36-32-12.   Inapplicability of chapter to certain activities and services. This chapter does not apply to the activities and services of a person practicing professional counseling as defined in subdivision 36-32-1(5) as part of that person's duties as a:

             (1)      Professional licensed or certified under this title acting in a manner consistent with state law regarding the scope of practice;

             (2)      Person employed by a school, college, university, or other institution of higher learning;

             (3)      Person employed by a federal, state, county, or local governmental institution or agency while performing those duties for which the person was employed by such institution, agency, or facility;

             (4)      Person who is employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed or registered child welfare agency;

             (5)      Member of the clergy while acting in a ministerial capacity if the activity is within the scope of performance of regular or specialized duties;

             (6)      Post-graduate supervised trainee who has an approved plan of supervision on file with the board;

             (7)      Mental health practitioner who has a minimum of a master's degree in counseling or a related mental health field with a plan of supervision and original transcripts on file with the board before July 1, 2008; or

             (8)      Students enrolled in recognized programs of study leading to counseling degrees may practice only under the direct supervision of a counselor educator or counselor licensed under this chapter.

Source: SL 1990, ch 313, § 12; SL 1998, ch 239, § 6; SL 2007, ch 221, § 3; SL 2009, ch 138, § 9.

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