California Marriage and Family Therapy Unprofessional Conduct and Negligence: An Overview

The terms "unprofessional conduct" and "negligence" can sound a bit threatening to any practitioner. However, many cases claiming negligence are brought against Marriage and Family Therapists each year.

The Business and Professions Code, Section 4982 offers examples of unprofessional conduct including by definition “negligence or incompetence in the performance of marriage and family therapy; misrepresentation involving type of license held, educational credentials, professional qualification or professional affiliations; performing, or holding oneself out as being able to perform services outside the scope of the license; failing to maintain confidentiality, except as otherwise permitted or required by law; and soliciting or paying remuneration for referrals. Unprofessional conduct is punishable by revocation or suspension of a license or an intern's registration; it is also a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding $2,500, or both.”
So, what does all of this mean? The following includes a partial summary of best practice standards within the psychotherapy community
• In regards to recordkeeping, the failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered is considered unprofessional conduct.
• No person may, for remuneration, engage in the practice of marriage and family therapy or social work as defined by Section 4980.02, unless he or she holds a valid license as a Marriage and Family Therapist or social worker, or unless he is specifically exempted from such requirement, nor may he advertise himself or herself as performing the services of a marriage, family, child, domestic, or marital consultant, or in any way use these or any similar titles to imply that he or she performs these services without a license.
Denial, Suspension, Revocation, Grounds
The Board may refuse to issue an intern registration or a license or may suspend or revoke the license or intern registration of any registrant or licensee if the applicant, licensee, or registrant has been guilty of unprofessional conduct. Unprofessional conduct shall include, but not be limited to:
• The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. (d) Gross negligence or incompetence in the performance of marriage and family therapy.
• Misrepresentation as to the type or status of a license or registration held by the person
• Intentionally or recklessly causing physical or emotional harm to any client.
• The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant.
• Engaging in sexual relations of any kind with a client.
• Failure to maintain confidentiality, except as otherwise required or permitted by law.
• Prior to the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed.
• Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients.
• Advertising in a manner which is false, misleading, or deceptive.

Unprofessional conduct shall include, but not be limited to:

• The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant

• Misrepresentation as to the type or status of a license or registration held by the person

• Intentionally or recklessly causing physical or emotional harm to any client.

• The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant.

• Engaging in sexual relations with a client, or a former client within two years following termination of therapy

• Advertising in a manner that is false, misleading, or deceptive.

• Performing or holding oneself out as being able to perform professional services beyond the scope of one's competence

• Failure to keep records consistent with sound clinical judgment


For more information on California MFT Law and Ethics, visit MFT Continuing Education