CLERGY EXEMPTION LAWS
State of INDIANA
Clergy Exemption Law specifying how licensed clergy can provide counseling/therapy without a state license.
[While most states may have similar exemption laws each student is responsible for understanding the laws in their state.]
Clergy Exemption Law specifying how licensed clergy can provide counseling/therapy without a state license.
[While most states may have similar exemption laws each student is responsible for understanding the laws in their state.]
FOR MORE INFORMATION PLEASE CALL: 317-595-1889 OR EMAIL: [email protected]
INDIANA CODES FOR NON-LICENSED EXEMPT CLERGY
UPDATED 06/17/24
[PLEASE SEE THE HIGHLIGHTED SECTIONS FOR CLERGY EXEMPTIONS]
IC 25-23.6ARTICLE 23.6. BEHAVIORAL HEALTH AND HUMAN SERVICES PROFESSIONALS
Ch. 1.Definitions
Ch. 2.Behavioral Health and Human Services Licensing Board
Ch. 3.Marriage and Family Therapists; Unlawful Practices
Ch. 4.Social Workers; Unlawful Practices
Ch. 4.5.Mental Health Counselors; Unlawful Practices
Ch. 5.Social Worker Licensure
Ch. 6.Privileged Communications
Ch. 7.Disclosure of Educational Background
Ch. 8.Marriage and Family Therapist Licensure
Ch. 8.5.Mental Health Counselor Licensure
Ch. 9.Repealed
Ch. 10.Repealed
Ch. 10.1.Addiction Counselors and Clinical Addiction Counselors; Unlawful Practices; Penalty
Ch. 10.5.Addiction Counselor and Clinical Addiction Counselor Licensure
Ch. 11. Prohibited Practices
MARRIAGE AND FAMILY THERAPIST
As added by P.L.186-1990, SEC.9.
IC 25-23.6-3Chapter 3. Marriage and Family Therapists; Unlawful Practices
25-23.6-3-1Unlawful practices
25-23.6-3-2Exemptions
25-23.6-3-3Violations; penalty
25-23.6-3-4Display of license; contents of promotional material
IC 25-23.6-3-1Unlawful practices
Sec. 1. (a) An individual may not:
(1) profess to be a licensed marriage and family therapist;
(2) use the title:
(A) "licensed marriage and family therapist";
(B) "marriage and family therapist"; or
(C) "family therapist";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist; or
(4) practice marriage and family therapy for compensation;
unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1, or IC 25-33.
(b) An individual may not:
(1) profess to be a licensed marriage and family therapist associate;
(2) use the title:
(A) "licensed marriage and family therapist associate";
(B) "marriage and family therapist associate"; or
(C) "family therapist associate";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist associate; or
(4) practice marriage and family therapy for compensation;
unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1.5, or IC 25-33.
(c) Subsections (a)(4) and (b)(4) do not apply to a person who is described in section 2(a) of this chapter.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.35; P.L.134-2008, SEC.36.
IC 25-23.6-3-2Exemptions
Sec. 2. (a) This article may not be construed to limit the marriage and family therapy services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution if:
(A) the activities are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student uses a title that contains the term "intern" or "trainee".
(3) Not a resident of Indiana if the person performed services in Indiana for not more than five (5) days in any one (1) month and not more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee of or a volunteer for a nonprofit corporation or an organization performing charitable, religious, or educational functions, providing pastoral counseling or other assistance.
(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who provides counseling in the areas of alcohol or drug abuse addictions.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.36; P.L.215-2001, SEC.100; P.L.2-2007, SEC.330; P.L.134-2008, SEC.37; P.L.49-2019, SEC.2.
