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Regular Session, 2010
HOUSE BILL NO. 686
BY REPRESENTATIVE RICHMOND
CHAPLAINS: Creates the Professional Chaplain Licensing Act
AN ACT1
To enact Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 37:3611 through 3623, relative to chaplains; to provide for definitions; to3
provide for a board with appointments, terms, powers, and duties; to provide for the4
scope of practice for chaplains; to provide for licensing requirements and fees; to5
provide for revocation or suspension of a licensee; to provide for legal injunctions6
by the board; to provide for exclusions; to provide for prohibited activities; to7
provide for penalties; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 37:3611 through 3623, is hereby enacted to read as follows: 11
CHAPTER 60. CHAPLAINS12
§3611. Short title13
This Chapter shall be known and may be cited as the "Professional Chaplain14
Licensing Act".15
§3612. Definitions16
As used in this Chapter:17
(1) "Board" means the Louisiana State Board of Examiners of Professional18
Chaplains.19 HLS 10RS-387 ORIGINAL
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(2) "Professional chaplain" means any person who, by formal education and1
practical experience, is qualified to provide pastoral care services and is licensed as2
such in accordance with the provisions of this Chapter.3
(3) "Pastoral care" means the professional application of helping acts4
directed toward the spiritual healing, sustaining, guiding, and reconciling of persons5
whose troubles arise within the context of their ultimate meaning and concern.6
(4) "Qualified professional supervisor" includes:7
(a) A professional chaplain who has been licensed and is functioning in a8
licensed or board-approved pastoral care services program.9
(b) A credentialed health professional such as a board-certified social10
worker, licensed psychologist, or licensed physician.11
(c) Any other professional recognized by the board upon presentation of12
verification and documentation of his expertise.13
§3613. Louisiana State Board of Professional Chaplains; creation; appointments;14
term of office15
A. The Louisiana State Board of Examiners of Professional Chaplains,16
hereinafter referred to as the "board", is hereby created. The board shall consist of17
seven members appointed by the governor, subject to Senate confirmation.18
B. The board shall consist at all times of at least two members who are19
licensed professional chaplains, except that the initial appointments shall include at20
least two persons who are qualified to be licensed under this Chapter.21
C. Members of the board shall serve three-year terms, except that, in making22
the initial appointments, three members shall be appointed for a one-year term; two23
shall be appointed for a two-year term; and two shall be appointed for a three-year24
term. Members appointed to fill vacancies caused by death, resignation, or removal25
shall serve for the unexpired term of their predecessors.26
D. The board, its members, officers, employees, or agents shall not be liable27
in any civil action for any act performed in good faith in the execution of duties28
under this Chapter.29 HLS 10RS-387 ORIGINAL
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E. Each member shall serve without compensation.1
F. The board shall elect from its membership a chairman and such other2
officers as it deems necessary to carry out the duties and functions of the board. The3
board may employ persons necessary to carry out the provisions of this Chapter and4
fix their compensation.5
G. Four members of the board shall constitute a quorum for the transaction6
of all business.7
H. The board shall be financially self-sufficient. It shall receive no state8
funds through appropriation or otherwise and shall not expend any state funds. No9
state funds shall be expended or committed to expenditure for any group benefits10
program or any other health insurance or employee benefit program, for any11
retirement system, for any salary, travel or expenses, office supplies and materials,12
rent, purchase of any product or service, or for any other purpose.13
§3614. Powers and duties of the board14
The powers and duties of the board shall include:15
(1) Establish and publish minimum educational and experiential16
requirements for persons seeking licensure under the provisions of this Chapter.17
(2) Establish and publish minimum standards of practice in accordance with18
those developed and accepted by the profession.19
(3) Develop, publish, and make available to interested parties a bibliography20
and study guide for the examination.21
(4) Examine for, approve, deny, revoke, suspend, and renew licenses of duly22
qualified candidates.23
(5) Investigate complaints of illegal or unethical practices of candidates and24
licensed professional chaplains and persons who may represent themselves to be25
licensed professional chaplains.26
(6) Promulgate and publish rules and regulations for the purpose of27
administering the provisions of this Chapter.28 HLS 10RS-387 ORIGINAL
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(7) Conduct hearings on charges calling for revocation or suspension of1
licensure.2
(8) Adopt a code of ethics for licensed professional chaplains which shall be3
no less stringent than those adopted by other health care professionals.4
(9) Prescribe and adopt regulations, standards, procedures, and policies5
governing the manner and condition under which credit shall be given by the board6
for participation in a program of continuing professional education such as the board7
may consider necessary.8
