Texas § OC.504.002 - EXEMPTIONS

§ OC.504.002. EXEMPTIONS

EXEMPTIONS; APPLICABILITY. (a) A person is exempt from this chapter if the person does not: (1) directly or indirectly represent to the public that the person is licensed under this chapter; and (2) use any name, title, or designation indicating that the person is licensed under this chapter. (b) This chapter does not apply to an activity or service of a person who: (1) is employed as a counselor by a federal institution and is providing chemical dependency counseling within the scope of the person's employment; (2) except as provided by Section 504.1515 , is a student, intern, or trainee pursuing a supervised course of study in counseling at a regionally accredited institution of higher education or training institution, if the person: (A) is designated as a "counselor intern"; and (B) is engaging in the activity or providing the service as part of the course of study; (3) is not a resident of this state, if the person: (A) engages in the activity or provides the service in this state for not more than 30 days during any year; and (B) is authorized to engage in the activity or provide the service under the law of the state of the person's residence; (4) is a licensed physician, psychologist, professional counselor, or social worker; (5) is a religious leader of a congregation providing pastoral chemical dependency counseling within the scope of the person's duties; (6) is working for or providing counseling with a program exempt under Subchapter C , Chapter 464 , Health and Safety Code; (7) is a school counselor certified by the State Board for Educator Certification; or (8) provides chemical dependency counseling through a program or in a facility that receives funding from the Texas Department of Criminal Justice and who is credentialed as: (A) a certified criminal justice addictions professional by the International Certification and Reciprocity Consortium; or (B) having certified criminal justice professional applicant status issued by the Texas Certification Board of Addiction Professionals. (c) A person exempt under this section who obtains a license under this chapter is subject to this chapter to the same extent as any other person who obtains a license under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155 ), Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 564 (H.B. 3145 ), Sec. 2, eff. June 17, 2011. SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT