§ 17-27-104 — Prohibitions - Penalties

(a) (1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", or "licensed associate marriage and family therapist" and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of: (A) For a first offense, a Class A misdemeanor; and (B) For a second or subsequent offense, a Class D felony. (2) (A) Each violation and conviction shall be deemed a separate offense. (B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded. (3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (B) Court costs; (C) Reasonable attorney's fees; (D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (E) Exemplary or punitive damages in an amount determined by the fact finder. (b) No firm, partnership, or corporation may offer to the public or other firms, partnerships, or corporations any counseling services as specified in § 17-27-102 unless those services are performed or supervised by individuals fully and validly licensed under this chapter.

Legislative History

Acts 1979, No. 593, § 15; A.S.A. 1947, § 71-5215; Acts 1997, No. 244, § 1; 2009, No. 1298, § 1.