§ 25-23.6-10.1-2 — Practice by individuals who are not licensed

Indiana § 25-23.6-10.1-2

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 23.6: BEHAVIORAL HEALTH AND HUMAN
• Ch. 10.1: Addiction Counselors and Clinical Addiction

Text

(a) This article may not be construed to
limit addiction counselor or clinical addiction counselor services
performed by a person who does not use a title specified in this article
and who is any of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate, including a:
(A) social worker licensed under this article;
(B) clinical social worker licensed under this article;
(C) marriage and family therapist licensed under this article;
(D) mental health counselor licensed under this article;
(E) psychologist licensed under IC 25-33;
(F) physician licensed under IC 25-22.5; or
(G) nurse licensed under IC 25-23;
and who has training and experience in addiction counseling.
(2) A student, an intern, or a trainee pursuing a course of study in
medicine or psychology or a course of study to gain licensure
under this article as follows:
(A) In an accredited eligible postsecondary educational
institution or training institution recognized by the Council for
Higher Education Accreditation (CHEA) for undergraduate and
graduate institutions. Accreditation by the Council for
Accreditation of Counseling and Related Educational Programs
or a substantially equivalent accreditation program approved by
the board is required for graduate institutions.
(B) Through a National Association of Alcohol and Drug
Abuse Counselors approved academic education provider; or
(C) By a graduate accumulating experience required for
licensure if:
(i) the services are performed under qualified supervision and
constitute a part of the person's supervised course of study or
other level of supervision; and
(ii) the student or graduate uses a title that contains the term
"intern", "student", or "trainee".
(3) A nonresident of Indiana if the person performs addiction
counseling or therapy in Indiana for not more than:
(A) five (5) days in any one (1) month; or
(B) fifteen (15) days in any one (1) calendar year;
and the person is authorized to perform such services under the
laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions or providing
pastoral counseling or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(8) An employee of a court alcohol and drug program, a drug
court, or a reentry court certified by the office of judicial
administration when performing assigned job duties.
(9) A probation officer when performing assigned job duties.
(b) This section does not prohibit a person referred to in subsection
(a) from qualifying for licensure under this article.

Legislative History

As added by P.L.122-2009, SEC.28. Amended by P.L.161-2018, SEC.35; P.L.49-2019, SEC.6.