Tex. Occ. Code Section 504.002
Exemptions; Applicability

(a)

A person is exempt from this chapter if the person does not:

(1)

directly or indirectly represent to the public that the person is licensed under this chapter; and

(2)

use any name, title, or designation indicating that the person is licensed under this chapter.

(b)

This chapter does not apply to an activity or service of a person who:

(1)

is employed as a counselor by a federal institution and is providing chemical dependency counseling within the scope of the person’s employment;

(2)

except as provided by Section 504.1515 (Counselor Interns), is a student, intern, or trainee pursuing a supervised course of study in counseling at a regionally accredited institution of higher education or training institution, if the person:

(A)

is designated as a “counselor intern”; and

(B)

is engaging in the activity or providing the service as part of the course of study;

(3)

is not a resident of this state, if the person:

(A)

engages in the activity or provides the service in this state for not more than 30 days during any year; and

(B)

is authorized to engage in the activity or provide the service under the law of the state of the person’s residence;

(4)

is a licensed physician, psychologist, professional counselor, or social worker;

(5)

is a religious leader of a congregation providing pastoral chemical dependency counseling within the scope of the person’s duties;

(6)

is working for or providing counseling with a program exempt under Subchapter C, Chapter 464 (Facilities Treating Persons with a Chemical Dependency), Health and Safety Code;

(7)

is a school counselor certified by the State Board for Educator Certification; or

(8)

provides chemical dependency counseling through a program or in a facility that receives funding from the Texas Department of Criminal Justice and who is credentialed as:

(A)

a certified criminal justice addictions professional by the International Certification and Reciprocity Consortium; or

(B)

having certified criminal justice professional applicant status issued by the Texas Certification Board of Addiction Professionals.

(c)

A person exempt under this section who obtains a license under this chapter is subject to this chapter to the same extent as any other person who obtains a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 564 (H.B. 3145), Sec. 2, eff. June 17, 2011.

Source: Section 504.002 — Exemptions; Applicability, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­504.­htm#504.­002 (accessed Jun. 5, 2024).

504.001
Definitions 504.002
Exemptions 504.051
General Powers and Duties of Executive Commissioner 504.052
Discrimination Prohibited 504.053
Fees 504.054
Collection Action 504.055
Official Roster 504.056
Rules Restricting Advertising or Competitive Bidding 504.057
Approval of Peer Assistance Programs 504.058
Funding for Chemical Dependency Counselor Programs 504.101
Consumer Interest Information 504.102
Consumer Information for Filing Complaints 504.103
Records of Complaints 504.151
License Required 504.152
Eligibility Requirements 504.153
Alternative Qualifications and Evidence of License Requirement Satisfaction 504.155
License Application 504.156
License Examination 504.157
Examination Results 504.158
Provisional License 504.159
Issuance of License to Provisional License Holder 504.160
Issuance of License to Certain Out-of-state Applicants 504.161
Criminal History Record Information 504.201
License Expiration 504.202
Notice of License Expiration and Requirements to Renew 504.203
License Renewal 504.204
Renewal of Expired License of Out-of-state Practitioner 504.205
Continuing Education Requirements 504.206
Continuing Education Relating to Hiv, Hepatitis C, and Sexually Transmitted Diseases 504.251
Grounds for License, Registration, or Certification Denial or Disciplinary Action 504.252
Disciplinary Powers of Department 504.253
Complaint and Investigation 504.254
Right to Administrative Hearing 504.255
Appeal of Certain Denials, Refusals to Renew, and Suspensions 504.301
Imposition of Penalty 504.302
Amount of Penalty 504.303
Notice of Violation and Penalty 504.304
Penalty to Be Paid or Hearing Requested 504.305
Hearing 504.306
Decision by Department 504.307
Options Following Decision: Pay or Appeal 504.308
Determination by Court 504.309
Remittance of Penalty and Interest 504.310
Collection of Penalty 504.311
Administrative Procedure 504.351
Injunctive Relief 504.0515
General Powers and Duties of Department 504.1511
Other Certifications Included on License 504.1515
Counselor Interns 504.1521
Supervised Work Experience 504.1525
Certain Grounds for License, Registration, or Certification Refusal 504.2025
Certain Grounds for Refusal to Renew License, Registration, or Certification 504.2026
Refusal to Renew License: Access to Peer Assistance Program 504.2525
Summary License, Registration, or Certification Suspension
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 504.002’s source at texas​.gov