TO BE PUBLISHED IN THE OFFICIAL REPORTS

OFFICE OF THE ATTORNEY GENERAL
State of California

JOHN K. VAN DE KAMP
Attorney General


                            OPINION
                                 of                                                   No. 83-810

                    JOHN K VAN DE KAMP
                       Attorney General                                    JUNE 28, 1984

                    RONALD M WEISKOPF
                    Deputy Attorney General


 THE HONORABLE PAUL B. CARPENTER, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following question

Do marriage, family and child counselors have the statutory authority to construct, administer and interpret psychological tests?

CONCLUSION

Marriage, family and child counselors have the statutory authority to construct, administer and interpret "psychological tests" but to do so only within the course of their practice, when within their field or fields of competence as established by education, training, and experience, and when such could and would be used to examine an interpersonal relationship between spouses or members of a family for the purpose of achieving more adequate, satisfying and productive marriage and family adjustments.

ANALYSIS

Marriage, family and child counselors are licensed by the Board of Behavioral Science pursuant to Business and Professions Code division 2, chapter 13, section 4980 et seq. (formerly div. 7, pt. 3, ch. 4, § 17800 et seq.), as specialists in marital and family dysfunction. As such they are "one of a number of trained [licentiates] who play a part in the large, and, in the main, uncharted area of mental and emotional functioning of individuals and groups."

(49 Ops.Cal.Atty.Gen. 104, 109 (1967).) [1] We are asked herein whether those licentiates may construct, administer and interpret "psychological tests."

Unfortunately we have neither been provided with a definition of the term "psychological tests" nor particular examples which the requester might have in mind. Since the question is not confined to particular tests our answer must be broad enough to cover all "psychological tests" as they may be conceived. Nevertheless we assume that the concern herein is with the use by a marriage counselor of those tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions and motivations spoken of in section 2903 of the Psychology Licensing Law, post, under circumstances which would constitute the rendering of psychological services and thus constitute the practice of psychology as it is defined in that section. [2]

Asked whether marriage counselors might use (i.e., construct, administer, and interpret) them incident to their practice we will conclude, upon review of the pertinent statutory provisions of the Psychology Licensing Law (Bus. & Prof. Code, ch. 6.6, § 2900 et seq.) and the Marriage, Family and Child Counselors Law (id., ch. 13, § 4980 et seq.), that marriage counselors do possess the requisite statutory authority to do so but only where a test would be useful and used in the course of their marriage counseling practice to examine an interpersonal relationship for the purpose of achieving more adequate, satisfying and productive marriage and family adjustments. [3]

Section 2903 of the Psychology Licensing Law (Bus. & Prof. Code, ch. 6.6, § 2900 et seq.) declares it illegal for any person "to engage in the practice of psychology...without a license granted under [it], except as otherwise provided [therein]." The section then defines "the practice of psychology" and refines it as follows:

"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 understanding, 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." (Emphases added; § 2903.)

Section 2903 is modified, however, by section 2908 of the Psychology Licensing Law which provides that nothing therein:

"...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, [or] 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 themselves out to the public by any title or description of services incorporating the words 'psychological,' 'psychologist,' 'psychology,' 'psychometrist,' 'psycho-metrics,' or, 'psychometry' or that they do not state or imply that they are licensed to practice psychology..." (Emphases added.)

(§ 2908, formerly § 2903.5 (Stats. 1957, ch. 2320, p. 4038, § 1), § 2934 (Stats. 1957, ch. 2320, p. 4040, § 1), § 2935 (Stats. 1957, ch. 2320, p. 4041, § 1), amended by Stats. 1959, ch. 297, p. 2206, § 1; see also §§ 2909 (psychological activities by salaried employees of organizations), 2910 (same, by salaried employees of academic institutions, public schools or government agencies), 2911 (activities by graduate students, psychological interns and psychological trainees), 2912 (out-of-state practitioners), and 2913 (psychological assistants).)

