North Carolina § 90-270 - 48A. Exemptions.

§ 90-270. 48A. Exemptions.

This Article does not prevent members of the clergy or licensed, certified, or registered members of professional groups recognized by the Board from advertising or performing services consistent with their own profession. Members of the clergy include, but are not limited to, persons who are ordained, consecrated, commissioned, or endorsed by a recognized denomination, church, faith group, or synagogue. Professional groups the Board shall recognize include, but are not limited to, licensed or certified social workers, licensed clinical mental health counselors, fee-based pastoral counselors, licensed practicing psychologists, psychological associates, physicians, and attorneys-at-law. However, in no event may a person use the title "Licensed Marriage and Family Therapist" or "Licensed Marriage and Family Therapy Associate," use the letters "LMFT" or "LMFTA," or in any way imply that the person is a licensed marriage and family therapist or a licensed marriage and family therapy associate unless the person is licensed as such under this Article. A person is exempt from the requirements of this Article if any of the following conditions are met: The person is (i) enrolled in a master's level program or higher in a recognized educational institution, (ii) under supervision as approved by the Board in a training institution approved by the Board, and (iii) designated by a title such as "marriage and family therapy intern." The person is practicing marriage and family therapy as an employee of a recognized educational institution, or a governmental institution or agency and the practice is included in the duties for which the person was employed by the institution or agency. Repealed by Session Laws 2009-393, s. 3, effective October 1, 2009. The person is practicing marriage and family therapy as an employee of a hospital licensed under Article 5 of Chapter 131E or Article 2 of Chapter 122C of the General Statutes. Provided, however, no such person shall hold himself out as a licensed marriage and family therapist. No such person practicing marriage and family therapy under the exemptions provided by this section shall hold himself or herself out as a licensed marriage and family therapist or licensed marriage and family therapy associate. History (1993 (Reg. Sess., 1994), c. 564, s. 2; 2001-487, s. 40(i); 2009-393, s. 3; 2019-240, s. 3(h).) Editor's Note. - Session Laws 2019-240, s. 3(k), provides: "The Codifier of Rules shall make any conforming rule changes necessary to reflect the name changes made by this act.” Effect of Amendments. - Session Laws 2009-393, s. 3, effective October 1, 2009, in subsection (a), in the last sentence, inserted "or 'Licensed Marriage and Family Therapy Associate'," "or 'LMFTA'," and "or a licensed marriage and family therapy associate"; rewrote subdivision (b)(1); deleted former subdivision (b)(3), which read: "The person is practicing marriage and family therapy as an employee of a nonprofit organization which the Board has determined meets community needs and the practice is included in the duties for which the person was employed by the nonprofit organization."; and added subsection (c). Session Laws 2019-240, s. 3(h), effective January 1, 2020, substituted "clinical mental health counselors" for "professional counselors" in the third sentence of subsection (a). § 90-270.48B: Repealed by Session Laws 2003-117, s. 2, effective October 1, 2003, and applicable to claims for payment or reimbursement for services rendered on or after that date.