SOCIAL WORK
IC 25-23.6-4Chapter 4. Social Workers; Unlawful Practices
25-23.6-4-1Unlawful practices
25-23.6-4-2Exemptions
25-23.6-4-3Social service designee
25-23.6-4-3.1Use of case manager or discharge planner title by nonlicensed individuals
25-23.6-4-4Violations; penalty
25-23.6-4-5Display of license; contents of promotional materials
25-23.6-4-6Permitted testimony
IC 25-23.6-4-1Unlawful practices
Sec. 1. An individual may not:
(1) profess to be a social worker, licensed social worker, or licensed clinical social worker;
(2) use the title:
(A) "social worker";
(B) "licensed social worker";
(C) "licensed clinical social worker";
(D) "clinical social worker";
(E) "psychiatric social worker"; or
(F) "psychosocial worker";
(3) use any other title containing the words "social worker", "licensed social worker", or "licensed clinical social worker";
(4) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a social worker, licensed social worker, or licensed clinical social worker; or
(5) practice as a social worker, licensed social worker, or clinical social worker for compensation;
unless the individual is licensed under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.39; P.L.84-2010, SEC.55.
IC 25-23.6-4-2Exemptions
Sec. 2. (a) This article may not be construed to limit the social work or clinical social work services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution accredited by the Council on Social Work Education, or a graduate accumulating experience required for licensure if:
(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) Not a resident of Indiana if the person performed social work in Indiana for not more than five (5) days in any one (1) month or more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee (as defined in IC 25-23.6-1-3.9).
(8) An individual providing services under a contract with the department of child services who:
(A) is employed by an organization that is nationally accredited and in good standing by the Joint Commission, Council on Accreditation, or the Commission on Accreditation of Rehabilitation Facilities;
(B) is directly supervised by a licensed individual who is:
(i) licensed under IC 25-23.6-2, as a social worker, clinical social worker, mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, and acting within the scope of the individual's license;
(ii) licensed as a psychologist under IC 25-33 and acting within the scope of the individual's license; or
(iii) licensed as a physician under IC 25-22.5 who is actively engaged in the practice of psychiatry and acting within the scope of the individual's license; and
(C) meets any additional requirements established by the department of child services.
(9) An individual providing services under a contract with the department of child services who:
(A) has completed a bachelor's degree in social work from:
(i) an eligible postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education or approved by the behavioral health and human services licensing board; or
(ii) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education; and
(B) is employed in a position for which the department of child services has specified that the job may be filled by individuals who have completed a bachelor-level degree in social work or other human services fields but do not need to be licensed.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.40; P.L.244-1999, SEC.2; P.L.215-2001, SEC.101; P.L.2-2007, SEC.331; P.L.122-2009, SEC.27; P.L.104-2015, SEC.3; P.L.192-2017, SEC.4; P.L.49-2019, SEC.3; P.L.192-2019, SEC.1; P.L.211-2019, SEC.37.
MENTAL HEALTH COUNSELOR
IC 25-23.6-4.5Chapter 4.5. Mental Health Counselors; Unlawful Practices
25-23.6-4.5-1Unlawful practices
25-23.6-4.5-2Exemptions
25-23.6-4.5-3Display of license; contents of promotional materials
25-23.6-4.5-4Violations; penalty
IC 25-23.6-4.5-1Unlawful practices
Sec. 1. (a) An individual may not:
(1) profess to be a licensed mental health counselor;
(2) use the title:
(A) "licensed mental health counselor";
(B) "mental health counselor"; or
(C) "mental health therapist";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.
(b) An individual may not:
(1) profess to be a licensed mental health counselor associate;
(2) use the title:
(A) "licensed mental health counselor associate";
(B) "mental health counselor associate"; or
(C) "mental health therapist associate";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.
As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010, SEC.56.
IC 25-23.6-4.5-2Exemptions
Sec. 2. (a) This article may not be construed to limit the mental health counseling services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution, or is a graduate accumulating experience required for licensure if:
(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student or graduate uses a title that contains the term "intern" or "trainee".
(3) Not a resident of Indiana if the person performed the services in Indiana for not more than five (5) days in any one (1) month or fifteen (15) days within any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or providing other assistance.
(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who provides counseling in the areas of alcohol or drug abuse addictions.
(7) A governmental employee who remains in the same job classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.147-1997, SEC.46. Amended by P.L.244-1999, SEC.3; P.L.215-2001, SEC.103; P.L.2-2007, SEC.332; P.L.49-2019, SEC.4.
