§ 3273. Exemptions
(a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, social workers, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are clinical mental health counselors or are licensed to practice clinical mental health counseling.
(b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:
(1) in the activities and services of the clergy or leader of any religious denomination, or sect or a Christian Science practitioner when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices of sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority of that church, denomination, or sect;
(2) in employment or rehabilitation counseling;
(3) as an employee of or under contract with the Agency of Human Services, provided the person does not practice psychotherapy as defined in section 3261 of this title;
(4) as a mediator;
(5) in an official evaluation for court purposes;
(6) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not the person is serving for a consideration;
(7) as a respite caregiver, foster care worker, or hospice worker.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter. (Added 1993, No. 98, § 19; amended 1993, No. 222 (Adj. Sess.), § 11; 1995, No. 126 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 23; 1999, No. 52, § 29.)