Current through Register Vol. 42, No. 5, February 29, 2024
The Board may deny, revoke, or suspend a license granted
pursuant to the Marriage and Family Therapy Act on any of the following
grounds:
(1) Conviction of a crime
which the Board determines to be of a nature as to render the person convicted
unfit to practice marriage and family therapy. The Board shall compile,
maintain, and publish a list of the crimes.
(2) Violation of ethical standards of a
nature as to render the person found by the board to be unfit to practice
marriage and family therapy. The Board shall publish and maintain the ethical
standards. Either as an alternative to, or as an additional disciplinary
action, the Board may levy an administrative fine of up to five hundred dollars
($500) for an ethical violation.
(3) Fraud or misrepresentation in obtaining a
license.
(4) Other just and
sufficient cause which renders a person unfit to practice marriage and family
therapy, such as, but not limited to the following:
(a) Violations of rules, regulations, and
standards set forth by the Board.
(b) Violations of the ethical standards for
marriage and family therapists.
(c)
Professional incompetency.
(d)
Knowingly making misleading, deceptive, untrue or fraudulent representations in
the practice of the profession or engaging in unethical conduct or practice
harmful or detrimental to the public. Proof of actual injury need not be
established.
(e) Habitual
intoxication or addiction to the use of drugs.
(f) Conviction of a felony related to the
profession or occupation of the licensee or the conviction of any felony that
would affect the licensee's ability to practice within a profession. A copy of
the record of conviction or plea of guilty shall be conclusive
evidence.
(g) Fraud in
representations as to skill or ability.
(h) Use of untruthful or improbable
statements in advertisements.
(i)
Willful or repeated violations of the provisions of the Marriage and Family
Therapy Licensure Act and the Rules and Regulations of the Alabama Board of
Examiners in Marriage and Family Therapy.
(j) Personal disqualifications:
1. Mental or physical inability reasonably
related to and adversely affecting the licensee's ability to practice in a safe
and competent manner.
2.
Involuntary commitment for treatment of mental illness, drug addiction or
alcoholism.
(k) Holding
oneself out as a licensee when the license has expired, been suspended or
revoked or no license has been granted.
(l) Revocation, suspension, or other
disciplinary action taken by a mental health licensing authority of any state,
territory, or country; or failure by the licensee to report in writing to the
Board a revocation, suspension, or other disciplinary action taken by a mental
health licensing authority of any sate, territory, or county.
(m) Negligence by the licensee in the
practice of the profession, which is a failure to exercise due care including
negligent delegation to or supervision of employees or other individuals,
whether or not injury results; or any conduct, practice or conditions which
impair the ability to safely and skillfully practice the profession.
(n) Prohibited acts consisting of the
following:
1. Permitting another person to use
the license for any purpose.
2.
Practice outside the scope of the license.
3. Obtaining, possession, or attempting to
obtain or possess a controlled substance without lawful authority; or selling,
prescribing, giving away, or administering controlled substances.
4. Verbally or physically abusing
clients.
5. Any sexual intimidation
or sexual relationship between a licensee and a client.
(o) Unethical business practices, consisting
of any of the following:
1. False or
misleading advertising.
2. Betrayal
of a professional confidence.
3.
Falsifying client's records.
(p) Failure to report to the Board a change
of name or address within sixty (60 days after it occurs.
(q) Failure to comply with a subpoena issued
by the Board, or to otherwise fail to cooperate with an investigation conducted
by the Board.
Author: The Alabama Board of Examiners in Marriage
and Family Therapy
Chapter 536-X-6 was renumbered to Chapter 536-X-7 as per
certification filed July 10, 2006; effective August 14,
2006.
