In California as in every state in the nation as well as in all the Canadian Provinces a series of statutes, regulations and cases govern the practice of every licensed profession. Psychology is the scientific study of human behavior. All licensed professionals except lawyers are managed by licensing boards that are part of the California Department of Consumer Affairs (DCA). DCA has a total of 2,000,000 licensees from cosmetologists to physicians and surgeons. The primary mandate of every licensing entity is to protect the consumer. However, in doing so the Boards must provide appropriate due process for licensees before taking action against a professional. These Boards are responsible for licensing individuals, for setting standards of practice and for disciplining people once they are licensed. The most severe action a Board can take is to revoke a professional’s license which removes that individual’s right to practice forever. The information from discipline in California is transmitted to the National Practitioner Data Bank and to all states in the nation. For psychologists there is an organization that represents all licensing authorities in the United States and Canada. It is called the Association of State and Provincial Psychology Boards with its headquarters in Montgomery, Alabama.

They have a very informative website at www.aspbb.org and the telephone number is (334) 832-4580. They have links to every licensing board in the United States with many leading to access to states laws for psychologists in a particular jurisdiction. In California the statutes are provided in § 2900 and the related sections thereafter of the Business and Professions Code. The Board of Psychology of the State of California should be a place where consumers and psychologists visit regularly. The BOP website is www.psychboard.ca.gov and contains information on every psychologist licensed, registered or operating as a psychological assistant in the State. If a psychologist is involved in formal discipline that information will be provided on the website. All complaints sent to the BOP about a psychologist are confidential. However, after review and investigation if the BOP decides to pursue the matter they create a formal Accusation which is somewhat like an indictment. After the Accusation filed the psychologist has the opportunity to defend himself/herself. One of the due process protections afforded psychologists is the right to a hearing before an administrative law judge. However, there has been extensive criticism regarding the limitations of due process procedures in licensing cases. Once the judge decides on the outcome the results are returned to the Board for review. They can actually change the result or the discipline if the case warranted it. Results can range from no punishment to an educational review all the way to revocation. Several years ago Dr. Ebert worked with the Executive Officer at the time Tom O’Connor to create § 2960.1 of the Business and Professions Code which requires automatic revocation once there is a determination a psychologist had sex with a patient. The profession of psychology took the lead in prohibiting sexual contact with clients. The American Psychological Association (APA) is a large group of professionals in diverse areas of employment such as university professors, medical school teachers, researchers, psychotherapists, evaluators, scientists, organizational consultants, members of the U.S. Secret Service and Department of Justice, NASA, workers at the Department of Energy and in many other fields. The APA has an excellent website at www.apa.org.

Psychologists are required to have a doctoral level degree in psychology and receive 3,000 hours of supervised experience before they can be fully licensed. They must take rigorous examinations to eventually become licensed. Many pursue additional education to specialize in unique areas of practice such as neuropsychology, health psychology, counseling psychology, rehabilitation psychology, forensic psychology, clinical psychology, family psychology and many other fields. For example it would not be unusual for a licensed psychologist to receive one to two years of additional training in neuropsychology or forensic psychology to specialize on those areas of practice. Some psychologists have obtained extensive training in psychopharmacology or the prescription of medicine to help people with psychological problems. There are a few psychologists who have obtained degrees in psychopharmacology. Psychologists who have specialized training after they are licensed and pass rigorous testing can actually prescribe in the States of New Mexico and Louisiana. Many other state legislatures are considering allowing prescription of medicine by these uniquely trained individuals over the fierce objection of organized medicine. Psychologists are especially recognized for their extensive training in psychological testing covering intellectual functioning, personality, depression, anxiety, substance abuse, forensic such as competency to stand trial and many other areas of the human experience. Psychologists also engage in individual, group, couple and family therapy. Some psychologists are in charge of mental health centers. They are widely used in the California Department of Corrections. Every psychologist in California must obtain 36 hours of continuing education every two years although a large group invests in many more hours of additional education and training. One extremely unique aspect of psychology is it is the only mental health profession that is both a distinct science and a profession.

There are more than 25,000 marriage and family therapists in the State of California. This is more than any other state in the United States. The Government agency that licenses this group of professionals is the Board of Behavioral Sciences (BBS). They have an extensive website at www.bbs.ca.gov where the statutes governing the practice for MFTs can be accessed by anyone. They are part of California law at § 4980 and the related sections that follow of the Business and Professions Code. In addition, the regulations that affect the practice of MFTs may also be obtained on the BBS website which is in Title 16 of the California Code of Regulations. Plus the ethics code of the California Association of Marriage and Family Therapists and that of the American Association of Marital and Family Therapy is used as a guide to interpret appropriate conduct by a MFT.

The national organization has an outstanding website at www.aamft.org. California has more marriage and family therapists than in any other state. MFTs must have at least a master’s degree generally in marriage and family therapy. However, when the statute was actually created in the 1970s there were many individuals who obtained a license without having specific education, training and experience as a MFT. The process is referred to a grandparent provision. In the present there are many fine masters level program across the state training students in very specific areas of marriage and family therapy such as couple counseling, family therapy, child and adolescent counseling and other types of work.

There are several thousand licensed social workers in California at this time. Social workers usually obtain a masters degree in social work listed as a M.S.W. There are some programs for individuals to obtain a doctorate in social worker but California and every state in the nation only requires a master’s degree in order to become licensed. Their education is almost always two years after the bachelor’s degree and must accrue several thousand hours of supervised experience. They are licensed through the California Board of Behavioral Sciences (BBS). The BBS is responsible for MFTs, Social Workers and Licensed Educational Psychologists. They have an elaborate website at www.bbs.ca.gov. Some social workers chose to provide therapy to clients, some work in welfare type settings, some chose to be medical social workers and work in hospitals while others manage various agencies. Like virtually all professions there is a national organization that is devoted to social work issues. It is called the It is called the National Association of Social Workers and their website is www.nasw.org. It is not unusual to find social workers in a variety of settings such as child protection centers of each county in California. While social workers have a great deal to offer consumers few obtain training or expertise in psychological testing. Many are employed in county mental health programs, often in leadership positions.