ADDICTION COUNSELING
IC 25-23.6-10.1Chapter 10.1. Addiction Counselors and Clinical Addiction Counselors; Unlawful Practices; Penalty
25-23.6-10.1-1Prohibited use of certain titles; practice without license; exemptions
25-23.6-10.1-2Practice by individuals who are not licensed
25-23.6-10.1-3Prohibited locations to provide services by individuals who are not licensed
25-23.6-10.1-4Required use of certain titles
25-23.6-10.1-4.5Display of license; promotional materials
25-23.6-10.1-5Testimony
25-23.6-10.1-6Penalties
IC 25-23.6-10.1-1Prohibited use of certain titles; practice without license; exemptions
Sec. 1. (a) Beginning July 1, 2010, an individual may not:
(1) profess to be a licensed addiction counselor or licensed clinical addiction counselor;
(2) use the title:
(A) "licensed addiction counselor";
(B) "licensed clinical addiction counselor";
(C) "licensed clinical addiction therapist";
(D) "licensed addiction therapist";
(E) "addiction counselor";
(F) "addiction therapist";
(G) "clinical addiction counselor";
(H) "clinical addiction therapist";
(I) "substance abuse counselor";
(J) "substance abuse therapist";
(K) "clinical substance abuse counselor"; or
(L) "clinical substance abuse therapist";
(3) use any other title containing the words:
(A) "licensed addiction counselor";
(B) "licensed addiction therapist";
(C) "licensed clinical addiction counselor";
(D) "licensed clinical addiction therapist";
(E) "addiction counselor";
(F) "addiction therapist";
(G) "clinical addiction counselor";
(H) "clinical addiction therapist";
(I) "substance abuse counselor";
(J) "substance abuse therapist";
(K) "clinical substance abuse counselor";
(L) "clinical substance abuse therapist";
(M) "licensed addiction counselor associate"; or
(N) "licensed clinical addiction counselor associate";
(4) use any other:
(A) words;
(B) letters;
(C) abbreviations; or
(D) insignia;
indicating or implying that the individual is a licensed addiction counselor or licensed clinical addiction counselor; or
(5) practice as an addiction counselor or clinical addiction counselor for compensation;
unless the individual is licensed under this article.
(b) Subsection (a)(5) does not apply to a person who is described in section 2(a) or 3 of this chapter.
(c) An individual who is exempt from licensing under section 2(a)(4) of this chapter may use the title "pastoral addiction counselor" and may engage in the practice of addiction counseling for compensation.
As added by P.L.122-2009, SEC.28. Amended by P.L.225-2017, SEC.5.
IC 25-23.6-10.1-2Practice by individuals who are not licensed
Sec. 2. (a) This article may not be construed to limit addiction counselor or clinical addiction counselor services performed by a person who does not use a title specified in this article and who is any of the following:
(1) A licensed or certified health care professional acting within the scope of the person's license or certificate, including a:
(A) social worker licensed under this article;
(B) clinical social worker licensed under this article;
(C) marriage and family therapist licensed under this article;
(D) mental health counselor licensed under this article;
(E) psychologist licensed under IC 25-33;
(F) physician licensed under IC 25-22.5; or
(G) nurse licensed under IC 25-23;
and who has training and experience in addiction counseling.
(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article as follows:
(A) In an accredited eligible postsecondary educational institution or training institution recognized by the Council for Higher Education Accreditation (CHEA) for undergraduate and graduate institutions. Accreditation by the Council for Accreditation of Counseling and Related Educational Programs or a substantially equivalent accreditation program approved by the board is required for graduate institutions.
(B) Through a National Association of Alcohol and Drug Abuse Counselors approved academic education provider; or
(C) By a graduate accumulating experience required for licensure if:
(i) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(ii) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) A nonresident of Indiana if the person performs addiction counseling or therapy in Indiana for not more than:
(A) five (5) days in any one (1) month; or
(B) fifteen (15) days in any one (1) calendar year;
and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions or providing pastoral counseling or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same job classification or job family of that job classification.
(8) An employee of a court alcohol and drug program, a drug court, or a reentry court certified by the office of judicial administration when performing assigned job duties.
(9) A probation officer when performing assigned job duties.
(b) This section does not prohibit a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.122-2009, SEC.28. Amended by P.L.161-2018, SEC.35; P.L.49-2019, SEC.6.
