§ 90-332.1. Exemptions from licensure.

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(a)It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to:

(1)Lawyers licensed under Chapter 84, doctors licensed under Chapter 90, and any other person registered, certified, or licensed by the State to practice any other occupation or profession while rendering counseling services in the performance of the occupation or profession for which the person is registered, certified, or licensed.

(2)Any school counselor certified by the State Board of Education while counseling within the scope of employment by a board of education or private school.

(3)Any student intern or trainee in counseling pursuing a course of study in counseling in a regionally accredited institution of higher learning or training institution, if the intern or trainee is a designated "counselor intern" and the activities and services constitute a part of the supervised course of study.

(4)Repealed by Session Laws 2009-367, s. 3, effective October 1, 2009.

(4a)Any person counseling within the scope of employment at:

(i)a local community college as defined in G.S. 115D-2(2);

(ii)a public higher education institution as defined in G.S. 116-2(4); or

(iii)a nonprofit postsecondary educational institution as described in G.S. 116-280.

(4b)Repealed by Session Laws 2009-367, s. 3, effective October 1, 2009.

(5)Any ordained minister or other member of the clergy while acting in a ministerial capacity who does not charge a fee for the service, or any person invited by a religious organization to conduct, lead, or provide counseling to its members when the service is not performed for more than 30 days a year.

(6)Any nonresident temporarily employed in this State to render counseling services for not more than 30 days in a year, if the person holds a license or certificate required for counselors in another state.

(7)Any person employed by State, federal, county, or municipal government while counseling within the scope of employment.

(8)through

(10)Repealed by Session Laws 2009-367, s. 3, effective October 1, 2009.

(b)Persons who claim to be exempt under subsection

(a)of this section are prohibited from advertising or offering themselves as "licensed clinical mental health counselors".

(c)Persons licensed under this Article are exempt from rules pertaining to counseling adopted by other occupational licensing boards.

(d)Nothing in this Article shall prevent a person from performing substance abuse counseling or substance abuse prevention consulting as defined in Article 5C of this Chapter. (1993, c. 514, s. 1; 1993 (Reg. Sess., 1994), c. 591, ss. 12, 16(a), 16(b); c. 685, s. 2; 1997-456, s. 27; 2001-487, s. 40(l); 2009-367, s. 3; 2011-145, s. 9.18(e); 2019-240, s. 2(a).)