§ 5 — Persons exempt from licensing requirements; provision of counseling services by nonlicensed individuals; limitations

[ Text of section effective until March 23, 2025. For text effective March 23, 2025, see below.]Section 5. The following individuals shall be exempt from the licensing requirements of this chapter:(a) an educational psychologist, marriage and family therapist, mental health counselor, nurse practitioner, occupational therapist, physician, physician assistant, practical nurse, psychologist, registered nurse, rehabilitation counselor and social worker;(b) an employee or other agent of a recognized academic institution or employee assistance program or a federal, state, county or local government institution, program, agency or facility or school committee, school district, school board or board of regents while performing alcohol and drug counseling duties solely for the respective agency or under the jurisdiction of such agency; provided, however, that a license pursuant to this chapter need not be a requirement for employment in any state, county or municipal agency;(c) an employee of an alcohol or drug treatment program or facility which is licensed or approved by the department pursuant to chapters 111B and 111E; provided, however, that such individual perform alcohol and drug counseling solely within or under the jurisdiction of such program or facility.Nothing in this section shall be construed to prevent qualified members of other professions, including attorneys, Christian Science practitioners or members of the clergy, from providing alcohol or drug counseling consistent with accepted standards of their respective professions; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.Nothing in this section shall be construed to prevent members of peer groups or self-help groups from performing peer group or self-help activities; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.Chapter 111J: Section 5. Unlicensed alcohol and drug counseling prohibited; exemptions; peer group or self-help activities[ Text of section as recodified by 2024, 285, Sec. 11 effective March 23, 2025. For text effective until March 23, 2025, see above.]Section 5. (a) Except as otherwise provided for in this chapter or by regulation, a person who is not licensed or is otherwise exempt from licensing shall not hold themself out as a licensed alcohol and drug counselor and shall not use the title, initials or description of a licensed alcohol and drug counselor or practice or attempt to practice alcohol and drug counseling. Whoever engages in any such unauthorized action shall be subject to a fine of not less than $500. The department may bring a petition in superior court to enjoin such unauthorized action or any other violation of this chapter or a regulation hereunder.(b) The following individuals shall be exempt from the licensing requirements for alcohol and drug counseling under this chapter:(i) an educational psychologist, marriage and family therapist, mental health counselor, nurse practitioner, occupational therapist, physician, physician assistant, practical nurse, psychologist, registered nurse, rehabilitation counselor or social worker;(ii) an employee or other agent of a recognized academic institution or employee assistance program, a federal, state, county or local government institution, program, agency or facility or school committee, school district, school board or board of regents while performing alcohol and drug counseling duties solely for the respective entity or under the jurisdiction of such entity; provided, however, that a license pursuant to this chapter need not be a requirement for employment in any state, county or municipal agency; and(iii) an employee of a treatment program or facility licensed or approved by the department pursuant to chapters 111B and 111E; provided, however, that such individual shall perform alcohol and drug counseling solely within or under the jurisdiction of such program or facility.(c) Nothing in this section shall prevent qualified members of other professions, including attorneys, Christian Science practitioners or members of the clergy, from providing alcohol or drug counseling consistent with accepted standards of their respective professions; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.(d) Nothing in this section shall prevent members of peer groups or self-help groups from performing peer group or self-help activities; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.