In a closely watched case the Texas Supreme Court affirmed that Marriage and Family Therapists (MFTs) have the right to make diagnoses.

The Texas Medical Association (TMA) brought suit against the Texas State Board of Examiners of Marriage and Family Therapists alleging that the Texas Licensed Marriage and Family Therapists Act did not permit MFTs to make diagnoses and that in doing so they were engaging in the unlicensed practice of medicine. The TMA argued that Texas Medical Practice Act reserved the right to make diagnoses solely to physicians.

The Texas Supreme Court reversed the lower courts’ decisions and held that: “Completing our evaluation of the statutes’ [Marriage and Family Therapists Act and Medical Practice Act] relevant language, we conclude that every act that a physician may do is not automatically the unlawful practice of medicine when done by a non-physician, and terminology in one field may overlap with that of another. That the diagnosis of physical and mental diseases and disorders lies within the province of physicians does not preclude MFTs from making diagnostic assessments of emotional, mental, and behavioral problems as part of their efforts to evaluate and remediate mental dysfunctions within the marriage and family setting.”

The case has implications for medical and health service providers in the State of Texas, as it will likely limit attacks on their rights to practice.

The name of the case is: Texas State Board of Examiners of Marriage and Family Therapists, et el. v. Texas Medical Association. The firm’s client the Association of Marital and Family Therapy Boards submitted an amicus curiae brief in support of the Texas State Board of Examiners of Marriage and Family Therapists.