§ 12-245-217 — Scope of article - exemptions

(1) A person engaged in the
practice of religious ministry is not required to comply with this article 245; except
that the person shall not publicly claim to hold any title incorporating the term
psychologist, social worker, licensed social worker, LSW, licensed clinical
social worker, LCSW, clinical social worker, licensed marriage and family
therapist, LMFT, licensed professional counselor, LPC, addiction counselor,
licensed addiction counselor, LAC, certified addiction counselor, CAC,
certified addiction specialist, CAS, certified addiction technician, or CAT
unless the person is licensed or certified pursuant to this article 245.

(2) This article 245 does not apply to:

(a) The practice of employment or rehabilitation counseling as performed in
the private and 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;

(b) Employees of the department of human services or the behavioral health
administration in the 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, the behavioral health
administration, or any county department of human or social services for work
undertaken as part of their employment;

(c) Persons who are licensed pursuant to section 22-60.5-210 and who are
not licensed under this article 245 for work undertaken as part of their employment
by, or contractual agreement with, the public schools;

(d) Mediators resolving judicial disputes pursuant to part 3 of article 22 of
title 13;

(e) A person who resides in another state and who is currently licensed or
certified as a psychologist, 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:

(I) Are performed within the scope of the person's license or certification;

(II) Do not exceed twenty days per year in this state;

(III) Are not otherwise in violation of this article 245; and

(IV) Are disclosed to the public that the person is not licensed or certified in
this state;

(f) A professional coach, including a life coach, executive coach, personal
coach, or business 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.

(g) Students who are enrolled in a school program and are practicing as part
of a school practicum or clinical program; or

(h) A professional practicing auricular acudetox in accordance with section
12-245-233.

(i) Repealed.

(3) Nothing in this section limits the applicability of section 18-3-405.5,
which applies to any person while practicing psychotherapy as defined in this
article 245.

(4) The provisions of section 12-245-703 do not apply to an employee of a
behavioral health entity, as defined in section 27-50-101, but a person practicing
outside the scope of employment as an employee of a behavioral health entity is
subject to the provisions of section 12-245-703.

Legislative History

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. L. 2022: IP(2) and (2)(b) amended, (HB 22-1278), ch. 222, p. 1490, � 7, effective July 1; (1), IP(2), IP(2)(e), (2)(e)(I), and (2)(e)(IV) amended, (HB 22-1307), ch. 207, p. 1372, � 5, effective August 10. L. 2023: (2)(g) and (2)(h) amended and (2)(i) added, (HB 23-1003), ch. 363, p. 2186, � 2, effective June 5. L. 2025: (2)(g) and (2)(h) amended and (2)(i) repealed, (SB 25-238), ch. 141, p. 533, � 1, effective April 28; (4) amended, (HB 25-1326), ch. 309, p. 1610, � 2, effective August 6.