IC 25-23.6-4.5
    Chapter 4.5. Mental Health Counselors; Unlawful Practices

IC 25-23.6-4.5-1
Unlawful practices
    Sec. 1. (a) An individual may not:
        (1) profess to be a licensed mental health counselor;
        (2) use the title:
            (A) "licensed mental health counselor";
            (B) "mental health counselor"; or
            (C) "mental health therapist";
        (3) use any other words, letters, abbreviations, or insigniaindicating or implying that the individual is a licensed mentalhealth counselor; or
        (4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, orIC 25-33.
    (b) An individual may not:
        (1) profess to be a licensed mental health counselor associate;
        (2) use the title:
            (A) "licensed mental health counselor associate";
            (B) "mental health counselor associate"; or
            (C) "mental health therapist associate";
        (3) use any other words, letters, abbreviations, or insigniaindicating or implying that the individual is a licensed mentalhealth counselor associate; or
        (4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, orIC 25-33.
As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010,SEC.56.

IC 25-23.6-4.5-2
Exemptions
    Sec. 2. (a) This article may not be construed to limit the mentalhealth counseling services performed by a person who does not usea title specified in this article and who is one (1) of the following:
        (1) A licensed or certified health care professional acting withinthe scope of the person's license or certificate.
        (2) A student, an intern, or a trainee pursuing a course of studyin medicine, psychology, or a course of study to gain licensureunder this article in an accredited eligible postsecondaryeducational institution or training institution, or is a graduateaccumulating experience required for licensure if:
            (A) the services are performed under qualified supervisionand constitute a part of the person's supervised course ofstudy or other level of supervision; and
            (B) the student or graduate uses a title that contains the term"intern" or "trainee".
        (3) Not a resident of Indiana if the person performed the

services in Indiana for not more than five (5) days in any one(1) month or fifteen (15) days within any one (1) calendar yearand the person is authorized to perform such services under thelaws of the state or country in which the person resides.
        (4) A rabbi, priest, Christian Science practitioner, minister, orother member of the clergy.
        (5) An employee or a volunteer for an organization performingcharitable, religious, or educational functions, providingpastoral counseling, or providing other assistance.
        (6) A person who provides school counseling or a person whois certified by a state or national organization that is recognizedby the Indiana division of mental health and addiction and whoprovides counseling in the areas of alcohol or drug abuseaddictions.
        (7) A governmental employee who remains in the same jobclassification or job family of that job classification.
    (b) Nothing in this section prohibits a person referred to insubsection (a) from qualifying for licensure under this article.
As added by P.L.147-1997, SEC.46. Amended by P.L.244-1999,SEC.3; P.L.215-2001, SEC.103; P.L.2-2007, SEC.332.

IC 25-23.6-4.5-3
Display of license; contents of promotional materials
    Sec. 3. (a) An individual who is licensed as a mental healthcounselor shall:
        (1) display the license or a clear copy of the license at eachlocation where the mental health counselor regularly practices;and
        (2) include the words "licensed mental health counselor" or theletters "LMHC" on all promotional materials, includingbusiness cards, brochures, stationery, advertisements, and signsthat name the individual.
    (b) An individual who is licensed as a mental health counselorassociate shall:
        (1) display the license or a clear copy of the license at eachlocation where the mental health counselor associate regularlypractices; and
        (2) include the words "licensed mental health counselorassociate" or the letters "LMHCA" on all promotionalmaterials, including business cards, brochures, stationery,advertisements, and signs that name the individual.
As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010,SEC.57.

IC 25-23.6-4.5-4
Violations; penalty
    Sec. 4. An individual who violates this chapter after July 1, 1999,commits a Class A misdemeanor.
As added by P.L.147-1997, SEC.46.