With the enactment of the Marriage, Family and Child Counseling Law ("MFCCL") (Stats. 1963, ch. 1823, p. 3759, § 1, as amended by Stats. 1965, ch. 1506, p. 3539, § 1; Stats. 1969, ch. 298, p. 666, § 5; Stats. 1970, ch. 1310, p. 2436, §.1; Stats. 1975, ch. 198, p. 572, § 1; Stats. 1977, ch. 1244, p. 4215, § 1), the Legislature recognized marriage counseling as a licentiable discipline. Section 4980.02 (formerly § 17800.2) defines the practice as follows:

"For the purposes of this chapter, the practice of marriage, family and child counseling shall mean that service 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 and family adjustments. Such practice includes premarriage counseling."

"The application of marriage, family and child counseling principles and methods includes, but is not limited to, the use of applied psychotherapeutic 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."

............................................................................................
(Emphases added.)

(§ 4980.02, former § 17800.2 added by Stats. 1970, ch. 1310, p. 2437, § 3, and amended by Stats. 1976, ch. 685, § 1 and Stats. 1982, ch. 1126, p. [995], § 2.) Section 4980.01 (formerly § 17800.1) of that Law sets forth the relationship between the MFCCL and other laws as follows:

"Nothing in this chapter shall be construed to constrict, limit, or withdraw provisions of the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, or the Psychology Licensing Act [sic. Law]." (Emphases added.)

Needless to say, both of the aforementioned disciplines, psychology and marriage counseling, deal with ameliorating human problems or difficulties in the areas of mental and emotional functioning (49 Ops.Cal.Atty.Gen., supra, at 109) and both classes of professionals have been given limited licenses to perform tasks previously within the exclusive province of the physician. (58 Ops.Cal.Atty.Gen. 186, 188 (1975); see § 2152.) What exists then is a licensing scheme of "overlapping spheres, not necessarily exclusive of each other, involving aid to the mentally or emotionally disordered person." (49 Ops.Cal.Atty.Gen., supra, at 109; cf. 64 Ops.Cal.Atty.Gen. 240, 252, fn. 17.) That overlap, which is readily apparent upon examination of sections 2903/2908 and 4980.01/4980.02, "has long been at issue" (58 Ops.Cal.Atty.Gen., supra, at 189) and in effect we are now asked whether a particular activity -- psychological testing -- falls within it.

We have assumed that the construction, administration and interpretation of psychological tests of concern herein is such as to constitute the practice of psychology as it is defined by section 2903 of the Psychology Licensing Law. (See fn. 2 & accompanying text.) Assumption and tautology aside, it certainly would where their use involves an attempt to understand and predict behavior through an application of psychological principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships. (CF. § 2903.) As such, the use of those tests under those circumstances may not be undertaken by any person other than a licensed psychologist unless permitted by the Psychology Licensing Law (Ibid.) [4] That law though, as we have seen, permits recognized professional licentiates, such as marriage counselors, to do "work of a psychological nature consistent with the laws governing their respective professions. (§ 2908.) Inasmuch as the Marriage, Family and Child Counseling Law was not meant to "constrict, limit or withdraw provisions of the Medical Practice Act...or the Psychology Licensing Act" (§ 4980.01, formerly § 17800.1) we must determine whether it provides authority for marriage counselors to perform psychological testing anent their practice. (58 Ops.Cal.Atty.Gen., supra, at 192-193 ("[T]he 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").)

We therefore turn to section 4980.02 (formerly §17800.2) of the Marriage, Family and Child Counselors Law, for it is the "eye of the needle" through which a marriage counselor must pass to perform psychological testing in his or her practice. The section, rent asunder, simply defines the practice of marriage counseling as

-- that service...wherein interpersonal relationships between spouses or members of a family are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments --

and it then includes within the ambit of that practice, without further definition, the "application of marriage counseling principles," such as "the use of applied psychotherapeutic techniques, to enable individuals to mature and grow within marriage and the family, and the provision of explanations and interpretations of psychosexual and psychosocial aspects of relationships within a marriage and family." Does "psychological testing" come within that rubric?

