§ 59-1932. Professions excluded from application of act - Practice of other professions by LBP forbidden - Exemptions from licensure requirements.

A.  The Licensed Behavioral Practitioner Act shall not be construed to include the pursuits of the following professionals acting within the scope of their duties as such professionals, nor shall the title "Licensed Behavioral Practitioner" or "LBP" be used by such professionals:

1.  Physicians, psychologists, social workers, licensed professional counselors, marital and family therapists, and attorneys, who are licensed by their respective licensing authorities;

2.  Rehabilitation counselors, vocational evaluation specialists, psychiatric and mental health nurses, alcohol and drug counselors, school administrators, school teachers, and school counselors, who are certified by their respective certifying authorities;

3.  Persons in the employ of accredited institutions of higher education, or in the employ of local, state, or federal government; and

4.  Members of the clergy and lay pastoral counselors.

B.  The Licensed Behavioral Practitioner Act shall not be construed to allow the practice of any of the professions specified in subsection A of this section by a licensed behavioral practitioner unless the licensed behavioral practitioner is also licensed or accredited by an appropriate agency, institution, or board.

C.  1.  The activities and services of a person in the employ of a private nonprofit behavioral services provider contracting with the state to provide behavioral services with the state shall be exempt from licensure as a Licensed Behavioral Practitioner if such activities and services are a part of the official duties of such person with the private nonprofit agency.

2.  Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:

a.psychologist, psychology, or psychological,

b.licensed social worker,

c.clinical social worker,

d.certified rehabilitation specialist,

e.licensed professional counselor,

f.psychoanalyst,

g.marital and family therapist, or

h.licensed behavioral practitioner.

3.  Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the nonprofit agency contracting with the state.  Such exemption will not be applicable to any other setting.

4.  State agencies contracting to provide behavioral health services shall strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly.

5.  The persons exempt under the provisions of this subsection shall provide services that are consistent with their training and experience.

6.  Agencies shall also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.

D.  1.  The activities and services of a person in the employ of a private for-profit behavioral services provider contracting with the state to provide behavioral services to youth and families in the care and custody of the Office of Juvenile Affairs or the Department of Human Services on March 14, 1997, shall be exempt from licensure as a Licensed Behavioral Practitioner if such activities and services are a part of the official duties of such person with the private for-profit contracting agency.

2.  Any person who is unlicensed and operating pursuant to the exemptions specified in this subsection shall not use any of the following official titles or descriptions:

a.psychologist, psychology, or psychological,

b.licensed social worker,

c.clinical social worker,

d.certified rehabilitation specialist,

e.licensed professional counselor,

f.psychoanalyst,

g.marital and family therapist, or

h.licensed behavioral practitioner.

3.  Such exemption to the provisions of this section shall apply only while the unlicensed individual is operating under the auspices of a contract with the state and within the employ of the for-profit agency contracting with the state.  Such exemption shall only be available for ongoing contracts and contract renewals with the same state agency and will not be applicable to any other setting.

4.  State agencies contracting to provide behavioral health services shall strive to ensure that quality of care is not compromised by contracting with external providers and that the quality of service is at least equal to the service that would be delivered if that agency were able to provide the service directly.

5.  The persons exempt under the provisions of this section shall provide services that are consistent with their training and experience.

6.  Agencies shall also ensure that the entity with which they are contracting has qualified professionals in its employ and that sufficient liability insurance is in place to allow for reasonable recourse by the public.

Added by Laws 1999, c. 133, § 3, emerg. eff. April 28, 1999.  Amended by Laws 2000, c. 53, § 15, emerg. eff. April 14, 2000.