(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.
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