Mass. Gen. Laws ch. 112, sec. 163 — MA Code / Part I / Title XVI / Chapter 112 / Section 163
Definitions applicable to Secs. 163 to 172
Status: in_force

Section 163. As used in sections one hundred and sixty-three to one hundred and seventy-two, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Allied mental health and human services professional'', a licensed marriage and family therapist, a licensed rehabilitation counselor, a licensed educational psychologist or a licensed mental health counselor. ''Licensed marriage and family therapist'', a person licensed or eligible for licensure under section one hundred and sixty-five. ''Practice of marriage and family therapy'', the rendering of professional services to individuals, family groups, couples or organizations, either public or private for compensation, monetary or otherwise. Said professional services shall include applying principles, methods and therapeutic techniques for the purpose of resolving emotional conflicts, modifying perceptions and behavior, enhancing communications and understanding among all family members and the prevention of family and individual crisis. Individual marriage and family therapists may also engage in psychotherapy of a nonmedical nature with appropriate referrals to psychiatric resources and research and teaching in the overall field of human development and interpersonal relationships. ''Licensed rehabilitation counselor'', a person licensed or eligible for licensure under section one hundred and sixty-five. ''Practice of rehabilitation counseling'', the rendering of professional services for compensation, monetary or otherwise. These professional services would include the application of principles, methods and techniques of the rehabilitation counseling profession such as client assessment, job analysis, vocational assessment, counseling and job development for the purpose of maximizing or restoring the capacities of physically or mentally handicapped individuals for self-sufficiency and independent living including vocational and social functioning and creating those conditions favorable to this goal. The practice of rehabilitation counseling involves the following objectives: assisting individuals in the coordination of appropriate services; counseling with individuals, families or groups; serving an advocacy role with communities or groups toward the provision or implementation of rehabilitation services; research and teaching in the field of rehabilitation counselor education. ''Licensed mental health counselor'', a person licensed or eligible for licensure under section one hundred and sixty-five. ''Licensed supervised mental health counselor'', a person licensed or eligible for license under section 165. ''Practice of mental health counseling'', the rendering of professional services to individuals, families or groups for compensation, monetary or otherwise. These professional services include: applying the principles, methods and theories of counseling, human development, learning theory, group and family dynamics, the etiology of mental illness and dysfunctional behavior and psychotherapeutic techniques to define goals and develop treatment plans aimed toward the prevention, treatment and resolution of mental and emotional dysfunction and intra or interpersonal disorders in all persons irrespective of diagnosis. The practice of mental health counseling shall include, but not be limited to, diagnosis and treatment, counseling and psychotherapy, of a nonmedical nature of mental and emotional disorders and the psychoeducational techniques aimed at prevention of such disorders and consultations to individuals, couples, families, groups, organizations and communities. Practice of mental health counseling in independent practice with individuals diagnosed with psychosis may be undertaken by a licensed mental health counselor: (a) who is licensed under section 165 on or after March 1, 1992; or (b) who was licensed prior to March 1, 1992 and who meets the certification criteria for independent practice with individuals diagnosed with psychosis as established by the board of registration of allied mental health and human services professions. ''Licensed educational psychologist'', a person licensed or eligible for licensure under section one hundred and sixty-five of this chapter and who has been certified as a school psychologist by the Massachusetts department of education; provided, however, that an educational psychologist shall not perform in private practice any of the services for which he is licensed for any student in a school system by which such educational psychologist is employed and provided, further, that an educational psychologist who violates this provision shall have his license suspended for a period to be determined by the board pursuant to the provisions of section one hundred and sixty-nine. ''Practice of educational psychology'', the rendering of professional services to individuals, groups, organizations or the public for compensation, monetary or otherwise. Such professional services include: applying psychological principles, methods and procedures in the delivery of services to individuals, groups, families, educational institutions and staff and community agencies for the purpose of promoting mental health and facilitating learning. Such services may be preventative, developmental or remedial and include psychological and psychoeducational assessment, therapeutic intervention, program planning and evaluation, research, teaching in the field of educational psychology, consultation and referral to other psychiatric, psychological, medical and educational resources when necessary. ''Advertise'', includes, but is not limited to, distributing or causing to be distributed any card, sign or device to any person; or the causing, permitting or allowing of any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by the use of any other means designed to secure public attention. ''Use a title or description of'', means to hold oneself out to the public as having a particular status by means of statements on signs, mailboxes, address plates, stationery, announcement, calling cards or other instruments of professional identification. ''Board'', the Massachusetts board of registration of allied mental health and human services professions. ''Recognized educational institution'', any educational institution which grants a bachelor's, master's, or doctor's degree and which is recognized by the board, or by a nationally or regionally recognized educational or professional accrediting organization; provided, however, that such institution is also approved by the United States Department of Education. ''Approved Continuing Education'', continuing education such as research and training programs, college and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of allied mental health and human services professionals and which are recognized by the board. ''Licensed applied behavior analyst'', an individual who, by training, experience and examination, meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis in the commonwealth. ''Licensed assistant applied behavior analyst'', an individual who, by training, experience and examination, meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis under the supervision of a licensed applied behavior analyst or a physician or psychologist qualified to practice applied behavior analysis if it is consistent with the accepted standards of their respective professions. ''Practice of applied behavior analysis'', the design, implementation and evaluation of systematic instructional and environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvements in human behavior, including the direct observation and measurement of behavior and the environment, the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, and the introduction of interventions based on scientific research and which utilize contextual factors, antecedent stimuli, positive reinforcement and other consequences to develop new behaviors, increase or decrease existing behaviors and elicit behaviors under specific environmental conditions that are delivered to individuals and groups of individuals; provided, however, that the ''practice of applied behavior analysis'' shall not include psychological testing, neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations, hypnotherapy or academic teaching by college or university faculty.

