(a) An individual identified to the public as a chemical dependency counselor must be licensed or exempt under this subchapter. Except as provided by this section, individuals who are not LCDCs shall not:
  (1) offer or provide chemical dependency counseling services other than education;
  (2) represent themselves as chemical dependency counselors; or
  (3) use any name, title, or designation that implies licensure as a chemical dependency counselor.
(b) The following individuals are exempt from LCDC licensure requirements when they offer or provide chemical dependency counseling services within the scope of their authorized duties and scope of practice:
  (1) counselors employed by federal institutions;
  (2) school counselors certified by the Texas Education Agency;
  (3) to the extent such licensees are acting within the authorized scope of their respective licenses, licensed physicians, licensed psychologists, licensed professional counselors (LPC), licensed marriage and family therapists (LMFT), and licensed social workers;
  (4) religious leaders of congregations providing pastoral counseling within the scope of their congregational duties and people who are working for or providing counseling with a program exempted under Texas Health and Safety Code, §§464.051 - 464.061 (relating to Faith-Based Chemical Dependency Treatment Programs);
  (5) students who are participating in a practicum that meets the requirements as set forth in §140.407 of this title (relating to Practicum Standards) as part of a supervised course of clinical training at a regionally accredited institution of higher education or a career school or college, as long as they do not hold themselves out as, or use any name, title, or designation that implies licensure as a chemical dependency counselor or registration under this subchapter as a counselor intern; or
  (6) provides chemical dependency counseling through a program or in a facility that receives funding from the Texas Department of Criminal Justice and who is credentialed as:
    (A) a certified criminal justice addictions professional by the International Certification and Reciprocity Consortium; or
    (B) having certified criminal justice professional applicant status issued by the Texas Certification Board of Addiction Professionals.
(c) Residents of other states are exempt from the LCDC licensure requirements of this subchapter if they:
  (1) are legally authorized to provide chemical dependency counseling in those states; and
  (2) do not offer or provide chemical dependency counseling in Texas for more than 30 days in any 12-month period.
(d) An individual who qualifies for an exemption but chooses to obtain an LCDC license from the department under this subchapter is subject to the same rules and disciplinary actions as other licensees.

Source Note: The provisions of this §140.401 adopted to be effective September 9, 2008, 33 TexReg 7520; amended to be effective August 9, 2012, 37 TexReg 5788