Counseling Laws in

Indiana
Steve Rockey
CNS 780
February 18th, 2014
Licensed Counseling Practitioner Specifics
(As found in IC 25-23.6-8.5)
LMHC (Licensed Mental Health Counselor) is the way to go - the Indiana Behavioral
Health and Human Services Licensing Board handles licensing
Graduate Degree required - at least 60 hours and 1000 hours total of supervised
practice (practicum, internship, etc.) within a graduate degree
To become an LMHC, one must do 3000 hours of supervised practice - within 4 years
but no sooner than 21 months
One must take the NCMHCE (through the NBCC) to apply for LHMC certification
Licensing - Indiana doesnt license through reciprocity, done on a case by
case basis. Must have taken the NMHCE; NCC doesnt count. Must also
show that youve been counseling for at least 3 of the past 5 years and need
to pass an Indiana jurisprudence exam. Can apply for a temporary
permit to practice.
Basic Ethical Considerations
Confidentiality - Similar to NC, counselors are required to uphold confidentiality as it
is mandated by law. The exceptions to this are client danger to self, others, suspected
child abuse, and court orders (IC 16-39-2-3)
Privilege - Privilege is trickier. Privilege is held up by law (IC 25-23.6-6) but there are
various exceptions to this rule - especially with suspicion of abuse and children (is
often invoked in custody cases) (IC 31-32-11-1)
Informed Consent - again similar to NC, especially used in cases of abortion, HIV
testing, etc. (to promote a clients rights)
More Detailed Laws and Ethical Considerations
Reporting Child Abuse - Indiana has a Duty to Report law (IC 31-33-5) that requires
anyone suspecting child abuse to report immediately (orally) to DCS or local law
enforcement. If an individual is a part of a school system, institution, facility, agency,
medical facility, etc., they are required to report immediately to the individual in
charge of the institution. The leader, then, is required to make a report to DCS or local
law enforcement.
Elder Abuse - Similar to child abuse reporting laws, individuals who believe or have
reason to believe that another person is in danger are required to report. The relevant
agency to make reports to is the Adult Protective Services unit. (IC 12-10-3)
Involuntary Commitment - Indianas law on involuntary commitment is that an
individual who is mentally ill and either dangerous or gravely disabled may be
detained or committed under any of the following statutes... (IC 12-26-1-1)
This includes immediate detention, emergency detention, temporary commitment,
and regular commitment according to statute. They go in time order from least
amount of time to most.
Scope of Practice - A counselors scope of practice is found in IC 25-23.6-1-7.5,
whereas a counselors practice is described in terms of what we believe to be the
basics of counseling (items like: using research based techniques to help people
personally, socially, and vocationally; using instruments and measures responsibly;
counseling in various settings; using community resources; using individual and group
counseling; referring; and so on. This does not, however, include diagnosis.
Sources
http://www.in.gov/pla/files/IBHHSLB_2012_Edition.pdf
http://www.in.gov/legislative/ic/code
http://www.nbcc.org/Assets/StateForms/IN.pdf
http://www.theindianalawyer.com/juveniles-records-not-protected-by-counselorclient-
privilege/PARAMS/article/24997