|
of salary and
allowing retirement credit until January 6, 1975. This conclusion is
consistent with the general rule that compensation for official services
depends en- tirely upon the law and that statutes relating to such
compensation are strictly construed in favor of the government. County
of San Diego v. Milotz, supra, 46 Cal. 2d 761, 767; County of Marin v.
Messner, 44 Cal. App. 2d 577, 585 (1941); Markman v. County of Los
Angeles, 35 Cal. App. 3d 132, 134 (1973).
Actual eligibility
for retirement on December 2, 1974, is unchanged by section 25,
article-XX. See § 9.359. Although the constitutional provision
authorizes com. .pensation for the full term to which the person was
elected, it does not alter the fact that the actual date of retirement
is December 2, 1974. Thus, the legislator who is eligible to receive his
retirement allowance on December 2, 1974, may receive. that allowance
based upon the cost-of-living factor specified in Section 9359.18 for
those who retire in 1973 or 1974. Such a conclusion recognizes that to
the extent consistent with the legislative objective, the pension laws
are to be construed liberally in favor of the employee. Adams v. City of
Modesto, 53 Cal- 2d 933 (1960); 38 Ops. Cal. Atty. Gen. 201, 202 (1961);
29 Ops. Cal. Arty. Gen. 173,174 (1957).
Opinion No. CV 74-37-March 24,1975
SUBJECT:
USE OF PSYCHOTHERAPY IN MARRIAGE, FAMILY AND CHILD COUNSELING-The extent
to which licensed marriage, family and child counselors may practice
psychotherapy is through the use of "applied psychotherapeutic
techniques" to "diagnose and treat a mental disorder" directly related
to a marriage, family or child counseling problem. Such counselors may
not use "psychotherapy," "psychotherapeutic services," or other terms of
similar import in advertisements.
Requested
by: EXECUTIVE SECRETARY, BOARD OF BEHAVIORAL SCI- ENCE
EXAMINERS
Opinion by:
EVELLE J-. YOUNGER, Attorney General
Barbara
T. King, Deputy
June Gabbard,
Executive Secretary of the Board of Behavioral Science Examiners, has
requested an opinion on the following subject:
In light of the
fact that section 17800.2 of the Business and Professions
Code1 as added by Statutes 1970, Chapter 1310, expressly
includes the use of "applied psychotherapeutic techniques" as being
within the practice of marriage, family and child counseling,. it is
requested that' the conclusions reached in 47 Opinions California
Attorney General 204 (1966) and 49 Opinions California Attorney General
104 (1967) be reviewed with reference to the following
questions:
MARCH 19751
ATTORNEY GENERAL'S OPINIONS 187
To what extent may
licensed marriage, family and child counselors practice
psychotherapy?
May licensed
marriage, family and child counselors diagnose and treat a mental
disorder directly related to a marriage, family or child counseling
program through the use of psychoterapeutic techniques?
May licensed
marrage, family and child counselors use "psychotherapy,"
"psychotherapeutic services," or terms of similar import in
advertisements?
The conclusions
are:
The extent to
which licensed marriage, family and child counselors may practice
"psychotherapy" is strictly limited by section 17800.2. Pursuant to this
section, they may use "applied psychotherapeutic techniques" and hence
practice "psychotherapy." However, the use of such "applied
psychotherapeutic techniques@' is limited to the practice of marriage,
family and child counseling, as defined by section 17800.2.
Licensed marriage,
family and child counselors may "diagnose and treat a mental disorder"
directly related to a marriage, family or child counseling problem
through the use of "applied psychotherapeutic techniques." However, said
diagnosis -and treatment are subject to the same conditions and
limitations set forth above for the use of "applied psycho therapeutic
techniques."
Licensed marriage,
family and child counselors are prohibited from using the terms
"psychotherapy;' "psychotherapeutic service," or terms of similar import
in advertisements.
ANALYSIS
An analysis of the
questions posed here requires consideration not only of the Marriage,
Family and Child Counselors' Licensing Law (§§ 17800-17848),
but of the Psychology Licensing Law (§§2900-2996.6) and the
Medical Practice Act (§§ 2000-2522). We begin our analysis
with a review of the pertinent provisions of the Medical Practice Act.
