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 insignia
indicating or implying that the individual is a licensed mental
health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 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 insignia
indicating or implying that the individual is a licensed mental
health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 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 mental
health counseling services performed by a person who does not use
a title specified in this article and who is one (1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study
in medicine, psychology, or a course of study to gain licensure
under this article in an accredited eligible postsecondary
educational institution or training institution, or is a graduate
accumulating experience required for licensure if:
(A) the services are performed under qualified supervision
and constitute a part of the person's supervised course of
study 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 year
and the person is authorized to perform such services under the
laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions, providing
pastoral counseling, or providing other assistance.
(6) A person who provides school counseling or a person who
is certified by a state or national organization that is recognized
by the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in
subsection (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 health
counselor shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor regularly practices;
and
(2) include the words "licensed mental health counselor" or the
letters "LMHC" on all promotional materials, including
business cards, brochures, stationery, advertisements, and signs
that name the individual.
(b) An individual who is licensed as a mental health counselor
associate shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor associate regularly
practices; and
(2) include the words "licensed mental health counselor
associate" or the letters "LMHCA" on all promotional
materials, 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.
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 insignia
indicating or implying that the individual is a licensed mental
health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 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 insignia
indicating or implying that the individual is a licensed mental
health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 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 mental
health counseling services performed by a person who does not use
a title specified in this article and who is one (1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study
in medicine, psychology, or a course of study to gain licensure
under this article in an accredited eligible postsecondary
educational institution or training institution, or is a graduate
accumulating experience required for licensure if:
(A) the services are performed under qualified supervision
and constitute a part of the person's supervised course of
study 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 year
and the person is authorized to perform such services under the
laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions, providing
pastoral counseling, or providing other assistance.
(6) A person who provides school counseling or a person who
is certified by a state or national organization that is recognized
by the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in
subsection (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 health
counselor shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor regularly practices;
and
(2) include the words "licensed mental health counselor" or the
letters "LMHC" on all promotional materials, including
business cards, brochures, stationery, advertisements, and signs
that name the individual.
(b) An individual who is licensed as a mental health counselor
associate shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor associate regularly
practices; and
(2) include the words "licensed mental health counselor
associate" or the letters "LMHCA" on all promotional
materials, 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.
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 insignia
indicating or implying that the individual is a licensed mental
health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 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 insignia
indicating or implying that the individual is a licensed mental
health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 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 mental
health counseling services performed by a person who does not use
a title specified in this article and who is one (1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study
in medicine, psychology, or a course of study to gain licensure
under this article in an accredited eligible postsecondary
educational institution or training institution, or is a graduate
accumulating experience required for licensure if:
(A) the services are performed under qualified supervision
and constitute a part of the person's supervised course of
study 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 year
and the person is authorized to perform such services under the
laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee or a volunteer for an organization performing
charitable, religious, or educational functions, providing
pastoral counseling, or providing other assistance.
(6) A person who provides school counseling or a person who
is certified by a state or national organization that is recognized
by the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(7) A governmental employee who remains in the same job
classification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to in
subsection (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 health
counselor shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor regularly practices;
and
(2) include the words "licensed mental health counselor" or the
letters "LMHC" on all promotional materials, including
business cards, brochures, stationery, advertisements, and signs
that name the individual.
(b) An individual who is licensed as a mental health counselor
associate shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor associate regularly
practices; and
(2) include the words "licensed mental health counselor
associate" or the letters "LMHCA" on all promotional
materials, 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.
