2005 Idaho Code - 54-3402 — LICENSE REQUIRED -- EXEMPTIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 34
                          COUNSELORS AND THERAPISTS
    54-3402.  LICENSE REQUIRED -- EXEMPTIONS. It shall be unlawful for any
person to engage in any of the following acts:
    (1)  To practice professional counseling or marriage and family therapy
for compensation without first having complied with the provisions of this
chapter and without a valid license as required by this chapter.
    (2)  To represent himself/herself to be a licensed professional counselor
or licensed counselor or licensed marriage and family therapist unless he/she
shall first obtain a license pursuant to this chapter.
    (3)  To make use of any title, words, letters or abbreviations which may
reasonably be confused with a designation provided by this chapter.
    (4)  To materially refuse to furnish the board information or records
required or requested pursuant to this chapter or pursuant to an investigation
commenced pursuant to this chapter.
    Nothing in this chapter shall be construed to apply to the activities and
services of licensed or credentialed members of other professions, such as
physicians, psychologists, registered nurses, social workers, drug and alcohol
counselors, or attorneys performing duties consistent with the laws of this
state, their training, and any code of ethics of their professions, provided
they do not represent themselves by any title or practice description in the
manner prescribed in section 54-3401, Idaho Code.
    Nothing in this chapter shall be construed to apply to the activities,
services and use of an official title on the part of a person certified by the
state to render counseling or marriage and family therapy or
counseling-related services, provided such persons are performing these
activities within the scope of their employment, including school and
vocational counselors.
    Nothing in this chapter shall be construed to apply to the activities and
services of a student or trainee pursuing a course of study in counseling or
in marriage and family therapy in a regionally accredited institution of
higher education or training institution, if these activities are performed
under supervision and constitute a part of the supervised course of study, or
of an intern in counseling acting under the direct supervision of a licensed
professional counselor in private practice as established and limited by rules
of the board, provided, that such person be designated, for example, a
"counselor intern" or "marriage and family therapy intern."
    Nothing in this chapter shall be construed to apply to the activities and
services of a person obtaining their postgraduate marriage and family therapy
clinical experience, provided these activities are provided under supervision,
and provided they have registered according to procedures to be established by
the board.
    Nothing in this chapter shall be construed to apply to a nonresident whose
counseling or marriage and family therapy activities and services are rendered
not more than ten (10) days during any calendar year, provided that such a
person is duly authorized to perform such activities and services under the
laws of the state or country of that person's residence.
    Nothing in this chapter shall be construed to apply to the activities and
services of any religious denomination or sect or faith-based counseling of
any kind.
    Nothing in this chapter shall be construed to apply to the activities and
descriptions of persons offering volunteer or professional services for public
and private nonprofit organizations or agencies for which the services are
rendered.