§ 4031. Definitions
As used in this chapter:
(1) “American Association for Marriage and Family Therapy” means a national professional
association of marriage and family therapists that accredits marriage and family therapy
academic programs and provides direction and leadership for marriage and family therapy
practice, education, and research.
(2) “Board” means the Board of Allied Mental Health Practitioners established under section 3262a of this title.
(3) “Licensed marriage and family therapist” means a person who is licensed under this
chapter.
(4) “Commission” means the Commission on Accreditation for Marriage and Family Therapy
Education, the committee of the American Association for Marriage and Family Therapy
that reviews and accredits academic programs in marriage and family therapy that are
offered at both regionally recognized colleges and universities and at independent
post-graduate training institutes.
(5) “Disciplinary action” includes any action taken by the Board against a licensed marriage
and family therapist on a finding of unprofessional conduct by the licensed marriage
and family therapist or an applicant. It includes all sanctions of any kind, such
as refusing to license a person as a marriage and family therapist or to renew a licensure,
suspension or revocation of the person’s licensure, issuing warnings, and other such
limitations.
(6) “Marriage and family services” means the diagnosis and treatment of mental conditions
or disabilities, whether cognitive, affective, or behavioral, from the context of
marital and family systems. It further involves the professional application of psychotherapeutic
and family systems theory and technique in the delivery of services to individuals,
couples, and families for the purpose of treating such diagnosed mental conditions
or disabilities.
(7) “Marriage and family therapy” means the rendering of professional marriage and family
services to individuals, family groups, couples, singly or in groups, whether such
services are offered directly to the general public or through organizations either
private or public, for compensation, monetary or otherwise. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 59; 1999, No. 52, § 35; 2013, No. 96 (Adj. Sess.), § 181.)
§ 4032. Disclosure of information
The Board shall adopt rules requiring licensed marriage and family therapists to disclose
to each client the marriage and family therapist’s professional qualifications and
experience, those actions that constitute unprofessional conduct, the method for filing
a complaint or making a consumer inquiry, and provisions relating to the manner in
which the information shall be displayed and signed by both the marriage and family
therapist and the client. The rules may include provisions for applying or modifying
these requirements in cases involving clients for designated agencies, institutionalized
clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 60; 1999, No. 52, § 35; 2015, No. 38, § 36, eff. May 28, 2015.)
§ 4033. Prohibition; penalty
(a) No person shall practice or attempt to practice marriage and family therapy, nor shall
any person use in connection with the person’s name any letters, words, or insignia
indicating or implying that the person is a licensed marriage and family therapist
unless licensed in accordance with this chapter.
(b) A person who violates subsection (a) of this section shall be subject to the penalties
provided in 3 V.S.A. § 127(c). (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1999, No. 52, § 31; 2007, No. 29, § 56.)
§ 4034. Board of Allied Mental Health Practitioners; duties
(a) The Board shall:
(1) Provide general information to applicants for licensure as marriage and family therapists.
(2) Administer fees collected under this chapter.
(3) Explain appeal procedures to marriage and family therapists and applicants and complaint
procedures to the public.
(4) Receive applications for licensure of applicants under this chapter, renew licensure,
and revoke, suspend, reinstate, or condition licensure as ordered by the Board.
(5) Refer all disciplinary matters to the Board.
(b) The Board may adopt rules necessary to perform its duties under this section. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, §§ 61, 73(a), (b); 1999, No. 52, § 35.)
§ 4035. Repealed. 1997, No. 40, § 74.
§ 4036. Application
To apply for licensure as a marriage and family therapist, a person shall apply to
the Board on a form that the Director shall furnish. The application shall be accompanied
by payment of the specified fee and evidence of eligibility as requested by the Board. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 73(a); 1999, No. 52, § 35.)
§ 4037. Eligibility
To be eligible for licensure as a marriage and family therapist, an applicant:
(1) Shall have successfully:
(A)(i) completed a graduate degree program in marriage and family therapy at an institution
that is accredited by both a regional educational accrediting body and the Commission,
or a post-graduate training institute that is accredited by the Commission; or
(ii) obtained a graduate degree focusing on marriage and family therapy, as defined by
the Board by rule, at an institution that is accredited by a regional or national
educational accrediting body recognized by the U.S. Department of Education and approved
by the Board; and
(B) met specific graduate credit and course requirements for licensure as set forth by
the Board by rule.
(2) [Repealed.]
(3) Shall have successfully completed a two-calendar-year work experience in marriage
and family therapy under the supervision of either a licensed marriage and family
therapist or licensed clinical social worker in this State or a marriage and family
therapist or licensed clinical social worker in another state who would meet the license
requirements. The Board may, when a qualified marriage and family therapist is not
reasonably available, permit a person licensed as a clinical mental health counselor,
clinical social worker, psychologist, or licensed physician certified in psychiatry
by the American Board of Medical Specialties, to serve as a supervisor. Persons engaged
in the work experience shall be entered on the Roster of Psychotherapists who are
Nonlicensed and Noncertified and shall comply with the laws of that profession. The
Board shall adopt rules establishing standards and procedures for satisfying the requirements
of this subdivision.