It has been suggested that the most obvious fount of authority for marriage counselors to perform psychological testing is their being authorized to use applied psychotherapeutic techniques in the course of their practice. "Psychological testing," however, does not constitute an "applied psychotherapeutic technique," albeit the obvious phrase by which the Legislature "attempted to...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." (58 Ops.Cal.Atty.Gen., supra, at 194.) Insofar as it can be pigeonholed, psychological testing would constitute a diagnostic endeavor and not a treatment mechanism. Without lapsing into an earlier error of relying too heavily on the dictionary definition of the word "psychotherapy" and its variants to restrict its meaning to areas of actual mental illness (see 49 Ops.Cal.Atty.Gen., supra, at 105-106 criticizing and overruling 47 Ops.Cal.Atty.Gen. 204, 205-206 (1966) on that point), we think it safe to say, from all descriptions and definitions of the term, that "psychotherapy" refers to a mode of treating a disorder rather than a method of diagnosing it. (See, e.g., "The Psychologist and Voluntary Health Insurance," (Washington, D.C.: Am. Psychological Assn.) at pp. 10-13, quoted in 49 Ops.Cal.Atty.Gen., supra, at 106-107 (compare "The most frequent treatment [of mental or emotional disorders] is psychotherapy" with "Psychologists, as a result of training in psychological processes and measurement, have developed the use of diagnostic psychological testing"); see also the definitions mentioned in 58 Ops.Cal.Atty.Gen., supra, at 194, fn. 10 and in 49 Ops.Cal.Atty.Gen., supra, at 105, fn. 1; see also Webster's Third New Internat. Dict. (1971 ed.) at pp. 1834 ("psychotherapy") and 2372 ("therapy").)[5] Certainly when the Legislature has described the term, as in sections 4980.2 and 2903, it has focused on the treatment aspects of psychological undertakings and not its diagnostic endeavors. (§ 4980.2: psychotherapeutic techniques to enable individuals to mature within their marriage; cf. § 2903: psychotherapy = the use of psychological methods to assist a person to acquire greater effectiveness or to modify maladjustments.)[6]

In a recent opinion we iterated the notions that diagnoses and treatment were separate undertakings; that the "authority of a healing arts licentiate other than a physician to act in the 'treatment' area would not be authority to diagnose"; and that therefore "the fact...that [such a licentiate] might be vested with certain authority vis-à-vis the treatment of a patient...does not mean that the [licentiate] would thereby be vested with similar authority with respect to...diagnosis of the patient's condition." (66 Ops.Cal.Atty.Gen., 428, 434 (1983) citing 45 Ops.Cal.Atty.Gen. 116, 118 (1965).) Applying those notions here, we find that the fact that the Legislature has recognized the authority of marriage counselors to use "applied psychotherapeutic techniques," a modality of treatment, does not impart authority for them to undertake psychological testing, a diagnostic tool. The Legislature in fact has made its understanding clear in section 2903 that the two undertakings are separate and distinct endeavors.[7] Thus the authority of a marriage counselor to undertake diagnostic psychological testing, if it does exist, must be found elsewhere.[8]

We therefore must return to the basic legislative definition of the practice of marriage counseling found in section 4780.02 (i.e., "that service...wherein interpersonal relationships between spouses or members of a family are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments") and to the authority of marriage counselors to provide explanations and interpretations of certain aspects of relationships within a marriage and family. Surely those activities contemplate marriage counselors undertaking diagnostic endeavors. However, the problem with being too quick to extrapolate an authority to perform psychological testing therefrom is that such authority could authorize a marriage counselor to undertake any diagnostic function of a psychological nature (cf. § 2908) in an attempt to examine a spousal or family relationship or provide an explanation of its aspects, and would make the practice of marriage counseling virtually coextensive with the practice of psychology. (Cf. 66 Ops.Cal.Atty.Gen., supra, at 432 (similar problem with § 2725 defining the practice of nursing).) Clearly that is a result the Legislature could never have intended for while it is true that in section 2908 of the Psychology Licensing Law the Legislature has recognized that marriage counselors (along with other recognized professionals) might "perform work of a psychological nature consistent with the laws governing their...profession[]," it has also made it very clear at the outset of the Marriage Counseling Law that "nothing in [it] [should] be construed to constrict, limit or withdraw provisions of the Psychology Licensing Act [sic]." (§ 4980.01.) Two separate and distinct disciplines were envisioned that might overlap in some respects but certainly not all.

