36-32-12. Inapplicability of chapter to certain activities and services. This chapter does not apply to the activities and services of a person practicing professional counseling as defined in subdivision 36-32-1(5) as part of that person's duties as a:

(1) Professional licensed or certified under this title acting in a manner consistent with state law regarding the scope of practice;

(2) Person employed by a school, college, university, or other institution of higher learning;

(3) Person employed by a federal, state, county, or local governmental institution or agency while performing those duties for which the person was employed by such institution, agency, or facility;

(4) Person who is employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed or registered child welfare agency;

(5) Member of the clergy while acting in a ministerial capacity if the activity is within the scope of performance of regular or specialized duties;

(6) Post-graduate supervised trainee who has an approved plan of supervision on file with the board;

(7) Mental health practitioner who has a minimum of a master's degree in counseling or a related mental health field with a plan of supervision and original transcripts on file with the board before July 1, 2008; or

(8) Students enrolled in recognized programs of study leading to counseling degrees may practice only under the direct supervision of a counselor educator or counselor licensed under this chapter.Source: SL 1990, ch 313, § 12; SL 1998, ch 239, § 6; SL 2007, ch 221, § 3; SL 2009, ch 138, § 9.