(1) Any person engaged in the practice of religious ministry shall not be required to comply with the provisions of this article 245; except that the person shall not hold himself or herself out to the public by any title incorporating the terms "psychologist", "social worker", "licensed social worker", "LSW", "licensed clinical social worker", "clinical social worker", "LCSW", "licensed marriage and family therapist", "LMFT", "licensed professional counselor", "LPC", "addiction counselor", "licensed addiction counselor", "LAC", "certified addiction counselor", or "CAC" unless that person has been licensed or certified pursuant to this article 245.
(2) The provisions of this article 245 shall not apply to:
The practice of employment or rehabilitation counseling as performed in the privateand public sectors; except that the provisions of this article 245 shall apply to employment or rehabilitation counselors practicing psychotherapy in the field of mental health;
Employees of the state department of human services, employees of county departments of human or social services, or personnel under the direct supervision and control of the state department of human services or any county department of human or social services for work undertaken as part of their employment;
Persons who are licensed pursuant to section 22-60.5-210 and who are not licensedunder this article 245 for work undertaken as part of their employment by, or contractual agreement with, the public schools;
Mediators resolving judicial disputes pursuant to part 3 of article 22 of title 13;
A person who resides in another state and who is currently licensed or certified as apsychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services are:
Performed within the scope of the person's license or certification;
Do not exceed twenty days per year in this state;
Are not otherwise in violation of this article 245; and
Disclosed to the public that the person is not licensed or certified in this state;
A professional coach, including a life coach, executive coach, personal coach, orbusiness coach, who has had coach-specific training and who serves clients exclusively as a coach, as long as the professional coach does not engage in the practice of psychology, social work, marriage and family therapy, licensed professional counseling, psychotherapy, or addiction counseling, as those practices are defined in this article 245.
Students who are enrolled in a school program and are practicing as part of a schoolpracticum or clinical program; or
A professional practicing auricular acudetox in accordance with section 12-245-233.
Nothing in this section limits the applicability of section 18-3-405.5, which applies toany person while practicing psychotherapy as defined in this article 245.
The provisions of section 12-245-703 do not apply to employees of community mental health centers or clinics as those centers or clinics are defined by section 27-66-101, but persons practicing outside the scope of employment as employees of a facility defined by section 27-66-101 are subject to the provisions of section 12-245-703.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1235, § 1, effective October 1. L. 2020: (2)(e)(IV) amended and (2)(g) and (2)(h) added, (HB 20-1206), ch. 304, p. 1528, § 11, effective July 14.
Editor's note: This section is similar to former § 12-43-215 as it existed prior to 2019. 12-245-218. Title use restrictions. (1) A psychologist, social worker, marriage and family therapist, professional counselor, psychotherapist, or addiction counselor may only use the title for which the person is licensed, certified, or registered under this article 245. Except as provided in section 12-245-306 (3), no other person shall:
Hold himself or herself out to the public by any title or description of services incorporating the terms "licensed clinical social worker", "clinical social worker", "LCSW", "licensed social worker", "LSW", "clinical social worker candidate", "provisional social worker", "SWP", "marriage and family therapist", "LMFT", "MFT", "marriage and family therapist candidate", "MFT candidate", "MFTC", "professional counselor", "licensed professional counselor", "LPC", "licensed professional counselor candidate", "LPCC", "provisional licensed professional counselor", "psychologist", "provisional psychologist",
"psychologist candidate", "psychology", "psychological", "unlicensed psychotherapist",
"addiction counselor", "licensed addiction counselor", "LAC", "certified addiction counselor", or "CAC"; or
State or imply that the person is licensed, certified, or registered to practice socialwork, marriage and family therapy, professional counseling, psychology, psychotherapy, or addiction counseling.
(2) Nothing in this section shall prohibit a person from stating or using the educational degrees that the person has obtained.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1236, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1206), ch. 304, p. 1528, § 12, effective July 14.
Editor's note: This section is similar to former § 12-43-216 as it existed prior to 2019.