Rules & Regulations of the State of Tennessee Title 0450 - Counselors and Marital/Family Therapists
Tennessee Rules & Regulations – Title 0450: Counselors & Marital/Family Therapists
Title 0450 governs the licensing, practice, ethics, and disciplinary actions for Professional Counselors and Marital and Family Therapists in Tennessee. The rules are enforced by the Tennessee Board for Professional Counselors, Marital and Family Therapists, and Clinical Pastoral Therapists.
1. Scope of Practice
Professional Counselors:
Provide counseling services for mental health, emotional, or behavioral issues.
Work with individuals, groups, or families.
Cannot prescribe medications or perform services reserved for psychologists or medical doctors.
Marital and Family Therapists:
Diagnose and treat mental health issues within family systems.
Provide therapy for individuals, couples, and families.
Must practice in accordance with professional ethics and the limits of their training.
Key point: Practicing outside this scope (e.g., claiming to provide services not authorized by licensure) can result in disciplinary action.
2. Licensure and Certification Requirements
To be licensed as a counselor or marital/family therapist in Tennessee, applicants must:
Submit a completed application and fees.
Provide documentation of education and supervised experience.
Pass a board-approved examination.
Undergo a criminal background check.
Temporary Licenses: May be granted to applicants who meet all qualifications except supervised experience. They must practice under supervision until full licensure is granted.
Important: Practicing without a license is a serious violation and can lead to revocation, fines, or legal action.
3. Use of Titles
Only licensed individuals may use the titles:
Licensed Professional Counselor (LPC)
Licensed Marital and Family Therapist (LMFT)
Using these titles without licensure is illegal and can result in disciplinary action.
Exceptions: Religious counselors providing pastoral counseling or other licensed professionals (like physicians) practicing within their scope.
4. Ethical Standards
Licensed therapists must follow ethical standards including:
Confidentiality: Client communications are protected, except for mandatory reporting (e.g., child abuse).
Professional Conduct: Avoid dual relationships that impair judgment or exploit clients.
American Association for Marriage and Family Therapy (AAMFT) Ethics: Adopted for marital/family therapists unless state law conflicts.
Violation of ethics can lead to disciplinary actions including license suspension or revocation.
5. Disciplinary Actions
The Tennessee Board may take action against a licensee for:
Practicing without a license.
Unethical conduct or professional negligence.
Misrepresentation of credentials or services.
Criminal conviction affecting fitness to practice.
Types of disciplinary actions:
Reprimand – Formal warning.
Probation – Conditional practice with supervision.
Suspension – Temporary loss of license.
Revocation – Permanent loss of license.
Civil penalties – Fines ranging from $500–$1,000 depending on severity.
Procedure: The licensee receives notice, can request a hearing, and may appeal board decisions.
6. Tennessee Case Law Examples
A. Kim Renae Nelson v. Loring E. Justice
Court reviewed a marital/family therapist’s role in a custody dispute.
The therapist provided individual therapy against court orders.
Result: Court removed the therapist from the case.
Lesson: Therapists must adhere to both ethical rules and court orders; failure can have legal consequences.
B. Disciplinary Enforcement Example
A counselor was disciplined for failing to appear at a board hearing.
Board revoked the license due to administrative default.
Lesson: Compliance with board procedures is critical; ignoring board communications can lead to automatic sanctions.
C. Privilege and Confidentiality
Tennessee law protects client communications (therapist-client privilege), except for mandatory reporting like child abuse.
Therapists who violate confidentiality without legal justification may face both legal liability and board discipline.
7. Summary Table of Key Rules
| Topic | Key Requirement |
|---|---|
| Licensure | Must complete education, supervised experience, examination, and background check |
| Scope of Practice | Limited to counseling or family therapy services; cannot prescribe medication |
| Titles | Only licensed individuals may use LPC or LMFT titles |
| Ethics | Confidentiality, professional conduct, and adherence to AAMFT code |
| Discipline | Reprimand, probation, suspension, revocation, fines |
| Legal Oversight | Compliance with court orders and administrative rules is mandatory |
Takeaway: Tennessee’s Title 0450 ensures that only qualified, ethical, and licensed professionals provide counseling and marital/family therapy. It balances public protection, professional standards, and legal accountability. Violations of licensure rules, ethics, or court orders can lead to disciplinary actions, fines, or revocation, as demonstrated in relevant case law.
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