§ 4085. Exemptions

(a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, psychologists, social workers, mental health counselors, certified marriage and family therapists, licensed alcohol and drug counselors, and psychoanalysts or licensed educators when performing their duties consistent with the accepted standards of their respective professions.

(b) The provisions of this chapter shall not apply to persons while engaged in the course of their duties:

(1) In the activities and services of the clergy or leader of any religious denomination or sect or a Christian Science practitioner 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 of 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) In employment or rehabilitation counseling.

(3) As an employee of, or under contract with, the Agency of Human Services, provided the person is not covered by the definition of psychotherapy in section 4082 of this title.

(4) As a mediator.

(5) In an official evaluation for court purposes.

(6) As a volunteer for, or a member of, a self-help group such as Alcoholics Anonymous and peer counseling or domestic violence groups whether or not the person is serving for a consideration.

(7) As a respite caregiver, foster care worker, or hospice worker.

(c) The prohibitions of this chapter shall not apply to practices in the fields of:

(1) Body work education and healing, including massage therapy, stress reduction, physical fitness, or yoga.

(2) Energy-related therapy, including kinesiology, crystology, and sound therapy.

(3) Psychic reading and healing arts, including astrology, channeling, and palmistry.

(4) Social science research and education, including sociology and educational tutoring.

(5) Human resource development, including personnel management, career development, and business consultants.

(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the provisions of this chapter shall apply to any person entered on the Roster as a nonlicensed and noncertified psychotherapist under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 17; amended 1995, No. 126 (Adj. Sess.), § 10; 1997, No. 145 (Adj. Sess.), § 27; 1999, No. 52, § 36; 2011, No. 66, § 12, eff. June 1, 2011.)