Examining interpersonal relationships to achieve "more adequate, satisfying and productive marriage and family adjustments" would seem to encompass much more than dealing with mental illness (cf. 49 Ops.Cal.Atty.Gen., supra, at 105) and would appear to include any matters which give rise to marital or family problems -- e.g., financial, legal, sex, religion, dispositions, habits, friends, disease, death, etc. While the scope of the marriage counselor's practice is thus as broad as the range of problems which may arise in a marriage (or family relationship), the methods which the law authorizes the counselors to use to achieve adjustments are limited to "the application of marriage counseling principles." The marriage counselor, then, is a "generalist" who, within his competence and field, explores the family relationships in all its problem areas and refers the parties with problems beyond his ken to the appropriate professional as needed.

Inasmuch as we have not been provided with a definition of the term "psychological test" or particular examples to focus upon, we cannot state in absolute terms whether or not marriage counselors are authorized by statute to use them in the course of their practice. Even with our assumption as to the tests of concern, our answer must be as general as the question that is asked. As we have seen, the Legislature has accorded marriage counselors the statutory authority to perform work of a psychological nature consistent with the laws of their profession, i.e., consistent with an application of marriage counseling principles in the course of marriage counseling to examine an interpersonal relationship between spouses or members of a family and, inter alia, to provide explanations of certain aspects of those relationships. Taking the notion of "psychological testing" in its broader sense, we imagine that there could be psychological tests that could be used in marriage counseling for that purpose.[9] Insofar then as a particular test could be used in marriage counseling as a diagnostic tool that is founded upon, is directed toward, and is able to help examine a marital or family interpersonal relationship for the purpose of achieving a more adequate, productive and satisfying marriage or family relationship, we find no statutory impediment to a marriage counselor using it under circumstances which would constitute the practice of psychology as part of his or her counseling service armamentarium. (But see fn. 9.) It cannot be gainsaid, however, that the counselor must be competently qualified through education, training and experience to do so. (16 Cal. Admin. Code, § 1845, subd. (g).)[10] And it must be stressed that the use of the test under such circumstances must take place within the context of solving a marriage counseling problem for the purpose of achieving a more adequate, satisfying or productive marriage or family relationship. Any other use by a marriage counselor of those tests would be beyond the statutory authorization of section 4980.02 and would therefore constitute an unauthorized practice of psychology within the meaning of section 2903 of the Psychology Licensing Law since it would not fall within the exemption provided in section 2908 of that law for marriage counselors to be "work of a psychological nature consistent with the laws governing their...profession."

We therefore conclude that marriage counselors have the statutory authority to utilize psychological tests but to do so only within the course of their practice, when within their field or fields of competence as established by education, training, and experience, and where such tests could and would be used to examine an interpersonal relationship between spouses or members of a family to help achieve a more adequate, satisfying and productive marriage and family adjustment.

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[1] Section references herein are all to the Business and Professions Code. For the sake of abbreviated efficiency, the phrases "marriage, family and child counselors" and "marriage, family and child counseling" may be referred to as "marriage counselors" and "marriage counseling," and the phrase "construction, administration and interpretation of psychological tests" and its variants may be referred to simply as "psychological testing."

The Marriage, Family and Child Counseling Law was transferred to division 2, chapter 13, by Statutes of 1983, chapter 928, sections 5, 6, effective January 1, 1984.