Pursuant to section 2141:
"Any
person, who practices or attempts to practice, or who advertises or
holds himself out as practicing, any system or mode of treating the sick
or afflicted in this state, or who diagnoses, treats, operates for, or
prescribes for any ailment, blemish, deformity, disease, disfigurement,
disorder, in- jury, or other mental or physical condition of any.
person, without having -at the time of so doing a valid, unrevoked
certificate as provided in this chapter, or without being authorized to
perform such act pursuant to a certificate obtained in accordance with
some other provision of law, is guilty of a misdemeanor." (Emphasis
added.)
Following the
enactment of the Medical Practice Act, other categories of health
personnel sought recognition through licensure. Legal recognition of
these new categories made it necessary to carve out limited exceptions
to the broad Medical Practice Act.2 However, the scope of
these exceptions were strictly limited to their statutory definition.
§ 2141. Consequently, under the present licensure system, the
physician has a virtually unlimited license to engage in the broad scope
of the practice of medicine (§ 2137)3 while other
licensed health personnel, such as psychologists and marriage, family
and child counselors4 have limited licenses to perform tasks
previously within the exclusive province of the physician.
As enacted, the
Psychology, Certification Act concerned itself primarily with
prohibiting persons- from representing or implying that they were
"psychologists," as defined in section 2903, without first being
properly certified. § 2933.5, 2935, and 2940-295 1. See also Benor
v. Board of Medical Examiners, 8 Cal. App. 3d 542, 543-544 (1970). The
Act was subsequently repeated and the current Psychology Licensing Law
enacted effective November 8, 1967. Sections 2902, 2903, and
29085 currently provide in pertinent part as
follows:
SECTION 2902
(c) A person
represents himself to be a psychologist when he holds himself out to the
public by any title or description of services incorporating the words
'psychology,' 'psychological: 'psychologist,' 'psychometry,'
Ipsychometrics7 or 'psychornetrist,' 'psychotherapy/ 'psychotherapist,'
'psychoanalysis,' 'psychoanalyst,' or when he holds himself our to be
trained, experienced or an expert in the field of psychology." (Emphasis
added.)
SECTION 2903
"No person may
engage in the practice of psychology, or represent himself to be a
psychologist, without a license granted under this chapter, except as
otherwise provided in this chapter. The practice of psychology is
defined as rendering or offering to render for a fee to individuals,
groups, organizations or the public any psychological service involving
the application of psychological principles, methods, and procedures of
under- standing, predicting, and. influencing behavior, such as the
principles pertaining to learning, perception, motivation, emotions, and
interpersonal relationships; and the methods and procedures of
interviewing, counseling, psychotherapy, behavior modification, and
hypnosis; and of constructing, administering, and interpreting tests of
mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, and motivations.
"The application
of such principles and methods includes, but is not restricted to:
diagnosis, prevention, treatment, and amelioration of psychological
problems and emotional and mental disorders of individuals and
groups.
"Psychotherapy
within the meaning of this chapter means the use of psychological
methods in a professional relationship to assist a person or persons to
acquire greater human effectiveness or to modify feelings, conditions,
attitudes, and behavior which are emotionally, intellectually, or
socially ineffectual or maladjustive." (Emphasis added.)
SECTION 2908
"Nothing in this chapter shall be construed to prevent qualified members
of other recognized professional groups licensed to practice in the
State of California, such as, but not limited to, physicians, clinical
social workers, educational psychologists, marriage, family and child
counselors . . .from doing-work of a psychological nature consistent
with the laws governing their respective professions, provided they do
not hold them- selves out to the public by any title or description of
services incorporating the words 'psychological,' 'psychologist,'
'psychology,' 'psychometrist,' 'psychometrics: or 'psychometry,' or that
they do not state or imply that they are licensed to practice
psychology; . . ."6
With enactment of
the Marriage, Family and Child Counselors' Licensing Law in 1963, legal
recognition was given to marriage counseling. Section 17800 currently
prohibits marriage counseling and advertising said services without a
license as follows:
"[N]o person may
for remuneration engage in the practice of marriage, family, or child
counseling as defined by Section 17800.2, unless he holds a. valid
license as a marriage, family, or child counselor, or unless he is
specifically exempted from such requirement, nor may he advertise him-
self as performing the services of a marriage, family, child, domestic,
or marital consultant or adviser, nor in any way use these or any
similar titles to imply that he performs these services without a
license as provided by this chapter."
