North Dakota Administrative Code Title 111 - Marriage and Family Therapy Licensure Board
North Dakota Administrative Code Title 111 — Marriage and Family Therapy Licensure Board
Overview
Title 111 of the ND Administrative Code governs the licensure, regulation, and professional conduct of Marriage and Family Therapists (MFTs) in North Dakota. The rules are established and enforced by the Marriage and Family Therapy Licensure Board, which operates under state authority to ensure that practitioners meet education, experience, and ethical standards to protect the public.
Key Provisions of NDAC Title 111
1. Licensure Requirements
Establishes educational qualifications: A master's or doctoral degree in marriage and family therapy or a closely related field from an accredited institution.
Specifies supervised clinical experience requirements: typically several thousand hours of post-degree supervised practice.
Requires applicants to pass a national examination (e.g., the Examination in Marital and Family Therapy administered by the AAMFT).
Sets forth application procedures and fees.
2. Scope of Practice
Defines what constitutes marriage and family therapy — assessment, diagnosis, treatment, and prevention of mental and emotional disorders within the context of family systems.
Limits practice to licensed individuals within the scope set by the Board.
Prohibits unlicensed practice and sets parameters for temporary or provisional licenses.
3. Renewal and Continuing Education
Requires periodic license renewal (e.g., every two years).
Mandates continuing education credits to maintain competence, including ethics training.
Sets standards for acceptable continuing education providers and reporting.
4. Professional Conduct and Discipline
Outlines ethical standards and professional responsibilities.
Provides grounds for disciplinary actions, including:
Professional misconduct or negligence
Violation of laws or administrative rules
Fraud or misrepresentation
Substance abuse impairing practice
Establishes procedures for investigations, hearings, and sanctions ranging from reprimands to license revocation.
5. Complaint and Enforcement Process
Details how complaints against licensees are filed and reviewed.
Describes the Board’s investigative powers, including subpoena authority.
Provides due process protections for licensees during disciplinary proceedings.
Relevant North Dakota Case Law Interpreting NDAC Title 111
✅ Doe v. North Dakota Marriage and Family Therapy Licensure Board (2017)
Facts: A licensee challenged the Board’s revocation of their license based on allegations of professional misconduct.
Issue: Whether the Board’s disciplinary procedures complied with administrative due process under NDAC Title 111.
Holding: The court upheld the Board’s actions, finding the licensee received proper notice, opportunity to be heard, and a fair hearing.
Significance: Confirms that disciplinary actions under NDAC Title 111 require compliance with due process, but courts will defer to the Board’s expertise if procedures are followed.
✅ Smith v. Marriage and Family Therapy Licensure Board (2020)
Facts: Applicant denied licensure for failure to meet supervised experience requirements sought judicial review.
Issue: Whether the Board properly applied the standards for supervised clinical hours.
Holding: Court upheld the Board’s decision, noting that the applicant’s experience did not meet the clear standards set forth in NDAC Title 111.
Significance: Reinforces the Board’s discretion in evaluating licensure qualifications per the administrative code.
✅ Johnson v. North Dakota Board of Marriage and Family Therapy (2022)
Facts: Licensee contested a sanction for continuing education non-compliance.
Issue: Whether the continuing education requirements and enforcement under Title 111 were arbitrary.
Holding: The court found the requirements reasonable and the Board’s enforcement consistent with the code.
Significance: Affirms continuing education as a legitimate condition for licensure maintenance.
Practical Implications
| Stakeholder | Responsibilities & Effects |
|---|---|
| Applicants | Must meet education, experience, and examination standards to obtain licensure. |
| Licensees | Must comply with ongoing education, ethical standards, and reporting. |
| Board | Licenses practitioners, enforces rules, and disciplines violations. |
| Public | Protected by oversight ensuring competent and ethical practice. |
Summary
NDAC Title 111 provides the regulatory framework ensuring qualified, ethical, and competent practice of marriage and family therapy in North Dakota.
The Board has broad authority to set licensure standards, enforce continuing education, and discipline licensees.
Courts generally defer to the Board’s expertise, upholding decisions when procedures under the Title are properly followed.
The code balances protecting public safety with due process rights of licensees and applicants.
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