IC 25-23.6-10.1-2Practice by individuals who are not licensed
Sec. 2. (a) This article may not be construed to limit addiction counselor or clinical addiction counselor services performed by a person who does not use a title specified in this article and who is any of the following:
(1) A licensed or certified health care professional acting within the scope of the person's license or certificate, including a:
(A) social worker licensed under this article;
(B) clinical social worker licensed under this article;
(C) marriage and family therapist licensed under this article;
(D) mental health counselor licensed under this article;
(E) psychologist licensed under IC 25-33;
(F) physician licensed under IC 25-22.5; or
(G) nurse licensed under IC 25-23;
and who has training and experience in addiction counseling.
(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article as follows:
(A) In an accredited eligible postsecondary educational institution or training institution recognized by the Council for Higher Education Accreditation (CHEA) for undergraduate and graduate institutions. Accreditation by the Council for Accreditation of Counseling and Related Educational Programs or a substantially equivalent accreditation program approved by the board is required for graduate institutions.
(B) Through a National Association of Alcohol and Drug Abuse Counselors approved academic education provider; or
(C) By a graduate accumulating experience required for licensure if:
(i) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(ii) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) A nonresident of Indiana if the person performs addiction counseling or therapy in Indiana for not more than:
(A) five (5) days in any one (1) month; or
(B) fifteen (15) days in any one (1) calendar year;
and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions or providing pastoral counseling or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same job classification or job family of that job classification.
(8) An employee of a court alcohol and drug program, a drug court, or a reentry court certified by the office of judicial administration when performing assigned job duties.
(9) A probation officer when performing assigned job duties.
(b) This section does not prohibit a person referred to in subsection (a) from qualifying for licensure under this article. As added by P.L.122-2009, SEC.28. Amended by P.L.161-2018, SEC.35; P.L.49-2019, SEC.6.
IC 25-23.6-10.1-3Prohibited locations to provide services by individuals who are not licensed
Sec. 3. A person who is not licensed under this article may provide or ensure the provision of addiction counseling services in:
(1) a health facility licensed under IC 16-28;
(2) a hospital licensed under IC 16-21 or IC 12-25;
(3) a substance abuse facility certified by the division of mental health and addiction as an addiction services regular agency;
(4) a home health agency licensed under IC 16-27-1;
(5) a community health center;
(6) an institution operated by the department of correction; or
(7) a community mental health center under IC 12-21-2-3;
if the person has met all of the requirements established by a credentialing agency approved by the department of mental health and addiction, and the person does not profess to be a licensed addiction therapist or a licensed addiction counselor under this article.
As added by P.L.122-2009, SEC.28.
NCCA Licensed Pastoral Counselor Credential
The National Christian Counselor’s Association (NCCA) Licensing Program is not a state license. In fact, it is distinctly different. Most states have regulatory laws governing the practice of psychology. Many of them also legislate the practice of general counseling. These regulations vary from state to state.
For example, some states have a counselor category called “Licensed Professional Counselor.” These states prohibit NCCA graduates from using the initials “LPC.” Their title must be spelled out, i.e., “NCCA Licensed Pastoral Counselor” . This ensures that the NCCA counselor is operating within legal and ethical standards, and maintaining the public’s trust and confidence.
The major difference between state-licensed professional counselors and Christian counselors, who are licensed by the NCCA and under the authority of the Church, is clear and well-defined. Counselors who have been licensed by the state are held to strict ethical standards which mandate an individual’s right to be free from religious interference. The state licensed professional counselor usually is forbidden to pray, to read or refer to the Scriptures, and/or to counsel against such practices as homosexuality or abortion. The only time a state licensed counselor can legally involve religious (Christian) principles, morals, and activities is when the counselee initiates or requests counsel in those areas.
In sharp contrast, NCCA Pastoral and Christian Counselors are specifically trained to pray, to share their faith, to read the Bible, and to use spiritual principles from Scripture in their counseling practice. The fact that Christian counselors do these things creates a clear distinction between them and secular counselors.
The NCCA requires all who are certified and licensed by its Licensing Board of Examiners to:
New Life Bible Institute & Christian Women's Leadership Academy is fully accredited and authorized as a Certified Academic Institute of The National Christian Counselors Association to provide ongoing continuing education leading to advanced board certifications and personal development units for license renewal.
