32-3286. Unlawful practice; unlawful use of title; violations; classification; civil penalty; exception
A. Except as prescribed in section 32-3271, a person who is not licensed pursuant to this chapter shall not engage in the practice of behavioral health.
B. A person who is not licensed pursuant to this chapter shall not use any of the following designations or any other designation that indicates licensure status, including abbreviations, or claim to be licensed pursuant to this chapter:
1. Licensed professional counselor.
2. Licensed associate counselor.
3. Licensed marriage and family therapist.
4. Licensed associate marriage and family therapist.
5. Licensed clinical social worker.
6. Licensed master social worker.
7. Licensed baccalaureate social worker.
8. Licensed independent substance abuse counselor.
9. Licensed associate substance abuse counselor.
10. Licensed substance abuse technician.
C. A person who is not licensed pursuant to this chapter and who practices or attempts to practice or who holds himself out as being trained and authorized to practice behavioral health, including diagnosing or treating any mental ailment, disease or disorder or other mental condition of any person, without being authorized by law to perform the act is engaging in the unauthorized practice of behavioral health, is in violation of this chapter, is guilty of a class 6 felony and is subject to a civil penalty of not more than $500 for each offense.
D. A person who conspires with or aids and abets another to commit any act described in subsection C of this section is guilty of a class 6 felony and is subject to a civil penalty of not more than $500 for each offense.
E. The board shall notify the department of health services if a licensed health care institution employs or contracts with a person who is investigated pursuant to this section.
F. Each day that a violation is committed constitutes a separate offense.
G. All fees received for services described in this section shall be refunded by the person found guilty pursuant to this section.
H. Notwithstanding subsection A of this section and based on circumstances presented to the board, the board may sanction a person's failure to timely renew a license while continuing to engage in the practice of behavioral health as an administrative violation rather than as a violation of this section or grounds for unprofessional conduct and may impose a civil penalty of not more than $500. The board shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this subsection in the state general fund.