Current through Reg. 49, No. 38; September 20, 2024
(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.