Section 17800.1 in
turn sets forth the relationship to other laws by providing in pertinent
part as follows:
"Nothing in
this chapter shall be construed to constrict, limit, or withdraw
provision of the Medical Practice Act, the Social Work Licensing
Law, or the Psychology Licensing Act.' (Emphasis
added.)
Section 17800.2
further defines the practice of marriage counseling as:
"[S]ervice
performed with individuals, couples, or groups wherein interpersonal
relationships between spouses or members of a family are examined for
the purpose of achieving more adequate, satisfying, and productive
marriage anti family adjustments. Such practice includes pre- marriage
counseling.
"The application
of marriage, family and child counseling principles and methods
includes, but is not limited to, the we of applied psycho- therapeutic
techniques, to enable individuals to mature and grow within marriage and
the family, and the provision of explanations and interpretations of the
psychosexual and psychosocial aspects of relationships within a marriage
and family." (Emphasis added.)
Section 17801
provides:
"A person engages
in the practice of marriage, family and child counseling who performs or
offers to perform or holds himself out as able to perform such a service
for remuneration either in the form of fees or donations.
" Section 17802
further provides that the word "advertise":
"[I]ncludes, but
not by way of limitation, the issuance of 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 news- paper or
magazine or in any directory, with or without any limiting
qualification. Signs within church buildings and notices in church
bulletin$ mailed to a congregation shall not be construed as advertising
within the meaning of this chapter.
" Section 17803
goes on to require any counselor who desires to advertise marriage
counseling services to be licensed. Section 17820(d) and (e) further
provides for the suspension or revocation of a license if the licensee
is guilty of unprofessional conduct which includes, "(d) Improper
advertising@' and "(e) Violating or conspiring to violate the terms of
this chapter." Finally, pursuant to section 1845 (a) of Title 16 of the
California Administrative Code.
"(a) A counselor
shall not perform, nor hold himself out as able to perform, professional
services beyond his field or fields of competence as established by his
education, training and experience."
The fact that
there are "overlapping spheres, not necessarily exclusive of each other"
in the scope of practice of psychology and marriage counseling which
"presents questions of public policy best resolved by further
legislation" has long been recognized. 49 Ops. Cal. Arty. Gen., supra,
104, 109 (1967). Such overlap is readily apparent upon examination of
sections 2908 and 17800.1. Consequently, the scope of practice between
psychology and marriage counseling has long been at issue. This office
first addressed itself to the question of whether a person licensed as a
marriage counselor, but not certified as a psychologist or a. physician
and surgeon, could apply "psychotherapeutic measures" in his counseling
work, and identify him- self on calling cards or signs as a
"psychotherapist" in 47 Opinions California Attorney General, supra, 204
( 1966). It was concluded at that time that a licensed marriage
counselor was "prohibited from using psychotherapeutic measures in
conjunction with his work as a counselor"' (Id. at 204) and that the use
of the term "psychotherapist" would: "
[B]e a
representation by said person that he is a psychologist and is
prohibited by Business and Professions Code section 2930; in addition,
such a representation by a licensed marital, family, and child counselor
would constitute improper advertising under Business and Professions
Code section 17820, subdivision (d)." (Id. at 204.)
Later, in 49
Opinions California Attorney General, supra, 104, 105 (1967), this
office reviewed the definitions and conclusions reached in 47 Opinions
California Attorney General, supra, 204 (1966) and concluded
that:
"A marriage,
family and child counselor licensed under sections 17800-17847 of the
Business and Professions Code may use some, bur not all, forms of
'psychotherapeutic measures in connection with his work as a counselor;
..." (Id. at 105.)