(10) Maintain a complete roster of all professional chaplains licensed under9
this Chapter.10
(11) Promulgate rules and regulations to provide for reasonable fees to be11
assessed in accordance with the provisions of this Chapter.12
(12) Establish procedures for the identification and rehabilitation of licensees13
whose quality of service is impaired or otherwise seriously affected due to mental14
or physical conditions and make recommendations when appropriate for15
rehabilitation in lieu of revocation of license.16
§3615. Scope of practice17
A. The practice of professional chaplaincy, within the meaning and intent of18
this Chapter, shall consist of rendering individual, group, and family pastoral19
counseling services in ways that utilize one's religious beliefs, traditions, and20
practices to assist the person or persons to face openly such questions as the meaning21
and values in living, the pain of unresolved grief, guilt and remorse, loss of the will22
to live, and feelings of helplessness resulting from unresolved problems. The practice23
also includes mobilizing positive resources found within a religious faith or practice24
in the conduct of professional services, establishing and maintaining effective25
working relationships with community clergy and organizations, and participating26
in ecumenical and religious activities. It shall also include making appropriate27
referrals to other qualified professionals.28 HLS 10RS-387 ORIGINAL
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B. Nothing in this Chapter shall be construed to authorize a professional1
chaplain to practice medicine, social work, or psychology. A professional chaplain2
shall not order, administer, or interpret psychological tests or utilize psychometric3
procedures.4
§3616. Licensure requirements; applications; qualifications; examinations5
A. Any person seeking licensure as a professional chaplain shall submit an6
application to the board on a form and in such a manner as the board prescribes. The7
application form shall be accompanied by the initial application fee as provided for8
in this Chapter.9
B. Upon receipt of the application, the board shall, not less than thirty days10
prior to the examination provided for in R.S. 37:3614(4), notify each candidate that11
the application is satisfactory and accepted or unsatisfactory and rejected. If an12
application is rejected, the notice shall state the reasons for such rejection.13
C. The board shall issue a license to each candidate who:14
(1) Is at least twenty-one years of age.15
(2) Is a citizen of the United States. The board in its discretion may waive16
this requirement upon review of individual circumstances.17
(3) Is not in violation of any ethical standards subscribed to by the board.18
(4) Has not been convicted of a felony. The board in its discretion may19
waive this requirement upon review of individual circumstances.20
(5) Possesses a baccalaureate degree or master's degree in pastoral care,21
theology, or religion from a school or college recognized by the board.22
(6) Provides evidence of having successfully completed the experiential23
requirements for chaplain licensure as prescribed by the board, including two years24
of full-time practice in board-approved institutions in actual contact with clients25
while under the supervision of a clinical chaplain.26
(7) Demonstrates professional competence in pastoral care by passing a27
written examination and an oral examination.28 HLS 10RS-387 ORIGINAL
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(a) The board shall determine the scope and administration of the1
examination.2
(b) A candidate who fails either or both examinations but who meets all3
other requirements may retake either or both examinations.4
(c) Each application for examination shall be accompanied by the fee5
prescribed by the board.6
§3617. Fees7
A. To defray the cost of administering the provisions of this Chapter, the8
board shall fix reasonable fees for application for, renewal of, and reissuance of9
licenses, examination, reexamination, and other administrative functions provided10
for herein. The initial application fee shall not exceed two hundred dollars and such11
other fees as may be assessed shall be of a lesser amount and shall not exceed the12
amount required to maintain and pay the operating expenses of the board.13
B. Any fees fixed by the board shall be subject to legislative oversight14
review pursuant to the provisions of the Administrative Procedure Act.15
C. All monies collected under this Chapter shall be paid into the treasury of16
the board and may be expended by the board without appropriation for costs of17
administration, including salary of employees and other necessary expenses. Any18
funds remaining unexpended and unencumbered at the end of each fiscal year shall19
be retained by the board for expenditure in succeeding years and no part thereof shall20
revert to the general fund of the state of Louisiana.21
§3618. Renewal of licenses22
A. Every person licensed under the provisions of this Chapter shall renew23
his license every two years. Upon the receipt of the application for renewal and the24
renewal fee, the board shall verify the accuracy of the application for renewal and25
issue to the applicant a document renewing the license.26
B. Renewal of a license issued under this Chapter may be contingent upon27
the fulfillment of continuing education requirements if promulgated by the board.28 HLS 10RS-387 ORIGINAL
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§3619. Suspension, revocation of license; causes; hearing; appeal1
A. The board shall have the power to deny, revoke, or suspend the license2
