This page is part of our Guide to California Law Related to Mental Health Professionals: Therapists, Life Coaches, and Others.

All therapists (psychotherapists) and mental health professionals must abide by both a set of laws related to their profession, as well as ethical codes that govern their profession. This includes clinical psychologists, marriage and family therapists (MFTs), clinical social workers (CSWs), professional clinical counselors (PCCs), and psychiatrists.

Are all conversations with a therapist confidential?

Therapists are legally required to maintain confidentiality of almost everything a client tells them, with some exceptions. In particular, if the client makes any credible and specific threats of violence towards themself or others, the therapist may be permitted or even required to break confidentiality and warn others about the threats.

See more at our guide When Can Therapists Break Client Confidentiality?

Is a therapist required to report threats of violence?

A therapist is required to report if their clients make specific threats to harm specific people. They must report this to law enforcement within 24 hours, and must take all reasonable efforts to protect identifiable victims of potential harm.¹California Welfare and Institutions Code sections 8100 and 8105; Tarasoff v. California Board of Regents This may include warning the potential victim, but if warning is not possible or helpful, it is not required.²Civil Code 43.92

Therapists are required to treat communications from a client’s family member about the client posing a threat as equivalent to direct communications from the client.³Ewing v Goldstein, 15 Cal Rptr. 3d 864 (Cal. Ct. App. 2004).

The client would then be barred from possessing a gun for 5 years.

Is a California therapist allowed to practice therapy virtually with clients in another state?

Providing services by phone or internet to a client physically located in another state could be considered practicing without a license, under that other state’s laws. It is also a violation of California regulations.⁴California Code of Regulations, Title 16, Division 18, section 1815.5(e) This generally applies even if the client is there on vacation.

See more at our Guide to Telehealth Rules for Therapists in California.

Is a California therapist allowed to provide telehealth therapy while out of state if the client is in California?

It generally does not matter where the therapist is physically located at the time of service, as long as client is in California.

See more at our Guide to Telehealth Rules for Therapists in California.

Is it illegal for a therapist to use a technique with a client for which they have not had proper training?

Generally, yes, it would be illegal for a therapist to function outside of their competency, based on their education, training, and experience.⁵“A psychologist shall not function outside his or her particular field or fields of competence as established by education, training, and experience.” Cal. Code Regs. Title 16, Sec 1396 That said, with the client’s consent, the therapist may use a technique that is less familiar to the therapist, with appropriate supervision from another therapist.

Are therapists or counselors allowed to practice “conversion therapy” to attempt to change someone’s sexual orientation?

It is illegal in California for a mental health provider, including a therapist or counselor, to attempt to change a minor’s (under 18 years old) sexual orientation.⁶SB 1172 (2012) This is sometimes known as “conversion therapy” or “reparative therapy.”

Is it illegal for a therapist to have sex with a client?

Yes, it is illegal for a therapist to have sex with a current client or patient, or to terminate the therapy relationship for the purpose of having sex. This is a crime of “sexual exploitation,” which can result in up to 6 months in jail for the therapist.⁷California Business and Professions Code Sec 729

It is also a violation of ethics codes to have sex with a former client or a client’s immediate family member, until at least 2 years after the end of the therapy relationship.⁸Sexual contact with a client/patient, or a client’s/patient’s spouse or partner, or a client’s/patient’s immediate family member, during the therapeutic relationship, or during the two years following the termination of the therapeutic relationship, is unethical. CAMFT Code of Ethics 4.5

Are therapists required to provide specific information or notices to clients?

Yes, as part of “informed consent,” the therapist must provide and explain the following information:

• Confidentiality and limits to confidentiality
• The therapist’s education, training, experience
• The nature and goals of treatment
• Fees, billing practices, and cancellation policies
• Risks and benefits of therapy
• Telehealth procedures and risks (if applicable)
• License or registration number, including type of license or registration (e.g. licensed marriage and family therapist, associate clinical social worker, etc.)
• Expiration date of license or registration number

Therapists in California must also provide clients with one of the following notices (depending on the type of license):

“NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints
regarding services provided within the scope of practice of (marriage and family
therapists, licensed educational psychologists, clinical social workers, or
professional clinical counselors). You may contact the board online at
www.bbs.ca.gov, or by calling (916) 574-7830.”⁹BPC Sec 4980.32, 4989.17, 4996.75, 4999.71

“NOTICE TO CONSUMERS: The Department of Consumer Affairs’ Board of Psychology receives and responds to questions and complaints regarding the practice of psychology. If you have questions or complaints you may contact the Board on the Internet at www.psychology.ca.gov, by e-mailing bopmail@dca.ca.gov, calling 1-866-503-3221 or writing to the following address:

Board of Psychology
1625 North Market Blvd, Suite N-215
Sacramento, CA 95834″¹⁰See California BPC section 2936.

What can a client do if a therapist has violated the law or ethics code?

For violations of ethics codes, a therapist may be subject to suspension or revocation of their license. For violations of law or regulations, a client may file a civil lawsuit for malpractice or other grounds, and may also file a complaint against the professional’s license. In extreme cases, criminal charges may be brought against the therapist, potentially resulting in imprisonment.

For complaints about LMFTs, LPCCs, and LCSWs, you can file a complaint with the California Board of Behavioral Sciences (BBS). For clinical psychologists, contact the California Board of Psychology (BoP). For psychiatrists, contact the Medical Board of California (MBC).

Are life coaches or other types of coaches subject to the same laws as therapists?

No, life coaches, wellness coaches, and others, are not generally subject to the same laws regarding confidentiality or reporting as therapists. See more at our Guide to Laws about Life Coaches and Wellness Coaches.

Related

Guide to California Law Related to Mental Health Professionals: Therapists, Life Coaches, and Others

Guide to the Laws and Regulations for California Therapists in Private Practice

Guide to Laws about Mental Health in California

Guide to Laws about Life Coaches and Wellness Coaches in California

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