4757.41 Exemptions.
4757.41 Exemptions.
(A) This chapter shall not apply to the following:
(1) A person certified by the state board of education under Chapter 3319. of the Revised Code while performing any services within the person’s scope of employment by a board of education or by a private school meeting the standards prescribed by the state board of education under division (D) of section 3301.07 of the Revised Code or in a program operated under Chapter 5126. of the Revised Code for training individuals with mental retardation or other developmental disabilities;
(2) Psychologists or school psychologists licensed under Chapter 4732. of the Revised Code;
(3) Members of other professions licensed, certified, or registered by this state while performing services within the recognized scope, standards, and ethics of their respective professions;
(4) Rabbis, priests, Christian science practitioners, clergy, or members of religious orders and other individuals participating with them in pastoral counseling when the counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices or sponsorship of an established and legally cognizable church, denomination, or sect or an integrated auxiliary of a church as defined in federal tax regulations, paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the individual rendering the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary;
(5) Any person employed in the civil service as defined in section 124.01 of the Revised Code while engaging in social work or professional counseling as a civil service employee;
(6) A student in an accredited educational institution while carrying out activities that are part of the student’s prescribed course of study if the activities are supervised as required by the educational institution and if the student does not hold herself or himself out as a person licensed or registered under this chapter;
(7) Until two years after the date the department of alcohol and drug addiction services ceases to administer its process for the certification or credentialing of chemical dependency counselors and alcohol and other drug prevention specialists under section 3793.07 of the Revised Code, as specified in division (B) of that section, or in the case of an individual who has the expiration date of the individual’s certificate or credentials delayed under section 4758.04 of the Revised Code, until the date of the delayed expiration, individuals with certification or credentials accepted by the department under that section who are acting within the scope of their certification or credentials as members of the profession of chemical dependency counseling or as alcohol and other drug prevention specialists;
(8) Individuals who hold a license or certificate under Chapter 4758. of the Revised Code who are acting within the scope of their license or certificate as members of the profession of chemical dependency counseling or alcohol and other drug prevention services;
(9) Any person employed by the American red cross while engaging in activities relating to services for military families and veterans and disaster relief, as described in the “American National Red Cross Act,” 33 Stat. 599 (1905), 36 U.S.C.A. 1, as amended;
(10) Members of labor organizations who hold union counselor certificates while performing services in their official capacity as union counselors;
(11) Any person employed in a hospital as defined in section 3727.01 of the Revised Code or in a nursing home as defined in section 3721.01 of the Revised Code while providing as a hospital employee or nursing home employee, respectively, social services other than counseling and the use of psychosocial interventions and social psychotherapy.
(B) Divisions (A)(5), (9), and (11) of this section do not prevent a person described in those divisions from obtaining a license or certificate of registration under this chapter.
Effective Date: 04-07-2003