or welfare of any state resident, client, or patient of that person.

A person licensed as a marital and family therapist may not disclose any information acquired from professional consultation except: with the client's written consent, or the personal representative or beneficiary of the deceased or disabled client; information pertaining to a criminal act; a client under eighteen years who is a victim of a crime; when the client brings charges against the licensee; when the licensee is called to testify regarding adoption, adult or child abuse, child neglect or other matters in court or an administrative hearing; when the licensee collaborates or consults with other professional colleagues or administrative superior of the client.

The State Committee of Marital and Family Therapists shall consist of four family and marital therapists and to voting public members, all of whom shall be appointed by the Governor with the advice and consent of the Senate. Committee members shall serve without compensation, but are entitled to reimbursement for necessary and actual expenses arising out of their duties. Committee members shall serve a term of five years, except for the first committee, in which members have terms of five, four and three years. No more than three members can be from the same political party, the members shall represent a diversity in gender, race and ethnicity, and no member can be appointed who already has served ten years. Certain other requirements are established for nonpublic and public committee members. The Governor may remove any committee member for misconduct, inefficiency, incompetency or neglect of office.

Standard rulemaking language is included.

Violation of this act is a Class B misdemeanor.
MARGARET TOALSON