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Q: Legal considerations for licensed vs. unlicensed pastoral/church counselors ( Answered 4 out of 5 stars,   1 Comment )
Question  
Subject: Legal considerations for licensed vs. unlicensed pastoral/church counselors
Category: Health
Asked by: norbel-ga
List Price: $10.00
Posted: 25 Aug 2003 12:41 PDT
Expires: 24 Sep 2003 12:41 PDT
Question ID: 248608
I am considering continuing to counsel under the supervision of the
church rather than seeking state licensure. However, with some
philosophical reservations, I may be open to licensure.  What legal
mandates/considerations should I be aware of in making such a
decision.  I am primarily interested in Kentucky and Georgia. 
However, if I can find a summary for all of the states, with specific
information for KY and GA, that is desireable.
Answer  
Subject: Re: Legal considerations for licensed vs. unlicensed pastoral/church counselors
Answered By: kriswrite-ga on 05 Sep 2003 10:27 PDT
Rated:4 out of 5 stars
 
Hi again Norbel~

Here is my completed Answer ļ

First, here¡¦s what Georgia has to say about the matter:
 
"...a person who is not licensed¡Kshall not practice professional
counseling, social work, or marriage and family therapy,
nor advertise the performance of such practice, nor use the title
'professional counselor,' 'associate professional counselor,' 'social
worker,' 'marriage and family therapist,' or 'associate marriage and
family therapist, nor use any words, letters, titles, or figures
indicating or implying that the person is a professional counselor,
associate professional counselor, social worker, marriage and family
therapist, or associate marriage and family therapist or is licensed
under this chapter." ("Official Code Index of 43-10A,"
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/43/10A/7
)
 
HOWEVER, among the list of exceptions are:  
"Members of religious ministries responsible to their established
ecclesiastical authority who possess a master's degree or its
equivalent in theological studies¡K[and] Persons engaged in the
practice of a specialty in accordance with Biblical doctrine in public
or nonprofit agencies or entities or in private practice..."

While I am not a lawyer, it seems pretty clear that in the State of
Georgia, a counselor working within a church is not required to be
licensed.
 

The rules for family counselors in Kentucky seem a bit more
complicated, and I could not get a straight yes or no answer out of
anyone I contacted. The regulations state: ¡§No person shall use the
title ¡¥licensed marriage and family therapist,¡¦ ¡¥LMFT,¡¦ or a title
which is substantially the same, or hold himself or herself out as
having this status, unless licensed by the board.¡¨ (¡§Laws &
Regulations Relating To The Kentucky Board of Licensure for Marriage
and Family Therapists,¡¨ a pdf file found on the left hand side of
this web page: http://occupations.ky.gov/marriagetherapy/index.htm )

When you look at the regulations for professional counselors, it gets
more specific: ¡§No person shall engage in the practice of
professional counseling or present in a way as to imply or would
reasonably be deemed to imply licensure to practice professional
counseling unless the person has first been issued a valid license by
the board.¡¨ (¡§Laws & Regulations Relating To Licensing as a
Professional Clinical Counselor,¡¨  a pdf file found on the left hand
side of this web page:
http://occupations.ky.gov/procounselors/index.htm ) The exception that
might apply to you is: ¡§pastoral counseling based on any tenet of
ones religious beliefs¡¨ is exempt. This would seem to imply that
counselors who help people  based *only* on religious beliefs needn¡¦t
be licensed.

The rules for ¡§pastoral counseling¡¨ are also important to consider.
First Kentucky defines ¡§pastoral counseling¡¨ as: " the practice of
pastoral counseling at an advanced level, equivalent to the standards
of practice set by the American Association of Pastoral Counselors for
the ¡¥fellow¡¦ level, that involves integrating spiritual resources
with insights from the behavioral sciences, in exchange for a fee or
other compensation¡K[or an] Ordained minister or the denominational
equivalent¡K[meaning]  a person who has been called, elected, or
otherwise authorized by a church, synagogue, denomination, or faith
group through ordination, consecration, or equivalent means, to
exercise within and on the behalf of the denomination or faith group
specific religious leadership and service that furthers its purpose
and mission.¡§ (¡§Laws & Regulations Relating To Certification as a
Fee-Based Pastoral Counselor,¡¨ a pdf file found on the left hand side
of this web page: http://occupations.ky.gov/pastoralcounselor/index.htm
)

As can be expected, they also state: ¡§No person shall use the title
¡¥certified fee-based pastoral counselor¡¦ or hold himself or herself
out as a certified fee-based pastoral counselor, unless certified by
the board.¡¨ The regulations also say: ¡§Nothing in KRS 335.600 to
335.699 shall be construed as regulating or limiting the ministry or
services of a minister, including pastoral care and counseling,
otherwise authorized by a church, denomination, or faith group to
perform the ordinary duties or functions of the clergy.¡¨

So the exception in Kentucky seems to be only for ordained ministers.


A good general reference point for all states is the Directory of
State MFT Licensing/Certification Boards:
http://www.aamft.org/resources/Online_Directories/boardcontacts.htm
 

I hope this helps!
Kriswrite

Keywords Used: 
Kentucky "state licensure" counselor* 
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=Kentucky+%22state+licensure%22+counselor*&btnG=Google+Search
norbel-ga rated this answer:4 out of 5 stars and gave an additional tip of: $1.00
Researcher zeroed in on my specific areas of interest. Provided
sufficient detail with related web pages to permit me to dig deeper
where I wanted to do so.

Comments  
Subject: Re: Legal considerations for licensed vs. unlicensed pastoral/church counselors
From: kriswrite-ga on 05 Sep 2003 08:08 PDT
 
Hi Norbel~

I apologize for the delay in getting to this question. I've been on
vacation, and wasn't even aware you posted an additional question
until yesterday.

I am not yet posting this as an Answer, because I'm waiting to hear
back from the Kentucky Board of Licensure. However, here's what
Georgia has to say about the matter:

"...a person who is not licensed under this chapter shall not practice
professional counseling, social work, or marriage and family therapy,
nor advertise the performance of such practice, nor use the title
'professional counselor,' 'associate professional counselor,' 'social
worker,' 'marriage and family therapist,' or 'associate marriage and
family therapist, nor use any words, letters, titles, or figures
indicating or implying that the person is a professional counselor,
associate professional counselor, social worker, marriage and family
therapist, or associate marriage and family therapist or is licensed
under this chapter." ("Official Code Index of 43-10A,"
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/43/10A/7
)

HOWEVER, among the list of exceptions are: 
"Members of religious ministries responsible to their established
ecclesiastical authority who possess a master's degree or its
equivalent in theological studies;
    
Persons engaged in the practice of a specialty in accordance with
Biblical doctrine in public or nonprofit agencies or entities or in
private practice..."

A good general reference point for all states is the Directory of
State MFT Licensing/Certification Boards:
http://www.aamft.org/resources/Online_Directories/boardcontacts.htm

I will get back to you again when I've heard from the folks in the
know in Kentucky!

kriswrite

Keywords Used:
Kentucky "state licensure" counselor*
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=Kentucky+%22state+licensure%22+counselor*&btnG=Google+Search

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