UPDATED 06/17/24
[PLEASE SEE THE HIGHLIGHTED SECTIONS FOR CLERGY EXEMPTIONS]
IC 25-23.6ARTICLE 23.6. BEHAVIORAL HEALTH AND HUMAN SERVICES PROFESSIONALS
Ch. 1.Definitions
Ch. 2.Behavioral Health and Human Services Licensing Board
Ch. 3.Marriage and Family Therapists; Unlawful Practices
Ch. 4.Social Workers; Unlawful Practices
Ch. 4.5.Mental Health Counselors; Unlawful Practices
Ch. 5.Social Worker Licensure
Ch. 6.Privileged Communications
Ch. 7.Disclosure of Educational Background
Ch. 8.Marriage and Family Therapist Licensure
Ch. 8.5.Mental Health Counselor Licensure
Ch. 9.Repealed
Ch. 10.Repealed
Ch. 10.1.Addiction Counselors and Clinical Addiction Counselors; Unlawful Practices; Penalty
Ch. 10.5.Addiction Counselor and Clinical Addiction Counselor Licensure
Ch. 11. Prohibited Practices
MARRIAGE AND FAMILY THERAPIST
As added by P.L.186-1990, SEC.9.
IC 25-23.6-3Chapter 3. Marriage and Family Therapists; Unlawful Practices
25-23.6-3-1Unlawful practices
25-23.6-3-2Exemptions
25-23.6-3-3Violations; penalty
25-23.6-3-4Display of license; contents of promotional material
IC 25-23.6-3-1Unlawful practices
Sec. 1. (a) An individual may not:
(1) profess to be a licensed marriage and family therapist;
(2) use the title:
(A) "licensed marriage and family therapist";
(B) "marriage and family therapist"; or
(C) "family therapist";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist; or
(4) practice marriage and family therapy for compensation;
unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1, or IC 25-33.
(b) An individual may not:
(1) profess to be a licensed marriage and family therapist associate;
(2) use the title:
(A) "licensed marriage and family therapist associate";
(B) "marriage and family therapist associate"; or
(C) "family therapist associate";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist associate; or
(4) practice marriage and family therapy for compensation;
unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1.5, or IC 25-33.
(c) Subsections (a)(4) and (b)(4) do not apply to a person who is described in section 2(a) of this chapter.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.35; P.L.134-2008, SEC.36.
IC 25-23.6-3-2Exemptions
Sec. 2. (a) This article may not be construed to limit the marriage and family therapy services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution if:
(A) the activities are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student uses a title that contains the term "intern" or "trainee".
(3) Not a resident of Indiana if the person performed services in Indiana for not more than five (5) days in any one (1) month and not more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee of or a volunteer for a nonprofit corporation or an organization performing charitable, religious, or educational functions, providing pastoral counseling or other assistance.
(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who provides counseling in the areas of alcohol or drug abuse addictions.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.36; P.L.215-2001, SEC.100; P.L.2-2007, SEC.330; P.L.134-2008, SEC.37; P.L.49-2019, SEC.2.
SOCIAL WORK
IC 25-23.6-4Chapter 4. Social Workers; Unlawful Practices
25-23.6-4-1Unlawful practices
25-23.6-4-2Exemptions
25-23.6-4-3Social service designee
25-23.6-4-3.1Use of case manager or discharge planner title by nonlicensed individuals
25-23.6-4-4Violations; penalty
25-23.6-4-5Display of license; contents of promotional materials
25-23.6-4-6Permitted testimony
IC 25-23.6-4-1Unlawful practices
Sec. 1. An individual may not:
(1) profess to be a social worker, licensed social worker, or licensed clinical social worker;
(2) use the title:
(A) "social worker";
(B) "licensed social worker";
(C) "licensed clinical social worker";
(D) "clinical social worker";
(E) "psychiatric social worker"; or
(F) "psychosocial worker";
(3) use any other title containing the words "social worker", "licensed social worker", or "licensed clinical social worker";
(4) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a social worker, licensed social worker, or licensed clinical social worker; or
(5) practice as a social worker, licensed social worker, or clinical social worker for compensation;
unless the individual is licensed under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.39; P.L.84-2010, SEC.55.
