§ 33-38-103 — Exemptions

(a) Nothing in this act or W.S. 33-38-202 shall be
construed to apply to the activities and services of:
(i) Qualified members of other legally recognized
professions who are otherwise licensed or certified by this
state, such as physicians, psychologists or registered nurses,
from performing services consistent with the laws of this state,
their training and the code of ethics of their professions,
provided they do not represent themselves to be practicing the
professions regulated under this act and do not represent
themselves to be professional counselors, clinical social
workers, marriage and family therapists or addiction therapists,
or certified social workers, certified addictions practitioners
or certified mental health workers;
(ii) Repealed By Laws 1997, ch. 153, § 2.
(iii) A student pursuing a course of study in these
professions in an accredited institution of higher education if
these activities are performed under clinical supervision and
constitute a part of the supervised course of study, provided
that such a person be designated a "student";
(iv) Nonresidents who render services in this state
for not more than thirty (30) days during any calendar year,
provided that the persons are duly authorized to perform the
activities and services under the laws of the state or county of
the person's residency;
(v) A rabbi, priest, minister, clergy or any person
acting as a lay religious counselor of any religious
denomination or sect provided the activities and services are
within the scope of the performance of regular or specialized
ministerial duties, the counseling is clearly identified as
being based on religious principles and there is no fee for
services regulated under this act. This paragraph does not
preclude acceptance of donations of any kind;
(vi) Persons offering unpaid volunteer services for
organizations or charities provided that these persons are
approved by the organizations or agencies for whom the services
are rendered;
(vii) School social workers and school counselors
certified under the professional teaching standards board when
employed by local school districts.
(b) Repealed by Laws 1993, ch. 181, § 3.
(c) Nothing in this act shall prevent a qualified person
exempted by this section from being licensed or certified under
this act.
(d) Nothing in this act shall prevent persons who are not
licensed or certified under this act from providing nonclinical
case management services to assist the client. Case management
services include advocacy, crisis intervention, linkage,
monitoring and followup and referral. For purposes of this
subsection:
(i) "Advocacy" means advocacy on behalf of a specific
client for the purpose of accessing needed services;
(ii) "Crisis intervention" means intervention and
stabilization provided in situations requiring immediate action
or resolution for a specific client. The case manager may
provide the initial intervention in a crisis situation and
assist the client in gaining access to other needed clinical
crisis intervention;
(iii) "Linkage" means working with clients or service
providers to secure access to services. Activities include
making telephone calls to agencies to arrange appointments or
services following the initial referral process and preparing
clients for appointments;
(iv) "Monitoring and followup" means contacting the
client or others to ensure that a client is following a
prescribed service plan and monitoring the progress and impact
of that plan;
(v) "Referral" means arranging initial appointments
with service providers or informing clients of services
available and addresses and telephone numbers of agencies
providing services.
(e) Nothing in this act shall prevent persons who are not
licensed or certified under this act from advising or directing
an individual regarding the conduct and behavior required as a
participant of a program or system.
(f) Nothing in this act shall prevent persons who are not
licensed or certified under this act from providing
facilitation, leadership or instruction in educational programs
addressing behaviors or life skills. This subsection shall not
apply to persons providing facilitation, leadership or
instruction to persons in the custody of the department of
corrections unless the persons in custody have been subjected to
mental health screening.