Clergy License Exemptions for Missouri & Utah
MISSOURI STATUTES AND CODES
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:
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Listed Religious Exemptions:
(6) Duly ordained ministers or clergy or religious workers while functioning in their ministerial capacity;
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(9) Duly accredited Christian Science practitioners, so long as they are practicing within the scope of Christian Science principles;
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(14) Staff counselors employed by religious institutions in a religious counseling ministries program;
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Missouri Religious Provision:
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 To paraphrase, it says that “state laws shall apply only when not superseded by scriptural law.”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 whom 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.”( )
Missouri Revised Statutes: Chapter 324, Occupations and Professions General Provision, Section 324.265
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;
Missouri House Bill NO. 659, 97 General Assembly
324.246. Nothing in sections 324.240 to 324.275 shall require a person engaged in the practice of massage therapy to be licensed; except that, any person who is not licensed to engage in the practice of massage therapy in this state shall not be permitted to hold himself or herself out as a licensed massage therapist or advertise as a licensed massage therapist. Any person who violates the provisions of this section is guilty of a class C misdemeanor. (http://openstates.org/mo/bills/2013/HB659/documents/MOD00006172/)
ONACoA Opinion/ Conclusion:
Therefore we can reasonably assume that the Spiritual, Religious, Ceremonial, Sacredotal, Ministerial, 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 ONACoA.
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 a practitioners of all recognized religious practitioners as the state cannot issue a legal exemption in favor of any one religion over another!
Clearly, ONACoA Authorized ABM, AFM, CHT ministers practicing in accordance with their appropriate authorization, actual training and scope of practice and not claiming or advertizing 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? Don’t claim, offer or advertize to be practicing a “State Licensed” specialty of any kind unless you hold that license.
In addition to the afore mentioned legal exceptions, as ONACoA members do not offer or perform services on the public, only on or for other church members. All conversations and legitimate exchange of communications, energy and or services in this context are private and not under the states purview under Expressive Right of Association, Freedom of Speech, Right to Privacyand Private contract law.
Our sacred healing, practices, ceremonial and/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.
If you are practicing in Missouri we recommend you print this article and either post in your office of keep handy with your ONACoA Credentials should there be some query about why you might or might not have a State License.
DO have your clients join ONACoA as fellow Members! Then Pray and make them well!
The above provided information is not intended as legal advise and is furnished to assist ONACoA Members to make informed decisions about their exercise of religious freedoms guaranteed under Federal and State Code and Law.
Exemption Letter from Utah Dept. of Human Services
State of Utah Department Human Services Clergy Exemption From Licensing – “Because you are providing this service within the capacity of your ministry and you have likened it to Alcoholic Anonymous (AA) and the LDS Church Monday Home evening programs, then a license from the Department of Human Services is not in order.”
Ken Stettler (firstname.lastname@example.org)
Sent: Thu 9/17/09 2:42 PM
To: James WFE Mooney (email@example.com)
Cc: Jeffery Harris (JHARRIS@utah.gov ); John Ortiz (JORTIZ@utah.gov ); Lj Dustman (LDUSTMAN@utah.gov)
Thank you for your reply. This helps immensely. Because you are providing this service within the capacity of your ministry and you have likened it to Alcoholic Anonymous (AA) and the LDS Church Monday Home evening programs, then a license from the Department of Human Services is not in order. My suggestion to you would be to provide your information to the Courts. Either directly to the Judges you are dealing with on a regular basis, or to the Utah Administrative Office of the Courts at 450 South State in Salt Lake City 84114 (ph. 801-578-3800). I hope this information is helpful to you. I wish you success in your endeavors.
Ken Stettler, Director
Office of Licensing
Utah Dept. of Human Services
120 N. 200 W. #303
Salt Lake City, UT 84103