IC 25-23.6-4-2Exemptions
Sec. 2. (a) This article may not be construed to limit the social work or clinical social work services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution accredited by the Council on Social Work Education, or a graduate accumulating experience required for licensure if:
(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) Not a resident of Indiana if the person performed social work in Indiana for not more than five (5) days in any one (1) month or more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee (as defined in IC 25-23.6-1-3.9).
(8) An individual providing services under a contract with the department of child services who:
(A) is employed by an organization that is nationally accredited and in good standing by the Joint Commission, Council on Accreditation, or the Commission on Accreditation of Rehabilitation Facilities;
(B) is directly supervised by a licensed individual who is:
(i) licensed under IC 25-23.6-2, as a social worker, clinical social worker, mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, and acting within the scope of the individual's license;
(ii) licensed as a psychologist under IC 25-33 and acting within the scope of the individual's license; or
(iii) licensed as a physician under IC 25-22.5 who is actively engaged in the practice of psychiatry and acting within the scope of the individual's license; and
(C) meets any additional requirements established by the department of child services.
(9) An individual providing services under a contract with the department of child services who:
(A) has completed a bachelor's degree in social work from:
(i) an eligible postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education or approved by the behavioral health and human services licensing board; or
(ii) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education; and
(B) is employed in a position for which the department of child services has specified that the job may be filled by individuals who have completed a bachelor-level degree in social work or other human services fields but do not need to be licensed.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.40; P.L.244-1999, SEC.2; P.L.215-2001, SEC.101; P.L.2-2007, SEC.331; P.L.122-2009, SEC.27; P.L.104-2015, SEC.3; P.L.192-2017, SEC.4; P.L.49-2019, SEC.3; P.L.192-2019, SEC.1; P.L.211-2019, SEC.37.
MENTAL HEALTH COUNSELOR
IC 25-23.6-4.5Chapter 4.5. Mental Health Counselors; Unlawful Practices
25-23.6-4.5-1Unlawful practices
25-23.6-4.5-2Exemptions
25-23.6-4.5-3Display of license; contents of promotional materials
25-23.6-4.5-4Violations; penalty
IC 25-23.6-4.5-1Unlawful practices
Sec. 1. (a) An individual may not:
(1) profess to be a licensed mental health counselor;
(2) use the title:
(A) "licensed mental health counselor";
(B) "mental health counselor"; or
(C) "mental health therapist";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.
(b) An individual may not:
(1) profess to be a licensed mental health counselor associate;
(2) use the title:
(A) "licensed mental health counselor associate";
(B) "mental health counselor associate"; or
(C) "mental health therapist associate";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.
As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010, SEC.56.
IC 25-23.6-4.5-2Exemptions
Sec. 2. (a) This article may not be construed to limit the mental health counseling services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution, or is a graduate accumulating experience required for licensure if:
(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student or graduate uses a title that contains the term "intern" or "trainee".
(3) Not a resident of Indiana if the person performed the services in Indiana for not more than five (5) days in any one (1) month or fifteen (15) days within any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or providing other assistance.
(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who provides counseling in the areas of alcohol or drug abuse addictions.
(7) A governmental employee who remains in the same job classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.147-1997, SEC.46. Amended by P.L.244-1999, SEC.3; P.L.215-2001, SEC.103; P.L.2-2007, SEC.332; P.L.49-2019, SEC.4.