Section 163. As used in sections one hundred and sixty-three to one hundred and seventy-two, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—

''Allied mental health and human services professional'', a licensed marriage and family therapist, a licensed rehabilitation counselor, a licensed educational psychologist or a licensed mental health counselor.

''Licensed marriage and family therapist'', a person licensed or eligible for licensure under section one hundred and sixty-five.

''Practice of marriage and family therapy'', the rendering of professional services to individuals, family groups, couples or organizations, either public or private for compensation, monetary or otherwise. Said professional services shall include applying principles, methods and therapeutic techniques for the purpose of resolving emotional conflicts, modifying perceptions and behavior, enhancing communications and understanding among all family members and the prevention of family and individual crisis. Individual marriage and family therapists may also engage in psychotherapy of a nonmedical nature with appropriate referrals to psychiatric resources and research and teaching in the overall field of human development and interpersonal relationships.

''Licensed rehabilitation counselor'', a person licensed or eligible for licensure under section one hundred and sixty-five.

''Practice of rehabilitation counseling'', the rendering of professional services for compensation, monetary or otherwise. These professional services would include the application of principles, methods and techniques of the rehabilitation counseling profession such as client assessment, job analysis, vocational assessment, counseling and job development for the purpose of maximizing or restoring the capacities of physically or mentally handicapped individuals for self-sufficiency and independent living including vocational and social functioning and creating those conditions favorable to this goal. The practice of rehabilitation counseling involves the following objectives: assisting individuals in the coordination of appropriate services; counseling with individuals, families or groups; serving an advocacy role with communities or groups toward the provision or implementation of rehabilitation services; research and teaching in the field of rehabilitation counselor education.

''Licensed mental health counselor'', a person licensed or eligible for licensure under section one hundred and sixty-five.

''Licensed supervised mental health counselor'', a person licensed or eligible for license under section 165.