Sections 2903,
2930' and 21428 were carefully reviewed after which it was
concluded that the sight and sound of the term "psychotherapist" was
such,
[T]hat use of such
term on a calling card or other sign by a marriage, family and child
counselor might mislead the public into thinking such counselor
possessed a greater professional or license status than in fact exists."
(Id. at 111.)9
The question
presently under discussion, however, focuses on the extent to which
licensed marriage counselors may practice "psychotherapy" in light of
the fact that section 17800.2 currently provides that the "application
of marriage, family and child counseling principles and methods" include
the use of "applied psycho- therapeutic techniques."
The use of
"psychotherapy"10 was initially covered in section 2903 which
defined the practice of psychology as involving, among other things,
"psychotherapy" and representing oneself by a description of services
incorporating the word psychotherapy." § 2902(c). However, in
enacting section 17800.2, the Legislature attempted to further recognize
the degree to which the practice of psychology and marriage counseling
overlap, and thus further define the scope of practice issues between
the two licensed professions. As enacted, section 17800.2 defines the
practice of marriage counseling, and further provides that:
"The application
of marriage, family and child counseling principles and methods
includes, but is not limited to, the use of applied psycho- therapeutic
techniques,..." (Emphasis added.)
The Legislature
did not, however, provide further statutory definitions as to what
constitutes the use of "applied psychotherapeutic techniques." Nor did
the Legislature expressly limit marriage counselors to the use of some,
bur not all, "applied- psychotherapeutic techniques."
It would appear,
however, that the degree to which licensed marriage counselors may use
"applied psychotherapeutic techniques" and hence practice
"psychotherapy" is limited by sections 17800.2 and 17820(e) of the Code
and section 1845(a) of Title 16 of the California Administrative Code.
Strict construction of these statutes and regulations would appear to be
justified on the policy bases that mandatory licensure is designed to
protect the public from persons not meeting appropriate standards of
education and training.
The training and
experience requirements for licensure as a marriage counselor (§
17804) are significantly different from those required for licensure as
a psychologist (§ 2914).11 Suffice it to say that the
education and experience required to gain licensure as a marriage
counselor would not satisfy the requirements for licensure as a
psychologist or certification as a physician and surgeon. In light of
this fact, the performance by nonphysicians and nonpsychologists of
those functions which come within the broad scope.of the practice of
medicine and within the specific statutory definition of psychology
should be permitted only when expressly authorized by
statute.
It would,
therefore, appear that the extent to which licensed marriage counselors
may practice "psychotherapy" is strictly limited by section 17800.2.
Pursuant to this section, licensed marriage counselors may use "applied
psychotherapeutic techniques" and hence practice "psychotherapy."
However, the use of such "applied psychotherapeutic techniques" is
limited to the practice of marriage counseling, as defined by section
17800.2. Said practice would appear to be further limited by section
17820 (e) of the Code and section 1845 (a) of Title 16 of the California
Administrative Code to the "field or fields of competence as established
by" the "education, training and experience". of the individual licensed
marriage counselor. It should also be mentioned that licensed marriage
counselors who use "applied psychotherapeutic techniques" and hence
-practice "psychotherapy" beyond the aforementioned limitations, may
have their licenses suspended or revoked for un- professional conduct
pursuant to section 17820(e) of the Code and section 1845 of Title 16 of
the California Administrative Code, and may further be in violation of
section 2141.
The question is
also asked whether a licensed marriage counselor may "diagnose and treat
a mental disorder" directly related to a marriage counseling problem
through the use of "psychotherapeutic techniques." It would appear that
a licensed marriage counselor may diagnose and treat a mental disorder
through the use of "psychotherapeutic techniques" assuming that the
patient's mental disorder is directly related to a marriage counseling
problem. However, the diagnosis and treatment of mental disorders
directly related to marriage counseling problems is subject to the same
conditions and limitations set forth above for the use of "applied
psychotherapeutic techniques." Whether in any given case a practice is
so limited as to fall within the scope of practice of marriage
counseling, or whether it constitutes a "diagnosis" and "treatment"
within the purview of the Medical Practice Act, must necessarily depend
upon an examination of the particular facts and
circumstances.
