Exemptions

(A) The following individual shall be exempt from the licensing requirements of M.G.L. c. 111J and the provisions of 105 CMR 168.000 shall not apply to the following individuals: (1) 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; (2) 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 105 CMR 168.000 need not be a requirement for employment in any state, county or municipal agency; (3) an employee of an alcohol or drug treatment program or facility which is licensed or approved by the Department pursuant to M.G.L. c. 111B and M.G.L. c. 111E; provided, however, that such individual perform alcohol and drug counseling solely within or under the jurisdiction of such program or facility. (B) Nothing in 105 CMR 168.005 prevents qualified members of other professions, including attorneys, Christian Sciences 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 little starting or implying that such person is licensed alcohol and drug counselor. (C) Nothing in 105 CMR 168.005 prevents 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. (D) Individuals in 105 CMR 168.005(A), (B) and (C) do not require a license to perform alcohol and drug counseling but are not precluded from applying for licensure under the provisions of 105 CMR 168.000