§ 803 -   Exemptions

§ 803. Exemptions

The provisions of subdivision 802(a)(1) of this title, relating to the practice of alcohol and drug abuse counseling, shall not apply to:

(1) The activities and services of a rabbi, priest, minister, Christian Science practitioner, or clergy of any religious denomination or sect when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority of that church, denomination or sect.

(2) The activities and services of a person licensed, certified or registered under other laws of this state while acting within the scope of his or her profession or occupation, provided the person does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter.

(3) The activities and services of a student intern or trainee in alcohol and drug abuse counseling who is pursuing a course of study in an accredited institution of higher education or a training course approved by the director, provided these activities are performed under supervision of and constitute a part of an approved course of study.

(4) The activities and services of approved alcohol and drug counselors who are working under the supervision of a licensed alcohol and drug abuse counselor.

(5) A person acting as a member of a voluntary group of individuals who offer peer support to each other in recovering from an addiction.

The provisions of subdivision 802(a)(1) of this title, relating to the practice of alcohol and drug abuse counseling, shall not apply to:

(1) The activities and services of a rabbi, priest, minister, Christian Science practitioner or clergy of any religious denomination or sect when engaging in activities that are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or when these activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority of that church, denomination or sect.

(2) The activities and services of a person licensed, certified or registered under other laws of this state while acting within the scope of his or her profession or occupation, provided the person does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter.

(3) The activities and services of a student intern or trainee in alcohol and drug abuse counseling who is pursuing a course of study in an accredited institution of higher education or a training course approved by the director, provided these activities are performed under supervision of and constitute a part of an approved course of study.

(4) The activities and services of approved alcohol and drug counselors who are working under the supervision of a licensed alcohol and drug abuse counselor.

(5) A person acting as a member of a voluntary group of individuals who offer peer support to each other in recovering from an addiction. (Added 1999, No. 133 (Adj. Sess.), § 38, eff. Jan. 1, 2001.)