Inquiry has
further been made with respect to use of the terms "psychotherapy,"
"psychotherapeutic services," and terms of similar import by licensed
marriage counselors in advertising.
The use of the
terms "psychotherapist' and "psychotherapy" by persons licensed as
marriage counselors and clinical social workers (§§ 9040-9058)
has previously been the subject of opinions and indexed letters of this
office.12 It was concluded in 49 Opinions California Attorney
General, supra, 104, 111 (1967) that marriage counselors were prohibited
from using the term "psychotherapist" even though provision at the use
of that term was not specifically proscribed by any statutory that time.
The rationale was that:
"The use of the
term ... without further explanation, in no ways spells out the limits
of the advertiser's intended area of diagnosis or treatment, and
connotes the broad spectrum of 'psychotherapy."
…while the
use of the term ... as such is not proscribed by any statutory
provision, the sight and sound of such term, when compared with such a
term as 'psychologist' . . . is sufficiently similar so that use of such
term on a calling card or other sign by a marriage, family and child
counselor might mislead the public into thinking such counselor
possessed a greater professional or license status than in fact exists.
The possibility of such confusion should be avoided by responsible
individuals and depending on all the circumstances, individual
situations may amount to a violation of Business and Professions Code
sections 2903, 2930, 2935 (Psychology Certification Act), and 2142
(Medical Practice Act) and may form the basis for discipline by virtue
of Business and Professions Code section 17820, subdivision (d)
(improper advertising)." (Id. at 111.)
Following the
issuance of 49 Opinions California Attorney General, sapra, 104 @ 1967)
on May 23, 1967, the Psychology Certification Act was repealed and a new
and expanded Psychology Licensing Law was enacted effective November 8,
1967. Former section 2903 was reenacted and expanded.
As enacted,
section 2908 provides that nothing contained in the Psychology Licensing
Law should be construed to prevent licensed marriage counselors from
doing work "of a Psychological nature consistent with the standards and
ethics of their respective professions." However, said exemption was
conditioned upon the proviso that:
"[T]hey do not
hold themselves out to the public by any title or description of
services incorporating the words 'psychological; 'psychologist,'
'psychology,' 'psychometrist,' 'psychometrics,' or 'psychometry,' or
that they do not state or imply that they are licensed to practice
psychology;
At the same time,
the Legislature expanded section 2902(c) to specifically Prohibit use of
the title or description of services incorporating the words
"psychometry," "psychometrics," "psychometrist," "psychotherapy,"
"psychotherapist," "psychoanalysis," and "psychoanalyst" in addition to
continuing to prohibit the use of the words "psychological,"
"psychologist," and "psychology" previously prohibited by former section
2903.
It is an
established rule of statutory construction that when the Legislature
reenacts a statute which has been subject to a particular construction,
such construction is deemed to have been adopted by the Legislature. 28
Ops. Cal. Arty. Gen. 250, 252 (1956). Thus, in determining whether or
not licensed marriage counselors may use the terms "psychotherapy,"
"psychotherapeutic services," or terms of similar import in advertising,
it is necessary to construe the statutory changes and prior construction
in such a manner as to reasonably give effect to the legislative intent.
22 Ops. Cal. Arty. Gen. 219, 220 (1953); 24 Ops. Cal. Arty. Gen. 11, 12
( 1954). Viewing the consistent interpretation by this office, it would
appear that the Legislature in reenacting and amending sections 2902(c)
and 2908, specifically prohibited use of the term "psychotherapy" and
clearly intended to limit the exemption provided for in section 2908 to
the limitations set forth in section 2902 (c).