[2] In 54 Ops.Cal.Atty.Gen. 62 (1971) we concluded that hypnotism when used for noncurative purposes such as entertainment does not constitute the practice of psychology. In a cognate situation, we concluded in 64 Ops.Cal.Atty.Gen. 470, 477 (1981) that the use of the chemical or physical properties of heat, light, water, electricity or sound when not for a physical or corrective rehabilitative or treatment regimen of a bodily or mental condition would not constitute an unlicensed practice of physiotherapy within the meaning of sections 2620 and 2630 of the Physical Therapy License Act. With similar thrust, we observe here that use of the tests mentioned in section 2903 by a nonpsychologist would not be prohibited by that section as the unlicensed practice of psychology under all circumstances but only under those circumstances where their use is in the context of the rendering of psychological services. When a test of say mental abilities is for other purposes (e.g., a school quiz), it would not constitute the practice of psychology.

The use of such tests by marriage counselors in their practice may or may not occur in the context of rendering psychological services. Simple testing of skills unrelated to psychological health, e.g., sufficient arithmetic skill to keep track of checkbook balances when dealing with family financial problems, would not constitute the practice of psychology and we do not assume they are of concern herein.

[3] In one perspective the term "psychological test" may essentially be understood to be an "objective and standardized measure of a sample of behavior" (Anastasi, A., Psychological Testing (NY: McMillian, 5th ed. 1982) at 22) which, in the hands of a trained and skilled examiner, provides a useful diagnostic instrument of professional practice. (Cf. 49 Ops.Cal.Atty.Gen., supra, at 107.) In a narrower sense, when used as a term of art within the field of psychology, a "psychological test" is understood to be a published, standardized, normative instrument that has been specifically validated in context on specific populations to objectively measure various aspects of intrapersonal dynamics such as intelligence, behavior, and other intrapsychic processes. These, would be specific diagnostic tools that have been designed by psychologists to be used for psychological purposes in a psychological setting. (Cf. 49 Ops.Cal.Atty.Gen., supra, at 107.) The consequences of their being so perceived is discussed in footnote 9, post.

[4] Psychological testing also constitutes the practice of medicine within the meaning of section 2052 of the Medical Practice Act, for it is a method used to diagnose a mental condition. As such it may not be undertaken by anyone other than a licensed physician unless the person is "authorized to perform such act pursuant to a certificate obtained in accordance with some other provision of law." (§ 2052.)

[5] Psychotherapeutics" is the art and science of "psychotherapy" (Webster's Third New Internat. Dict., supra, at 1834). Webster's defines "psychotherapy" as "1: treatment of mental or emotional disorder or maladjustment by psychological means esp. involving verbal communication (as in psychoanalysis, nondirective psychotherapy, reeducation, hypnosis, or prestige suggestion) 2: any alteration in an individual's interpersonal environment, relationships, or life situation brought about esp. by a qualified therapist and intended to have the effect of alleviating symptoms of mental or emotional disturbance 3a: the process whereby a patient or other subject becomes aware of the content and mechanisms of his unconscious mind esp. through free association b(1): an interpersonal relationship in which a person seeking help develops a transference neurosis toward the analyst who subjects to interpretive analysis both the transference and his own countertransference phenomena (2): an emotional experience in which the analysand's interpersonal attitudes as evidenced in his transference neurosis are corrected or modified through transactions with the analyst." (Id., at 1834.) It defines "therapy" (GK therapeia = attendance, medical treatment, fr. therapeuein = to attend, to treat) as "...3a: treatment of the maladjusted (as prisoners, social agency clients) through a program of clinical, custodial, or casework services in order to further their restoration to society b: a force working to relieve a social tension...." (Id., at 2372.)

[6] But see section 2936 of the former Psychology Certification Act (Stats. 1957, ch. 3230, p. 4041, § 1) which forbad psychologists "the use of therapeutic measures in the diagnosis or treatment of mentally ill except in collaboration with a physician and surgeon." The section though, along with the entire Act, was repealed when the Psychology Licensing Law was enacted in 1967. A remnant of section 2936, without any reference to the use of therapeutic measures in diagnoses, is now found at section 2904 of the PLL.

