Current through Reg. 50, No. 13; March 28, 2025
(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.
