The Law and Different Types of Psychotherapists

The four most common psychotherapy professions in California are marriage and family therapists (MFT), psychologists, social workers, and psychiatrists. Each of these professions are covered under at least four different, but interrelated, sections of statute. Note, however, that though there are different statutes that cover and regulate these different disciplines, there are many provisions in the law that apply to all professions.

For example, while the Business and Professions Code has separate chapters that address the professions of social work and MFTs, the duty to protect established under the CA statute (which was passed by the legislature after the Tarasoff decisions) applies to all psychotherapists. One of the more critical elements of understanding mental health law as it applies to clinical practice is understanding how the law is applied to each profession, and also when the laws addressing specific professional disciplines render some laws inapplicable to those in another profession.