§ 90-332.1. Exemptions from licensure. - North Carolina Statutes

§ 90‑332.1.  Exemptionsfrom licensure.

(a)        It is not theintent of this Article to regulate members of other regulated professions whodo counseling in the normal course of the practice of their profession.Accordingly, this Article does not apply to:

(1)        Lawyers licensedunder Chapter 84, doctors licensed under Chapter 90, and any other personregistered, certified, or licensed by the State to practice any otheroccupation or profession while rendering counseling services in the performanceof the occupation or profession for which the person is registered, certified,or licensed.

(2)        Any school counselorcertified by the State Board of Education while counseling within the scope ofemployment by a board of education or private school.

(3)        Any student internor trainee in counseling pursuing a course of study in counseling in aregionally accredited institution of higher learning or training institution,if the intern or trainee is a designated "counselor intern" and theactivities and services constitute a part of the supervised course of study.

(4)        Repealed by SessionLaws 2009‑367, s. 3, effective October 1, 2009.

(4a)      Any person counselingwithin the scope of employment at: (i) a local community college as defined inG.S. 115D‑2(2); (ii) a public higher education institution as defined inG.S. 116‑2(4); or (iii) a private higher education institution as definedin G.S. 116‑22(1).

(4b)      Repealed by SessionLaws 2009‑367, s. 3, effective October 1, 2009.

(5)        Any ordainedminister or other member of the clergy while acting in a ministerial capacitywho does not charge a fee for the service, or any person invited by a religiousorganization to conduct, lead, or provide counseling to its members when theservice is not performed for more than 30 days a year.

(6)        Any nonresidenttemporarily employed in this State to render counseling services for not morethan 30 days in a year, if the person holds a license or certificate requiredfor counselors in another state.

(7)        Any person employedby State, federal, county, or municipal government while counseling within thescope of employment.

(8)        through (10) Repealed by Session Laws 2009‑367, s. 3, effective October 1, 2009.

(b)        Persons who claimto be exempt under subsection (a) of this section are prohibited from advertisingor offering themselves as "licensed professional counselors".

(c)        Persons licensedunder this Article are exempt from rules pertaining to counseling adopted byother occupational licensing boards.

(d)        Nothing in thisArticle shall prevent a person from performing substance abuse counseling orsubstance abuse prevention consulting as defined in Article 5C of this Chapter. (1993, c. 514,s. 1; 1993 (Reg. Sess., 1994), c. 591, ss. 12, 16(a), 16(b); c. 685, s. 2; 1997‑456,s. 27; 2001‑487, s. 40(l); 2009‑367, s. 3.)