§13856. Exemptions to licensure

1.  Other professionals.  Nothing in this chapter may be construed to apply to the activities and services of members of other professions licensed, certified or registered by the State such as, but not limited to, psychiatrists, physicians, psychologists, registered nurses, social workers and substance use disorder counselors performing counseling consistent with the laws of the State governing their practices.

[PL 2017, c. 407, Pt. A, §146 (AMD).]

2.  Government and school employees.  Nothing in this chapter may be construed to apply to the activities and services of an employee or other agent of a recognized academic institution; employee assistance program; a federal, state, county or local government institution, program, agency or facility; or a school committee, school district, school approved for attendance purposes pursuant to Title 20-A, section 2901, school board or board of trustees, provided that the individual is performing those activities solely within the agency or under the jurisdiction of that agency and provided further that a license granted under this chapter is not a requirement for employment.

[PL 1989, c. 465, §3 (NEW); PL 1989, c. 895, §9 (AMD).]

3.  Clergy.  Nothing in this chapter may be construed to apply to the activities and services of any priest, rabbi, clergyman, including a Christian Science healer, or minister of the gospel of any religious denomination when performing counseling services as part of religious duties and in connection with a specific synagogue or church of any religious denomination.

[PL 1989, c. 465, §3 (NEW); PL 1989, c. 895, §9 (AMD).]

4.  Interns.  Nothing in this chapter may be construed to apply to the activities and services of a student, intern or trainee in counseling or marriage and family therapy pursuing a course of study in counseling or marriage and family therapy in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study.

[PL 1989, c. 465, §3 (NEW).]

5.  Lecturers; consultants.  Nothing in this chapter may be construed to apply to the activities and services of visiting lecturers or the occasional services of qualified consultants from outside the State, or the use of occasional services of organizations from outside the State employing qualified counselors.

[PL 1989, c. 465, §3 (NEW).]

6.  Peer groups; self-help groups.  Nothing in this chapter shall be construed to prevent members of peer groups or self-help groups from performing peer counseling solely in the context of the peer groups or self-help groups.

[PL 1989, c. 465, §3 (NEW).]

7.  Management consultants.  Nothing in this chapter applies to the activities and services of any management consultant when performing services, counseling or otherwise, with clients other than private individuals. Such clients include, but are not limited to, for-profit and nonprofit corporations, partnerships, sole proprietorships, academic institutions and governmental entities.

[PL 1989, c. 895, §10 (NEW).]

8.  Educational and career consultants.  Nothing in this chapter applies to the counseling activities of educational, vocational or career consultants when performed as an adjunct to their prime function of educational, vocational or career consultation.

[PL 1989, c. 895, §10 (NEW).]

9.  Human resource and organizational developers.  Nothing in this chapter applies to the counseling activities of human resource developers and organizational developers when this counseling is an adjunct to their prime function.

[PL 1989, c. 895, §10 (NEW).]

10.  Other exemptions.  Nothing in this chapter applies to the activities and services of individuals who practice as expressive art therapists, energy field workers, astrologers, tarot card readers, psychic diviners, aromatherapists, crystal workers, palm readers or practitioners of similar disciplines as determined by the board.

[PL 1989, c. 895, §10 (NEW).]

SECTION HISTORY

PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §§9,10 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 2017, c. 407, Pt. A, §146 (AMD).