(4) Shall have passed an examination as provided in section 4038 of this title. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 62; 1997, No. 111 (Adj. Sess.), § 1; 1999, No. 52, §§ 32, 35; 2001, No. 129 (Adj. Sess.), § 29a, eff. June 13, 2002; 2005, No. 27, § 97; 2005, No. 148 (Adj. Sess.), § 42.)
§ 4038. Examination
(a) A written examination shall be conducted under this chapter at least twice a year
except that an examination need not be conducted when no one has applied to be examined.
(b) An examination administered and the procedures of administration shall be fair and
reasonable and shall be designed and implemented to ensure that all applicants are
granted licensure if they demonstrate that they possess the minimal occupational qualifications
that are necessary for the protection of the public health, safety, and welfare. The
examination shall not be designed or implemented for the purpose of limiting the number
of licensed marriage and family therapists. The Board shall establish criteria for
passing the examination that shall apply to all persons taking the examination.
(c) The Board shall administer a written examination based on the applicant’s marriage
and family therapy educational and clinical background.
(d) The Board may authorize the use of established marriage and family therapy tests as
utilized by the American Association for Marriage and Family Therapy. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 63; 1999, No. 52, § 35.)
§ 4039. Certification without examination
The Board may waive the examination requirement for licensure if the applicant is
a marriage and family therapist regulated under the laws of another jurisdiction who
is in good standing to practice marriage and family therapy in that jurisdiction and,
in the opinion of the Board, the standards and qualifications required for regulation
of marriage and family therapy in that jurisdiction are substantially equivalent to
those required by this chapter. The Board may adopt by rule criteria for licensing
marriage and family therapists who have five years’ licensed or certified practice
experience in another jurisdiction of the United States or Canada. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 73; 1999, No. 52, § 35; 2003, No. 60, § 19; 2007, No. 29, § 57.)
§ 4040. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee, provided
the person applying for renewal has completed at least 20 hours of continuing education,
approved by the Board, during the preceding two-year period.
(1) The Board shall establish, by rule, guidelines and criteria for continuing education
credit. Synchronous virtual continuing education credits shall be approvable and accepted
as live in-person training. Continuing education requirements shall include requiring
one or more continuing education units in the area of systematic oppression and anti-oppressive
practice, or in related topic areas, consistent with the report recommendations from
the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves
No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism
in Vermont’s health care system.
(2) The continuing education requirement shall not apply for the first renewal period.
If the licensee is licensed in one or more other mental health professions under this
title, continuing education units completed for one mental health profession shall
count toward the required continuing education units for the other mental health profession
or professions for which the licensee is licensed under this title.
(b) Biennially, the Board shall forward a renewal form to each licensed marriage and family
therapist. Upon receipt of the completed form and the renewal fee, the Board shall
renew a license.
(c) Any application for renewal of a license that has expired shall be accompanied by
the renewal fee and late fee. A person shall not be required to pay renewal fees for
years during which the license was lapsed.
(d) [Repealed.] (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, §§ 64, 73(a); 1999, No. 52, § 33; 2013, No. 27, § 45; 2021, No. 117 (Adj. Sess.), § 5, eff. July 1, 2023.)
§ 4041. Repealed. 1997, No. 59, § 65(9), eff. June 30, 1997.
§ 4041a. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
| (1) Application for licensure |
$175.00 |
| (2) Biennial renewal |
$285.00 |
(Added 1997, No. 155 (Adj. Sess.), § 7, eff. April 29, 1998; amended 1999, No. 49, § 182; 2001, No. 143 (Adj. Sess.), § 32, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 21; 2019, No. 70, § 24; 2023, No. 77, § 20, eff. June 20, 2023.)
§ 4042. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) Failing to use a complete title in professional activity.
(2) Conduct that evidences moral unfitness to practice marriage and family therapy.
(3) Engaging in any sexual conduct with a client, or with the immediate family member
of a client, with whom the licensed marriage and family therapist has had a professional
relationship within the previous two years.
(4) Harassing, intimidating, or abusing a client.
(5) Entering into an additional relationship with a client, supervisee, research participant,
or student that might impair the marriage and family therapist’s objectivity or otherwise
interfere with the marriage and family therapist’s professional obligations.
(6) Practicing outside or beyond a marriage and family therapist’s area of training, experience,
and competence without appropriate supervision.
(7) Using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) After hearing and upon a finding of unprofessional conduct, or upon approval of a
negotiated agreement, the Board may take disciplinary action against the licensed
marriage and family therapist or applicant. That action may include any of the following
conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to appropriate treatment.
(2) A restriction that a licensed marriage and family therapist practice only under the
supervision of a named individual or an individual with specified credentials.
(3) A requirement that a licensed marriage and family therapist participate in continuing
education as directed by the Board in order to overcome specified deficiencies.
(4) A requirement that the licensed marriage and family therapist’s scope of practice
be restricted to a specified extent.
(c) The Board may reinstate a revoked license on terms and conditions that the Board deems
to be proper. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 65; 1997, No. 145 (Adj. Sess.), § 59; 1999, No. 52, §§ 34, 35; 2015, No. 138 (Adj. Sess.), § 9.)