Van De Kamp, 062884 CAAGO, AGO 83-810
Case Date | June 28, 1984 |
Court | California |
"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,' 'psychometrics,' 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...
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