A. It shall be unlawful for any person who is not certified or licensed or specifically exempt from the provisions of Section 3 of the Licensed Alcohol and Drug Counselors Act to:

1. Represent himself or herself by the title “licensed alcohol and drug counselor” or “certified alcohol and drug counselor” without having first complied with the provisions of the Licensed Alcohol and Drug Counselors Act;

2. Use the title of licensed alcohol and drug counselor, certified alcohol and drug counselor, or any other name, style or description denoting that the person is certified or licensed as a certified or licensed alcohol and drug counselor;

3. Practice alcohol and drug counseling; or

4. Advertise or otherwise offer to perform alcohol- or drug-abuse-related counseling services.

B. The provisions of subsection A of this section shall not apply to persons who are exempt pursuant to the provisions of Section 3 of this act.

C. Any person violating the provisions of subsection A of this section shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense, imprisonment for a term not to exceed six (6) months in the county jail, or by both such fine and imprisonment.

D. Nothing in this section shall be construed as making unlawful the practice of other professionals acting within the scopes of their licenses or employment as provided by Section 3 of this act.

Added by Laws 2004, c. 313, § 11, emerg. eff. May 19, 2004.