Board proposes narrowing pastoral‑counseling exemption to faith‑based services and clarifying limits

The Policy and Advocacy Committee on July 31 directed staff to refine statutory language clarifying when religious leaders’ counseling is exempt from state licensing and when it crosses into regulated clinical practice. Staff presented research on how other states handle pastoral or faith‑based counseling exemptions and proposed language (attachments A1–A3) that would limit the exemption to counseling provided under the auspices of a legally recognized faith‑based organization, within the organization’s customary duties, without separate fees charged to clients, and without holding oneself out to the public as a clinical provider. Sarita (staff presenter) said staff focused on “faith‑based counseling” language rather than the narrower word “pastoral” to encompass diverse religious traditions. Under the draft language staff presented, the exemption would not apply if the individual charged clients a fee separate from customary compensation from the religious entity, if the individual used occupational titles or descriptions that imply clinical practice (for example using words such as psychosocial or psychotherapy in public descriptions), or if the services involved diagnosis or treatment of mental disorders. The committee discussed whether to add the Nursing Practice Act and the LEP practice act to an existing carve‑out list; staff recommended doing so so the carve‑out language aligns with other sections elsewhere in statute. Several stakeholders and association representatives supported the clarity. Chauncey (association representative) and others suggested adding the word “psychotherapy” next to “psychosocial” in the provision that bars holding oneself out as a clinical provider; the committee accepted that suggestion and directed staff to include psychotherapy in the draft. Committee members and staff discussed how to define "legally recognized" faith‑based entities and noted that enforcement of the fee prohibition would be the board’s usual administrative route (citation, fine, discipline) for violations when the exemption was misused. The committee voted to direct staff to amend the three practice acts (LMFT, LCSW, LPCC): add references to the LEP and Nursing Practice Act in subdivision A, strike the word "pastoral" in favor of broader wording in subdivision B, add “psychotherapy” to the list of titles/descriptions not permitted, and bring a final legislative proposal to the board. The motion carried, with one abstention.