§ 12-245-228 — Unauthorized practice - penalties

(1) Any person who
practices or offers or attempts to practice as a psychologist, social worker,
marriage and family therapist, licensed professional counselor, psychotherapist, or
addiction counselor without an active license, registration, or certification issued
under this article 245 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2) No action may be maintained for the breach of a contract involving the
unlawful practice of psychology, social work, professional counseling, marriage and
family therapy, addiction counseling, or psychotherapy or for the recovery of
compensation for services rendered under such a contract.

(3) When an individual has been the recipient of services prohibited by this
article 245, whether or not the person knew that the rendition of the services were
unlawful:

(a) The person or the person's personal representative is entitled to recover
the amount of any fee paid for the services; and

(b) Damages for injury or death occurring as a result of the services may be
recovered in an appropriate action without any showing of negligence.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1250, � 1, effective October 1.