2023 Indiana Code › Title 25. Professions and Occupations › Article 23.6. Behavioral Health and Human Services Professionals › Chapter 4. Social Workers; Unlawful Practices › 25-23.6-4-2. Exemptions

Sec. 2. (a) This article may not be construed to limit the social work or clinical social work services performed by a person who does not use a title specified in this article and who is one (1) of the following:
(1) A licensed health care professional acting within the scope of the person's license.
(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution accredited by the Council on Social Work Education, or a graduate accumulating experience required for licensure if:
(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and
(B) the student or graduate uses a title that contains the term "intern", "student", or "trainee".
(3) Not a resident of Indiana if the person performed social work in Indiana for not more than five (5) days in any one (1) month or more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.
(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee (as defined in IC 25-23.6-1-3.9).
(8) An individual providing services under a contract with the department of child services who:
(A) is employed by an organization that is nationally accredited and in good standing by the Joint Commission, Council on Accreditation, or the Commission on Accreditation of Rehabilitation Facilities;
(B) is directly supervised by a licensed individual who is:
(i) licensed under IC 25-23.6-2, as a social worker, clinical social worker, mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, and acting within the scope of the individual's license;
(ii) licensed as a psychologist under IC 25-33 and acting within the scope of the individual's license; or
(iii) licensed as a physician under IC 25-22.5 who is actively engaged in the practice of psychiatry and acting within the scope of the individual's license; and
(C) meets any additional requirements established by the department of child services.
(9) An individual providing services under a contract with the department of child services who:
(A) has completed a bachelor's degree in social work from:
(i) an eligible postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education or approved by the behavioral health and human services licensing board; or
(ii) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education; and
(B) is employed in a position for which the department of child services has specified that the job may be filled by individuals who have completed a bachelor-level degree in social work or other human services fields but do not need to be licensed.
(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.40; P.L.244-1999, SEC.2; P.L.215-2001, SEC.101; P.L.2-2007, SEC.331; P.L.122-2009, SEC.27; P.L.104-2015, SEC.3; P.L.192-2017, SEC.4; P.L.49-2019, SEC.3; P.L.192-2019, SEC.1; P.L.211-2019, SEC.37.