ADDICTION COUNSELING
IC 25-23.6-10.1Chapter 10.1. Addiction Counselors and Clinical Addiction Counselors; Unlawful Practices; Penalty
25-23.6-10.1-1Prohibited use of certain titles; practice without license; exemptions
25-23.6-10.1-2Practice by individuals who are not licensed
25-23.6-10.1-3Prohibited locations to provide services by individuals who are not licensed
25-23.6-10.1-4Required use of certain titles
25-23.6-10.1-4.5Display of license; promotional materials
25-23.6-10.1-5Testimony
25-23.6-10.1-6Penalties
IC 25-23.6-10.1-1Prohibited use of certain titles; practice without license; exemptions
Sec. 1. (a) Beginning July 1, 2010, an individual may not:
(1) profess to be a licensed addiction counselor or licensed clinical addiction counselor;
(2) use the title:
(A) "licensed addiction counselor";
(B) "licensed clinical addiction counselor";
(C) "licensed clinical addiction therapist";
(D) "licensed addiction therapist";
(E) "addiction counselor";
(F) "addiction therapist";
(G) "clinical addiction counselor";
(H) "clinical addiction therapist";
(I) "substance abuse counselor";
(J) "substance abuse therapist";
(K) "clinical substance abuse counselor"; or
(L) "clinical substance abuse therapist";
(3) use any other title containing the words:
(A) "licensed addiction counselor";
(B) "licensed addiction therapist";
(C) "licensed clinical addiction counselor";
(D) "licensed clinical addiction therapist";
(E) "addiction counselor";
(F) "addiction therapist";
(G) "clinical addiction counselor";
(H) "clinical addiction therapist";
(I) "substance abuse counselor";
(J) "substance abuse therapist";
(K) "clinical substance abuse counselor";
(L) "clinical substance abuse therapist";
(M) "licensed addiction counselor associate"; or
(N) "licensed clinical addiction counselor associate";
(4) use any other:
(A) words;
(B) letters;
(C) abbreviations; or
(D) insignia;
indicating or implying that the individual is a licensed addiction counselor or licensed clinical addiction counselor; or
(5) practice as an addiction counselor or clinical addiction counselor for compensation;
unless the individual is licensed under this article.
(b) Subsection (a)(5) does not apply to a person who is described in section 2(a) or 3 of this chapter.
(c) An individual who is exempt from licensing under section 2(a)(4) of this chapter may use the title "pastoral addiction counselor" and may engage in the practice of addiction counseling for compensation.
As added by P.L.122-2009, SEC.28. Amended by P.L.225-2017, SEC.5.
IC 25-23.6-10.1-2Practice by individuals who are not licensed
Sec. 2. (a) This article may not be construed to limit addiction counselor or clinical addiction counselor services performed by a person who does not use a title specified in this article and who is any of the following:
(1) A licensed or certified health care professional acting within the scope of the person's license or certificate, including a:
(A) social worker licensed under this article;
(B) clinical social worker licensed under this article;
(C) marriage and family therapist licensed under this article;
(D) mental health counselor licensed under this article;
(E) psychologist licensed under IC 25-33;
(F) physician licensed under IC 25-22.5; or
(G) nurse licensed under IC 25-23;
and who has training and experience in addiction counseling.
(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article as follows:
(A) In an accredited eligible postsecondary educational institution or training institution recognized by the Council for Higher Education Accreditation (CHEA) for undergraduate and graduate institutions. Accreditation by the Council for Accreditation of Counseling and Related Educational Programs or a substantially equivalent accreditation program approved by the board is required for graduate institutions.
(B) Through a National Association of Alcohol and Drug Abuse Counselors approved academic education provider; or
(C) By a graduate accumulating experience required for licensure if:
(i) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(ii) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) A nonresident of Indiana if the person performs addiction counseling or therapy in Indiana for not more than:
(A) five (5) days in any one (1) month; or
(B) fifteen (15) days in any one (1) calendar year;
and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions or providing pastoral counseling or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same job classification or job family of that job classification.
(8) An employee of a court alcohol and drug program, a drug court, or a reentry court certified by the office of judicial administration when performing assigned job duties.
(9) A probation officer when performing assigned job duties.
(b) This section does not prohibit a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.122-2009, SEC.28. Amended by P.L.161-2018, SEC.35; P.L.49-2019, SEC.6.
IC 25-23.6-10.1-2Practice by individuals who are not licensed
Sec. 2. (a) This article may not be construed to limit addiction counselor or clinical addiction counselor services performed by a person who does not use a title specified in this article and who is any of the following:
(1) A licensed or certified health care professional acting within the scope of the person's license or certificate, including a:
(A) social worker licensed under this article;
(B) clinical social worker licensed under this article;
(C) marriage and family therapist licensed under this article;
(D) mental health counselor licensed under this article;
(E) psychologist licensed under IC 25-33;
(F) physician licensed under IC 25-22.5; or
(G) nurse licensed under IC 25-23;
and who has training and experience in addiction counseling.