Psychiatrists are not regulated by a separate independent licensing board. They are licensed and monitored by the Medical Board of California and of the state where they practice for those outside of this state. The Medical Board of California is very large with a highly professional staff and outstanding experts who review complaints and work on cases that come to the attention of the Board. Like all Boards in California they have their own helpful website in which a consumer may check the status of a physician’s license. The website address is www.medbd.ca.gov. It is a great website with a lot of helpful information. Currently, one of the articles they are highlighting is on the seven deadly sins doctors’ face that creates potential problems for them. Although psychiatrists provide psychotherapy many focus on medication management. They are experts in the various drugs that are used to affect behavior. Despite being experts in these important medicines research has shown that most medication dealing with depression and anxiety are prescribed by family practice physicians. Psychiatrists prescribe a wide range of medication such as drugs for anxiety like Xanax, Ativan, Clonopin, Valium and others. Consumers are lucky in these times because there are safe treatment for depression and other mental disorders. One of the great discoveries was that of SSRI drugs. They are known as Selective Serotonin Reuptake Inhibitors. These drugs make the important neurotransmitter Serotonin more available in between the small area from one neuron to the other. The most common SSRIs are Prozac (the first SSRI discovered), Paxil, Zoloft, Luvox, Celexa and Lexapro. Patients who suffer from Bipolar Disorder (formerly called Manic Depression) can be treated with Lithium, Depakote, Lamictal, Abilify, Zyprexa, Valproic Acid, Prolixin, Neurontin and many others. Even greater advances have been made in the treatment of Schizophrenia with various drugs such as Haldol, Thorazine (one of the oldest), Zyprexa, Abilify, Closaril, Risperdal, Prolixin and many more. Schizophrenia, Bipolar Disorder, Depression and Anxiety are conditions recognized in every culture around the world.

Although controversial, Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD) has been successfully treated with stimulant medication including Dexadrine, Concerta and Ritalin. These medicines have been so effective as to assist students who have difficult learning to be able to focus and perform better in all educational settings. Psychiatrists have a strong national organization called the American Psychiatric Association with their website at www.psych.org. One of the great problems with psychiatrists is there are too few for the demand. Either more are needed or others must be trained to prescribe medication.

If nothing else California has many laws applicable to psychologists, MFTs, Social Workers, Psychiatrists and Licensed Educational Psychologists. Many of these laws protect the consumer of mental health services while others simply guide the behavior of mental health professionals.

Psychotherapist – Patient Privilege:
Any patient who receives mental health services are protected by this privilege which is a part of the California Evidence Code at § 1010 and the related sections that follow. This code applies to all licensed mental health professions as well as all trainees trying to become licensed. The bottom line is that therapists must keep information they obtain from a client private. They may only release this information in certain circumstances.

Confidentiality of Medical Records Act:
In California there is a specific act that protects the overall confidentiality of both medical information as well as medical records. While the psychotherapist privilege applies only to designated individuals who are psychotherapists this statute is much broader and applies to most health care providers. It is set forth in § 56.10 of the Civil Code and is quite broad. However, there are numerous exceptions to this law which limits the real protection it has over one’s medical information. Fortunately HIPAA exists to create stronger boundaries over private medical matters.

Right to Privacy:
The California Constitution is unique in that in Article 1 it guarantees its citizens a right to privacy. This right is specifically articulated in the Constitution. Interestingly, such a right is not articulated in the United States Constitution although our United States Supreme Court has inferred that the right to privacy exists in our U.S. Constitution.

Requirement to Report Child Abuse:
Children are quite helpless and need the protection of the Government and society. One way this takes place in the requirement that all health care professionals must report to the authorities if they have a reasonable suspicion that child abuse has taken place if the health care provider is acting in a professional capacity. Doctors, educators, mental health professionals, day care workers, nurses and others have a special relationship with individuals whereby they might discover the existence of children who are abused. Consequently, they must report any suspicion of abuse. The legislature believed so strongly in this duty of professionals that they added the reporting law in the California penal code. It is a lengthy section of the criminal law statutes at § 11164 and the related sections that follow. In fact, failure to report child abuse is a criminal offense punishable by six months in jail or a $1,000 fine or both.

• THERAPY: Many consumers seek therapy especially in current times when it has become more acceptable. Therapy is provided by various professionals such as psychologists, psychiatrists, social workers (MSWs) and marriage and family therapists (MFTs). First it is important to seek therapy with someone who is licensed. Any consumer may check the licensing status of a professional by logging onto the particular Board’s website. One should never seek therapy from an unlicensed provider.
   
• WORD OF MOUTH: One of the best sources to find a good therapist. Therapy with a mental health professional involves finding the right fit between you and the therapist. If one or two don’t work, keep looking. You will find a good fit someday. Also don’t be afraid to take medication. It may save your life. It will certainly improve the quality of your life.
   
• SEX WITH THERAPISTS: Sex with therapists is illegal for the therapist and just plain wrong. In California it is a crime. § 729 of the California Business and Professions Code prohibits and makes it a crime for a therapist to engage in any type of sexual intimacy. This conduct is perceived as the worst offense in the field.
   
• CONFIDENTIALITY: Every consumer who participates in therapy is entitled to confidentiality as the therapeutic setting is a place to discuss the most private matters of your life. The law recognizes this by making you the holder of the privilege at § 1010 of the Evidence Code. There are, of course, exceptions.