Section 5. The following individuals shall be exempt from the licensing requirements of this chapter:

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Terms Used In Massachusetts General Laws ch. 111J sec. 5

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(a) an educational psychologist, marriage and family therapist, mental health counselor, nurse practitioner, occupational therapist, physician, physician assistant, practical nurse, psychologist, registered nurse, rehabilitation counselor and social worker;

(b) an employee or other agent of a recognized academic institution or employee assistance program or a federal, state, county or local government institution, program, agency or facility or school committee, school district, school board or board of regents while performing alcohol and drug counseling duties solely for the respective agency or under the jurisdiction of such agency; provided, however, that a license pursuant to this chapter need not be a requirement for employment in any state, county or municipal agency;

(c) an employee of an alcohol or drug treatment program or facility which is licensed or approved by the department pursuant to chapters 111B and 111E; provided, however, that such individual perform alcohol and drug counseling solely within or under the jurisdiction of such program or facility.

Nothing in this section shall be construed to prevent qualified members of other professions, including attorneys, Christian Science practitioners or members of the clergy, from providing alcohol or drug counseling consistent with accepted standards of their respective professions; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.

Nothing in this section shall be construed to prevent members of peer groups or self-help groups from performing peer group or self-help activities; provided, however, that no such person shall use a title stating or implying that such person is a licensed alcohol and drug counselor.