[Adta] RE: private practice & state laws

[skdmt2]

Hi Forest
 The two message below were responses to your posting
Susan Kleinman, MA,ATR, NCC
 
-----Original Message-----
From: Larmeniox [mailto:larmeniox at triad.rr.com] 
Sent: Friday, August 04, 2006 8:33 AM
To: skdmt2
Subject: Re: private practice & state laws

 I don't know how many CA DMTs are aware of this history re: psychoanalysts 
who were ordered to cease and desist their practices by the psychology 
board. The analysts were appropriately trained in their area but did not 
have psychology licenses (denied because they did not have grad degrees in 
psychology per se). They were arrested and had to close their practices in 
CA. They chose to take this to CA court and their attorney (with whom I have

spoken at length about this case) sued based on first amendment rights of 
consumers. They lost, appealed, and I think lost again, but the psychology 
board backed down somewhat and began to focus on their appropriate domain 
(which is protecting consumers). A similar case in Washington state pursued 
the rights of a therapist to use a title "psychologist" even if he was not a

licensed psychologist. My point is that the laws have been written but not 
frequently challenged, so there are few precendents to clarify 
interpretation of the spirit of the law.
I am not an attorney so this is my understanding but it may not be wholly 
accurate:
The legal territory here is federal law versus state law. Most of the time a

state's law will trump a federal law (as demonstrated in several recent 
rulings concerning property rights), especially if it is based in the 
state's constitution. So even though licensure laws may appear to violate 
federal trade laws, it is difficult to make a case for federal trade 
violations and it is very expensive. It's also not common for a defense to 
be based on federal constitutional law (such as the 1st amendment in the CA 
case) and some judges will not allow it.
So to reiterate Susan's excellent advice: Contact your local membership 
associations who can help you understand state laws that affect your 
practice. It is your ethical responsibility to do this; you cannot plead 
ignorance in these cases.
Leslie Armeniox


----- Original Message ----- 
From: "skdmt2" <skdmt2 at bellsouth.net>
To: "'Larmeniox'" <larmeniox at triad.rr.com>; <adta at adta.org>
Sent: Thursday, August 03, 2006 7:20 AM
Subject: RE: private practice & state laws


> Hi leslie & Forest, I just wanted to add one thing.
> Forest, you said: " what ways dance
>> therapists define and protect themselves legally in private practice"
>
> Licensure is for the protection of the consumer. Therefore, knowing the 
> laws
> in your state & what they mean to you as a practitioner are important.
> Leslie has identified some of the ramifications for you. Also, affiliating
> with your chapter, is important when one exists. Yours in CA is very 
> strong
> & aware of the laws & working to broaden them in CA.
>
> Also, Leslie mentioned in her message that there have been several 
> lawsuits
> initiated by the psychology board, in CA, effecting non licensed 
> therapists,
> perhaps some of our d/mt psychologists in CA could also respond re their
> perspective.
>
>
>
> Susan Kleinman, MA, ADTR, NCC
>