Daniel Hogan's study: regulating psychotherapy in USA

This is taken from a paper written by AM
"Has the government has considered the use of the criminal law. Daniel Hogan's 4 volume study of regulation of psychotherapists in USA has the idea that -

"Where special dangers are identified in the psychotherapeutic process and where traditional avenues of dealing with them are ineffective, special laws should be enacted. Existing fraud and sexual harassment laws should be strengthened and used to prevent some of the abuses that currently occur in professional practice. This alone would obviate much of the need for licensing."
('Professional Regulation as Facilitation, not Control' in Ethically Challenged Professions...enabling innovation and diversity in psychotherapy and counselling - Bates and House - PCCS Books, 2003

Hogan devoted Volume III of his massive 4 volume study The Regulation of Psychotherapists to a description of malpractice law and a review of malpractice suits on professional practice in particular (Volume II provided a comprehensive analysis of all laws potentially regulating psychotherapists in the USA at the time of writing). Volume III involved analysing 300 decisions from the different legal systems of the different US states. In other words his recommendation that the criminal law is examined in this way arises out of a very detailed understanding of the ways the law can be used.

What have others said? And has there been any statement by Government that this path has been considered and rejected? AM