In 1967, the use
of "applied psychotherapy of a nonmedical nature" was extended to
licensed clinical social workers. § 9049.13 In light of
this fact, our opinion was similarly requested as to permissible
advertising by licensed clinical social workers.14 In
responding to that question in our Indexed Letter of January 10, 1972,
to the- Honorable William Fawx, supra, L.B. No. 382, p. 4, we reaffirmed
our former opinion15 and noted:
"We have found
nothing that would indicate that clinical social workers should be
treated any differently than marriage, family and child counselors in
relation to the use of the terms 'psychotherapist' or 'psycho-W1
therapy! Had the Legislature intended to extend that privilege to
Clinical social workers we are of the opinion that they would have
addressed themselves to that problem. Consequently we defer to our
analysis in 49 Ops. Cal. Atty. Gen. 104 as controlling in this
situation." (Id. at 3.)
It is thus readily
apparent that prior to the enactment of section 17800.2 in 1970,
marriage counselors were prohibited from holding themselves out to the
public as psychologists by any title or description of services
incorporating the terms psychotherapy," "psychotherapeutic services," or
terms of similar import in advertising. Furthermore, licensed marriage
counselors who so advertised could have their licenses suspended or
revoked for unprofessional conduct pursuant to section
17820(d).
The use of
"applied psychotherapeutic techniques" was subsequently extended rriage
counselors with the enactment of section 17800.1 in 1970. However, to ma
that section provides that nothing in the Marriage, Family and Child
Counselors Law is to: -
[B]e construed to
constrict, limit, or withdraw provisions of the Medical Practice Act,
the Social Work Licensing Law, or the Psychology Licensing
Act."
It is, therefore,
concluded that had the Legislature intended to extend to marriage
counselors the privilege of using terms such as "psychotherapy,"
"psychotherapeutic services," or terms of similar import in
advertisements, it would have addressed itself to the problem. Absent an
express declaration or necessary implication, it will not be presumed
that the Legislature intended to change the law in this
respect
Opinion No. SO 74-55-March 5,1975
SUBJECT:
AUTHORIZATION TO REGULATE TAKING OF MARINE LIFE IN OFFSHORE STRIP
ADJACENT TO FEDERAL LAND-Although title to and exclusive legislative
jurisdiction over Point Loma in San Diego County was transferred by
California to U.S., there is no federal statute authorizing federal
government to regulate taking of marine life in offshore strip adjacent
to Point Loma.
Requested
by: DEPUTY DIRECTOR, DEPARTMENT OF FISH AND GAME
Opinion by:
EVELLE J. YOUNGER, Attorney General
Paul
M. Joseph, Special Deputy
The Honorable E.
C. Fullerton, Deputy Director, Department of Fish and Game, has
requested an opinion on the following question:
What are the
respective authorities of the federal government and the State of
California to promulgate regulations on the taking of marine life in the
300 yards wide offshore strip adjacent to Cabrillo National
Monument?
The conclusions
are:
Title to and
exclusive legislative jurisdiction with certain exceptions over the
uplands of a part of Point Loma have been transferred by the State to
the United States. No similar transfer or cession. has been made of the
300 yards wide strip offshore adjacent to the area owned by the United
States. No federal statute called to our attention authorizes the
federal government to regulate the taking of marine life in such
offshore strip in the absence of title in the United States or a cession
to it of exclusive jurisdiction over the strip.
ANALYSIS
The United States
claims the right to regulate the taking of marine life in a 300 yards
wide strip offshore of Cabrillo National Monument at Point Loma in San
Diego County. This claim is based upon the purported cession of
jurisdiction by the State to the United States under California Statutes
of 1897, chapters 56
______________________________________________
1 All
section references are to the Business and Professions Code unless
otherwise indicated.
2With the enactment of the Psychology Certification Act in
1957 (§§ 2900-2984), the Legislature carved out a limited
exception to section 2141, and created within the Board of Medical
Examiners the- Psychology Examining Committee. The practice of
psychology was thus formally recognized for certain purposes for the
first time. Formal recognition was subsequently given to marriage
counseling in 1963 with the enactment of the Marriage, Family and Child
Counselors' Licensing Law.
