| (a) An individual identified to the public as a chemical
dependency counselor must be licensed or exempt under this subchapter.
Except as provided by this section, individuals who are not LCDCs
shall not:
(1) offer or provide chemical dependency counseling
services other than education;
(2) represent themselves as chemical dependency counselors;
or
(3) use any name, title, or designation that implies
licensure as a chemical dependency counselor.
(b) The following individuals are exempt from LCDC
licensure requirements when they offer or provide chemical dependency
counseling services within the scope of their authorized duties and
scope of practice:
(1) counselors employed by federal institutions;
(2) school counselors certified by the Texas Education
Agency;
(3) to the extent such licensees are acting within
the authorized scope of their respective licenses, licensed physicians,
licensed psychologists, licensed professional counselors (LPC), licensed
marriage and family therapists (LMFT), and licensed social workers;
(4) religious leaders of congregations providing pastoral
counseling within the scope of their congregational duties and people
who are working for or providing counseling with a program exempted
under Texas Health and Safety Code, §§464.051 - 464.061
(relating to Faith-Based Chemical Dependency Treatment Programs);
(5) students who are participating in a practicum that
meets the requirements as set forth in §140.407 of this title
(relating to Practicum Standards) as part of a supervised course of
clinical training at a regionally accredited institution of higher
education or a career school or college, as long as they do not hold
themselves out as, or use any name, title, or designation that implies
licensure as a chemical dependency counselor or registration under
this subchapter as a counselor intern; or
(6) 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) Residents of other states are exempt from the LCDC
licensure requirements of this subchapter if they:
(1) are legally authorized to provide chemical dependency
counseling in those states; and
(2) do not offer or provide chemical dependency counseling
in Texas for more than 30 days in any 12-month period.
(d) An individual who qualifies for an exemption but
chooses to obtain an LCDC license from the department under this subchapter
is subject to the same rules and disciplinary actions as other licensees.
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