Vermont Statutes Title 26 Sec. 3273
Terms Used In Vermont Statutes Title 26 Sec. 3273
- Clinical mental health counseling: means providing, for a consideration, professional counseling services that are primarily drawn from the theory and practice of psychotherapy and the discipline of clinical mental health counseling, involving the application of principles of psychotherapy, human development, learning theory, group dynamics, and the etiology of mental illness and dysfunctional behavior to individuals, couples, families, and groups, for the purposes of treating psychopathology and promoting optimal mental health. See
- Clinical mental health counselor: means a person who is licensed to practice clinical mental health counseling under this chapter. See
- Contract: A legal written agreement that becomes binding when signed.
- Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Psychotherapy: means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. See
§ 3273. 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, psychologists, nurses, osteopaths, optometrists, dentists, lawyers, social workers, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are clinical mental health counselors or are licensed to practice clinical mental health counseling.
(b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary 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 does not practice psychotherapy as defined in section 3261 of this title;
(4) as a mediator;
(5) in an official evaluation for court purposes;
(6) as a member of a self-help group, such as Alcoholics Anonymous, 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) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed as a clinical mental health counselor under this chapter. (Added 1993, No. 98, § 19; amended 1993, No. 222 (Adj. Sess.), § 11; 1995, No. 126 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 23; 1999, No. 52, § 29.)