(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article as follows:
(A) In an accredited eligible postsecondary educational institution or training institution recognized by the Council for Higher Education Accreditation (CHEA) for undergraduate and graduate institutions. Accreditation by the Council for Accreditation of Counseling and Related Educational Programs or a substantially equivalent accreditation program approved by the board is required for graduate institutions.
(B) Through a National Association of Alcohol and Drug Abuse Counselors approved academic education provider; or
(C) By a graduate accumulating experience required for licensure if:
(i) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(ii) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) A nonresident of Indiana if the person performs addiction counseling or therapy in Indiana for not more than:
(A) five (5) days in any one (1) month; or
(B) fifteen (15) days in any one (1) calendar year;
and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions or providing pastoral counseling or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same job classification or job family of that job classification.
(8) An employee of a court alcohol and drug program, a drug court, or a reentry court certified by the office of judicial administration when performing assigned job duties.
(9) A probation officer when performing assigned job duties.
(b) This section does not prohibit a person referred to in subsection (a) from qualifying for licensure under this article. As added by P.L.122-2009, SEC.28. Amended by P.L.161-2018, SEC.35; P.L.49-2019, SEC.6.
IC 25-23.6-10.1-3Prohibited locations to provide services by individuals who are not licensed
Sec. 3. A person who is not licensed under this article may provide or ensure the provision of addiction counseling services in:
(1) a health facility licensed under IC 16-28;
(2) a hospital licensed under IC 16-21 or IC 12-25;
(3) a substance abuse facility certified by the division of mental health and addiction as an addiction services regular agency;
(4) a home health agency licensed under IC 16-27-1;
(5) a community health center;
(6) an institution operated by the department of correction; or
(7) a community mental health center under IC 12-21-2-3;
if the person has met all of the requirements established by a credentialing agency approved by the department of mental health and addiction, and the person does not profess to be a licensed addiction therapist or a licensed addiction counselor under this article.
As added by P.L.122-2009, SEC.28.
NCCA Licensed Pastoral Counselor Credential
The National Christian Counselor’s Association (NCCA) Licensing Program is not a state license. In fact, it is distinctly different. Most states have regulatory laws governing the practice of psychology. Many of them also legislate the practice of general counseling. These regulations vary from state to state.
For example, some states have a counselor category called “Licensed Professional Counselor.” These states prohibit NCCA graduates from using the initials “LPC.” Their title must be spelled out, i.e., “NCCA Licensed Pastoral Counselor” . This ensures that the NCCA counselor is operating within legal and ethical standards, and maintaining the public’s trust and confidence.
The major difference between state-licensed professional counselors and Christian counselors, who are licensed by the NCCA and under the authority of the Church, is clear and well-defined. Counselors who have been licensed by the state are held to strict ethical standards which mandate an individual’s right to be free from religious interference. The state licensed professional counselor usually is forbidden to pray, to read or refer to the Scriptures, and/or to counsel against such practices as homosexuality or abortion. The only time a state licensed counselor can legally involve religious (Christian) principles, morals, and activities is when the counselee initiates or requests counsel in those areas.
In sharp contrast, NCCA Pastoral and Christian Counselors are specifically trained to pray, to share their faith, to read the Bible, and to use spiritual principles from Scripture in their counseling practice. The fact that Christian counselors do these things creates a clear distinction between them and secular counselors.
The NCCA requires all who are certified and licensed by its Licensing Board of Examiners to:
- Be credentialed ministers (ordained, licensed, or commissioned) whose goal is to evangelize and ease the emotional pain and suffering of humanity.
- Provide their service under the authority of a legally organized local church, a national religious organization, or a non-profit Christian organization.
- Complete specialized, continuing training provided by the NCCA or through one of its Certified Academic Institutes.
New Life Bible Institute & Christian Women's Leadership Academy is fully accredited and authorized as a Certified Academic Institute of The National Christian Counselors Association to provide ongoing continuing education leading to advanced board certifications and personal development units for license renewal.