Missouri State Exemptions
Missouri License Exemptions.
337.505. License required–exempted professions and occupations.
License required–exempted professions and occupations.
337.505. No person shall use the title of “professional counselor”,”counselor” or “provisional licensed professional counselor” or engage in the practice of professional counseling in this state unless the person is licensed as required by the provisions of sections 337.500 to 337.540.Sections 337.500 to 337.540 do not apply to:
– See more at: http://statutes.laws.com/missouri/t22/c337/337_505#sthash.UGrquElz.dpuf
The State of Missouri has an interesting clause in its constitution. To paraphrase, it says that “state laws shall apply only when not superseded by scriptural law.” The ramifications of this clause, and similar ones in other state constitutions, form a basis for some of the precepts taught at the Gordon School of Law. The Missouri Code of State Regulations (#324.265,p.5,#7(1)) specifies who is exempt from regulation by the Board of Therapeutic Massage (MBTM) as follows: “The following practitioners are exempt from the provisions of this section upon filing written proof with the board that they meet one or more of the following: Persons who act under a Missouri state license, registration, or certification and perform soft tissue manipulation within their scope of practice.” In a recent communication from the MBTM, they cited this section and stated, “These exemptions apply to reflexology, chiropractors, and energy workers.” ( http://www.ayurveda-florida.com/Referrals_ayurveda_friends_ayurvedic_medicine_products_services/Articles%20or%20Papers%20Relating%20to%20Referral%20by%20Others/raindrop_messenger.htm )
( http://www.moga.mo.gov/statutes/C300-399/3240000265.HTM )
7. The following practitioners are exempt from the provisions of this section upon filing written proof with the board that they meet one or more of the following:
(3) Persons who use touch and words to deepen awareness of existing patterns of movement in the human body as well as to suggest new possibilities of movement;
NAIC Opinion/ Conclusion:
Therefore we can reasonably assume that the Spiritual, Religious, Ceremonial, Sacredotal, Ministerial, and Clerical practices of Chirothesia, Indigenous, Native, and Traditional and or tribal/ familial counseling and healing as ordained tenants authorized by the Religious Institution Oklevueha Native American Church are exempted from the professional regulation of the State of Missouri. This applies to the full scope of practice and training as authorized by NAIC.
The Missouri Code, as stated above in provision “(9) Duly accredited Christian Science practitioners, so long as they are practicing within the scope of Christian Science principles,” applies to practitioners of all recognized religious practitioners as the state cannot issue a legal exemption in favor of any one religion over another!
NAIC Authorized ABM, AFM, and CHT ministers practicing following their appropriate authorization, actual training, and scope of practice and not claiming or advertising inappropriately that they are specifically Licensed “Medical Doctors,” “Massage Therapists,” “Counselors” and or “Psychologist” are not required to obtain or hold a State License for the practice of Native American and or Indigenous Traditional Healing of any kind. Bottom line? Do not claim, offer or advertise to be practicing a “State Licensed” specialty of any kind unless you hold that license.
In addition to the legal exceptions, NAIC members do not offer or perform services in public, only on or for other church members. In this context, all conversations and fair exchange of communications, energy, and services are private and not under the purview of the state under Expressive Right of Association, Freedom of Speech, Right to Privacy, and Private contract law.
Our sacred healing, practices, ceremonial, or counseling services offered exclusively to church members are not any of the above Missouri State “Licensed” specialties and are, by definition, legitimate activities not under the jurisdiction or oversight of the state.
For practicing in Missouri, we recommend printing this article and posting it in the office to keep handy with the NAIC Credentials should there be some query about why the NAIC practitioner might or might not have a State License.
DO have clients join NAIC as fellow Authorized Participant Members, and DO have them sign the NAIC Consent form! Then Pray and make them well!
The above-provided information is not intended as legal advice. It is furnished to assist NAIC Members in making informed decisions about exercising religious freedoms guaranteed under Federal and State Code and Laws.