[7] We recall that in defining the practice of psychology in section 2903, the Legislature has listed both psychotherapy and the constructing, administering and interpreting tests of mental dynamics as psychological methods and procedures. To say the Legislature thought the two the same would render the latter surplusage, a construction to be avoided. (Fields v. Eu (1976) 18 Cal.3d 322, 328.)

[8] In 58 Ops.Cal.Atty.Gen. 186, supra, we concluded, based upon the phraseology of a question that was asked, that "a marriage counselor might 'diagnose and treat a mental disorder'...through the use of 'applied' psychotherapeutic techniques," (Id., at 187. 195.) That incongruity is expressly disapproved.

[9] If the term psychological test is more narrowly construed (see, e.g., fn. 3, ante) The imagination as to their use in marriage counseling would have to be stretched further. Still, it misses the point to suggest even there that since psychological tests are tools developed by psychologists for psychological purposes that marriage counselors cannot avail themselves to use them in their practice. The Legislature has recognized that marriage counselors may do work of a psychological nature within their practice, and thus an overlap in function and tool is inherent in the statutory scheme. (49 Ops.Cal.Atty.Gen., supra, at 107.) More apropos, however, is the suggestion, also based on that narrow definition, that insofar as "psychological tests" are designed to examine other things than in interpersonal relationship, such as intrapersonal dynamics or such as general social adjustment, their use would be beyond the ken of marriage counseling and not permitted the marriage counselor.

[10] As noted prefatorily, "psychological tests" cover a very broad spectrum, ranging from simple measures to very complex instruments, but of whatever genre, a particular test can only be valid when constructed, administered and evaluated by a trained and competent professional who is skilled in the task. (Cf. Anastasi, Psychological Testing, supra, ch. 2, passim.) In 58 Ops.Cal.Atty.Gen. 188, supra, we expressed concern that the training and experience requirements for licensure as a marriage counselor (§4980.40, then § 17804) "are significantly different from those required for licensure as a psychologist (§ 2914) [and]...that the education and experience required to gain licensure [as the former] would not satisfy the requirements for licensure as a psychologist..." (Id., at 192.) We concluded that a strict construction of the statutes and regulations defining the practice of marriage counseling was justified "on the policy bases that mandatory licensure is designed to protect the public from persons not meeting appropriate standards of education and training" (ibid.) and offered that "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." (Id., at 194--205.) Psychological testing is one such function, it being included within the statutory definition of the practice of psychology in section 2903 of the Psychology Licensing Law.

Founding the concerns we had in 58 Ops.Cal.Atty.Gen. 188 was the fact that in section 1845 (a) of title 16 of the California Administrative Code the Board of Behavioral Science Examiners declared and made the following an actionable ground for discipline:

"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."

(16 Cal. Admin. Code, former § 1845(e) quoted in 58 Ops.Cal.Atty.Gen., supra, at 190.) The prohibitory caveat currently appears in the Board's regulations in virtually the same form. (See 16 Cal. Admin. Code, § 1845, subd. (g).)

The differences in educational requirements between marriage counselors and psychologists have not changed significantly since the time of our 1975 opinion and we iterate the concerns expressed therein. The Marriage Counseling Law does not even require a course on psychology for a person to qualify as an applicant for a counselor's license (§ 4980.40, formerly § 17804, subd. (a)), and the current regulations of the Board governing the educational requirements for marriage counselor licensure demand only one course on "theories and applications of psychological testing." (16 Cal. Admin. Code, § 1830, subd. (b)(9).) We seriously question whether meeting that minimal requirement of "one course in theory and application of psychological testing" would make one competent to construct or interpret, or perhaps not even administer, a psychological test. Certainly that somewhat general knowledge of testing would not provide the degree of specificity necessary to do construction and interpretation of many psychological tests, such as vocational assessment, identification of psychological processes underlying learning disabilities, intellectual assessment, projective assessments such as Rorschach or Thematic Apperception Test (which also require intensive, lengthy training to administer and score), or some of the instruments used to measure severe psychopathological conditions. In any event, whether a counselor would meet the Board's regulations vis-a-vis competency (education, training, experience) to undertake psychological testing would depend on the individual's circumstances.