''Practice of mental health counseling'', the rendering of professional services to individuals, families or groups for compensation, monetary or otherwise. These professional services include: applying the principles, methods and theories of counseling, human development, learning theory, group and family dynamics, the etiology of mental illness and dysfunctional behavior and psychotherapeutic techniques to define goals and develop treatment plans aimed toward the prevention, treatment and resolution of mental and emotional dysfunction and intra or interpersonal disorders in all persons irrespective of diagnosis. The practice of mental health counseling shall include, but not be limited to, diagnosis and treatment, counseling and psychotherapy, of a nonmedical nature of mental and emotional disorders and the psychoeducational techniques aimed at prevention of such disorders and consultations to individuals, couples, families, groups, organizations and communities.

Practice of mental health counseling in independent practice with individuals diagnosed with psychosis may be undertaken by a licensed mental health counselor: (a) who is licensed under section 165 on or after March 1, 1992; or (b) who was licensed prior to March 1, 1992 and who meets the certification criteria for independent practice with individuals diagnosed with psychosis as established by the board of registration of allied mental health and human services professions.

''Licensed educational psychologist'', a person licensed or eligible for licensure under section one hundred and sixty-five of this chapter and who has been certified as a school psychologist by the Massachusetts department of education; provided, however, that an educational psychologist shall not perform in private practice any of the services for which he is licensed for any student in a school system by which such educational psychologist is employed and provided, further, that an educational psychologist who violates this provision shall have his license suspended for a period to be determined by the board pursuant to the provisions of section one hundred and sixty-nine.

''Practice of educational psychology'', the rendering of professional services to individuals, groups, organizations or the public for compensation, monetary or otherwise.

Such professional services include: applying psychological principles, methods and procedures in the delivery of services to individuals, groups, families, educational institutions and staff and community agencies for the purpose of promoting mental health and facilitating learning. Such services may be preventative, developmental or remedial and include psychological and psychoeducational assessment, therapeutic intervention, program planning and evaluation, research, teaching in the field of educational psychology, consultation and referral to other psychiatric, psychological, medical and educational resources when necessary.

''Advertise'', includes, but is not limited to, distributing or causing to be distributed any card, sign or device to any person; or the causing, permitting or allowing of any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by the use of any other means designed to secure public attention.

''Use a title or description of'', means to hold oneself out to the public as having a particular status by means of statements on signs, mailboxes, address plates, stationery, announcement, calling cards or other instruments of professional identification.

''Board'', the Massachusetts board of registration of allied mental health and human services professions.

''Recognized educational institution'', any educational institution which grants a bachelor's, master's, or doctor's degree and which is recognized by the board, or by a nationally or regionally recognized educational or professional accrediting organization; provided, however, that such institution is also approved by the United States Department of Education.

''Approved Continuing Education'', continuing education such as research and training programs, college and university courses, in-service training programs, seminars and conferences designed to maintain and enhance the skills of allied mental health and human services professionals and which are recognized by the board.

''Licensed applied behavior analyst'', an individual who, by training, experience and examination, meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis in the commonwealth.

''Licensed assistant applied behavior analyst'', an individual who, by training, experience and examination, meets the requirements for licensing by the board and is duly licensed to engage in the practice of applied behavior analysis under the supervision of a licensed applied behavior analyst or a physician or psychologist qualified to practice applied behavior analysis if it is consistent with the accepted standards of their respective professions.

''Practice of applied behavior analysis'', the design, implementation and evaluation of systematic instructional and environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvements in human behavior, including the direct observation and measurement of behavior and the environment, the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, and the introduction of interventions based on scientific research and which utilize contextual factors, antecedent stimuli, positive reinforcement and other consequences to develop new behaviors, increase or decrease existing behaviors and elicit behaviors under specific environmental conditions that are delivered to individuals and groups of individuals; provided, however, that the ''practice of applied behavior analysis'' shall not include psychological testing, neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations, hypnotherapy or academic teaching by college or university faculty.