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Committee moves to tighten faith-based counseling exemption; adds 'psychotherapy' to prohibited public descriptions
Summary
The committee recommended statutory language clarifying when clergy and faith-based officials are exempt from licensure requirements and added that they may not hold themselves out using terms such as 'psychosocial' or 'psychotherapy' or charge fees beyond customary compensation to the faith-based entity.
The Policy and Advocacy Committee on July 31 voted to direct staff to draft amendments clarifying the exemption for faith-based counseling in the LMFT, LCSW and LPCC practice acts and to include references to the LEP and Nursing Practice Acts in the carve-out language.
Staff said the board receives occasional consumer complaints about unlicensed individuals who present as providing clinical mental-health services while operating outside a recognized religious organization and charging separate fees. The proposed amendment narrows the exemption to counseling provided: (1) under the direct auspices of a recognized faith-based entity (church, mosque, synagogue, other legally recognized religious organization), (2) for which no fee beyond customary compensation from that entity is charged, (3) where the individual does not state or imply they are a licensed clinical practitioner or use titles or descriptions incorporating the words psychosocial or psychotherapy, and (4) where services are limited to religious or spiritual counseling and do not include diagnosis or treatment of mental disorders.
Committee members discussed the choice of terms (for example, whether to say “pastoral” or “professional” duties and whether ‘psychotherapy’ should be added to the prohibition on public descriptions). After discussion and stakeholder input, the committee directed staff to struck “pastoral” and use a phrase referencing “regular professional duties” for an established, legally recognized faith‑based entity, and to add the word “psychotherapy” after “psychosocial” in the prohibition on public descriptions. Staff will review the language against scopes of practice and make non‑substantive edits before taking the proposal to the board as a legislative recommendation.
Stakeholders including CAMFT and faith‑community representatives participated in the discussion. Committee members said the goal is not to regulate pastoral activity inside a bona fide religious organization but to protect consumers from unlicensed people advertising clinical services or charging separate clinical fees outside a recognized institutional setting. The motion directing staff to prepare the amended language and to include LEP and the Nursing Practice Act references carried; John Sobek recorded an abstention on the final amended motion.