3Section 2137 provides that the physician and
surgeon's certificate authorizes the holder to use "any and all other
methods in the treatment of diseases, injuries, deformities, or other
physical or mental conditions."
4
Hereinafter, all references to "marriage, family and child counselors"
and "marriage, family and child counseling" shall be referred to as
"marriage counselors" and "marriage counseling,"
respectively.
5For
former section references, refer as follows: 2902 (former §§
2901, 2901.5, and 2903); 2903 (former §§ 2903.5, 2930, 2933,
and 2937); and 2908 (former §§ 2903.5, 2934; and 2935). See
also sections 2909, 2910, 2911, and 2913 with reference to psychological
activities by salaried employees of organizations (§ 2909),
psychological activities by salaried employees of academic institutions,
public schools or government agencies (§ 2910), graduate students,
psychological interns and psychological trainees Q 2911), and
psychological assistants (§ 2913).
6The
definition of the practice of psychology as set forth in section 2903 is
subject to the qualifications contained in section 2904 which specifies
certain acts as being specifically excluded from the practice of
psychology.
7Currently sections 2902, 2903, 2909, and 2910 of
the Psychology Licensing Law.
8Section 2142 of the Medical Practice Act prohibited
the use of "any other term or letters indicating or implying" that the
advertiser was a "physician and surgeon."
9 To
the extent that 47 Opinions California Attorney General, supro, 204 (
1966 conflicted, it was overruled in 49 Opinions California Attorney
General, sapr4. 104, It 1 (1967).
10Webster's New Unabridged International Dictionary,
Second Edition, defines "psychotherapy" as:
"[T)reatment of
mental or emotional disorder or maladjustment by psycho- logical means
esp. involving verbal communication (as in psychoanalysis, non-
directive psychotherapy, reeducation, hypnosis, or prestige
suggestion)"
while
"psychotherapeutic-- is defined as "pertaining to psychotherapeutic or
to psychotherapy." However, as noted in 49 Opinions California Attorney
General, supra, 104, 106 (1967), reference "to such terms as
'psychotherapy,' 'psychotherapeutic measures, ... is descriptive, and
not definitive."
11In
order to qualify for licensure as a marriage counselor, section 17804
requires that an applicant have at least a master's degree in
counseling, social work, or one of the behavioral sciences, including,
but not limited to, sociology or psychology, obtained from an accredited
college or university. In addition, an applicant must have engaged in at
least two years' approved experience, under the direction of a person
who holds a marriage counseling license or possesses at least two years
of equivalent experience.
In order to qualify for licensure as a psychologist, section 2914
(former -§ 2941 requires that an applicant have an earned doctorate
degree in psychology or in educational psychology or an equivalent
doctorate degree from an accredited or approved college or university,
and have engaged for at least two years in supervised professional
experience under the direction of a licensed psychologist or suitable
alternative supervision, at least one year of which shall bz after being
awarded the doctorate in psychology.
12 The
use of said terms by marriage counselors was discussed in 49 Opinions
California Attorney General, supra, 104 (1967) and in 47 Opinions
California Attorney General, supra, 204 ( 1966), and by persons licensed
as clinical social workers in our Indexed Letter to the Honorable
William Fawx, Executive Secretary, Board of Medical Examiners, dated
January 10, 1972, L.B. No. 382, p. 4.
13
Prior to the enactment of section 9049, it was clear that the entire
technique of psychotherapy is not exclusively restricted to physicians.
49 Ops. Cal. Atty. Gen., supra, 104, 110 (1967). It would now appear
that the use of psychotherapeutic techniques is likewise not exclusively
restricted to psychologists.
14
inquiry was made as to whether licensed clinical social workers could
hold themselves out to the public on any of their business cards,
telephone listings, etc., with just their name and either the words
"psychotherapist" or "psychotherapy" or use such words in conjunction
with a statement on their listing as being licensed as clinical social
workers.. It was concluded that licensed clinical social workers may not
hold themselves out t the public on any of their business cards,
telephone listings, etc., with just their name and either the words
"psychotherapist" or psychotherapy."
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