§453D-6  Exemptions.  (a)  This chapter

shall not apply to:

     (1)  A person doing work

within the duties of the person's profession that overlaps with the practice of

mental health counseling; provided that no such person shall use a title

stating or implying that the person is a "licensed

mental health counselor" or "mental health counselor", or describe or refer to the

person's services as mental health counseling;

     (2)  Any person who is a

duly recognized member of the clergy; provided that the person functions only

within the person's capacity as a member of the clergy; and provided further

that the person does not represent the person to be a "licensed mental health counselor" or "mental health

counselor", or describe or refer to the person's services as mental health

counseling;

     (3)  Any student enrolled in

an accredited educational institution in a recognized program of study leading

towards attainment of a graduate degree in mental health counseling or other

professional field; provided that the student's activities and services are

part of a prescribed course of study supervised by the accredited educational

institution and the student is identified by an appropriate title, including

but not limited to "mental health

counseling student" or "trainee", "clinical psychology student" or "trainee", "social work student"

or "trainee", "marriage and

family counseling student" or

"trainee", or any

title that clearly indicates training status;

     (4)  Any individual who uses

the title of "mental health counselor intern" for the purpose of obtaining clinical experience in

accordance with section 453D‑7(a)(3);

     (5)  Any person employed by

a federal, state, or county government agency in a counseling position, but

only at those times when the employee is carrying out the duties and

responsibilities as a counselor in governmental employment; or

     (6)  Any person who is

obtaining supervised clinical experience for licensure as a psychologist,

social worker, marriage and family therapist, or as another licensed

professional; provided that the person's title indicates a trainee or intern

status; and provided further that the person does not purport to be a "licensed mental health counselor" or "mental health

counselor".

     (b)  Nothing in this chapter shall be construed

to prevent qualified members of other licensed professions as defined by any

law or rule of the department, including but not limited to social workers,

registered nurses, psychologists, marriage and family therapists, or

physicians, from providing mental health counseling or advertising that they

provide mental health counseling to individuals, couples, or families

consistent with the accepted standards of their respective licensed

professions; provided that no such persons shall use a title stating or

implying that they are licensed mental health counselors unless the persons are

licensed pursuant to this chapter.

     (c)  Nothing in this chapter shall be construed

to supersede the regulation of registered rehabilitation specialists from the

department of labor and industrial relations.  Further, no registered

rehabilitation specialist shall use a title stating or implying that the

registered rehabilitation specialist is a licensed mental health counselor

unless the person is licensed pursuant to this chapter. [L 2004, c 209, pt of

§2; am L 2006, c 14, §2; am L 2008, c 206, §1]