of any person upon proof that such person:3
(1) Has been convicted of any offense which constitutes a felony under the4
laws of this state, whether or not the conviction was in a court of this state.5
(2) Has violated any provision of the ethical standards to which the board6
subscribes.7
(3) Attempted to practice medicine, psychology, or social work without8
being licensed in such professions.9
(4) Is impaired in the delivery of professional services because of alcohol or10
drug abuse, or because of medical or psychiatric disability.11
(5) Provided drugs or other restricted chemical substances to another person.12
(6) Allowed his license to be used by another person who illegally13
represented himself as a licensed professional chaplain.14
(7) Engaged in sexual misconduct with a client or a family member of a15
client.16
(8) Obtained licensure by means of fraud, misrepresentation, or concealment17
of material facts.18
(9) Has been found guilty of fraud or deceit in connection with services19
rendered.20
(10) Has been grossly negligent in his practice as a professional chaplain.21
(11) Has violated any lawful order, rule, or regulation rendered or adopted22
by the board.23
(12) Has violated any provision of this Chapter.24
B.(1) Any person whose license is sought to be revoked in accordance with25
the provisions of this Chapter shall be given thirty-days notice in writing detailing26
the charges and specifying the date for a hearing before the board conducted in27
accordance with the provisions of the Administrative Procedure Act.28 HLS 10RS-387 ORIGINAL
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(2) For purposes of such hearing, the board may issue subpoenas, compel the1
attendance and testimony of witnesses, and administer oaths.2
(3) A stenographic record of all proceedings before the board shall be made3
and a transcript kept on file with the board.4
C. Any person aggrieved by a decision of the board revoking his license may5
appeal the decision within thirty days to the district court for the parish wherein the6
hearing was held. In such a case, the board shall transmit to the district court a7
certified copy of the record. The district court shall try the appeal de novo.8
§3620. Injunctive relief; penalties9
A. The board may cause an injunction to be issued in any court of competent10
jurisdiction enjoining any person from violating the provisions of this Chapter.11
B. In the suit for an injunction, the board may demand of the defendant a12
penalty of not less than one hundred dollars nor more than one thousand dollars and13
attorney fees in addition to court costs. A judgment for penalties, attorney fees, and14
court costs may be rendered in the same judgment in which the injunction is made15
absolute.16
§3621. Exclusions17
A. Nothing in this Chapter shall be construed as preventing or restricting the18
practice, service, or activity of any person licensed or certified in this state by any19
other law from engaging in the profession or occupation for which he is licensed or20
certified.21
B. Nothing in this Chapter shall be construed as prohibiting other licensed22
professionals, including members of the clergy and Christian Science practitioners,23
from the delivery of medical, psychotherapeutic, counseling, social work,24
psychological, or educational services to their clients or patients.25
C. Nothing in this Chapter shall be construed as prohibiting the activities of26
any persons employed or supervised by a qualified professional supervisor while27
carrying out specific tasks under professional supervision. Such employee or28 HLS 10RS-387 ORIGINAL
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supervised candidate shall not represent himself to the public as a professional1
chaplain.2
§3622. Prohibited activities3
No person shall represent himself as a licensed professional chaplain unless4
he possesses a current license under the provisions of this Chapter.5
§3623. Penalties6
Whoever violates any provision of this Chapter shall be guilty of a7
misdemeanor and shall be punished by a fine of not less than one hundred dollars nor8
more than five hundred dollars, or imprisonment for not more than six months, or9
both.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richmond HB No. 686
Abstract: Creates the Professional Chaplain Licensing Act along with the Board of
Examiners of Professional Chaplains.
Proposed law provides for the Professional Chaplain Licensing Act.
Proposed law provides for definitions.
Proposed law creates the La. Board of Examiners of Professional Chaplains consisting of
seven members appointed by the governor, subject to Senate confirmation.
Proposed law provides that members of the board shall serve three-year terms, except that
terms are staggered on the first appointments.
Proposed law provides the board shall not be liable in any civil action for any act performed
in good faith in the execution of its duties.
Proposed law provides that each member of the board serve without compensation.
Proposed law provides for a chairman and other officers as the board deems necessary.
Proposed law allows the board to employ persons necessary to carry out the implementation
of the provisions of proposed law.
Proposed law provides that four members constitute a quorum.
Proposed law provides that the board shall be financially self-sufficient and receive no state
funds through appropriation or otherwise and shall not expend any state funds. No state
funds shall be expended or committed to expenditure for any group benefits program or any
other health insurance or employee benefit program, for any retirement system, for any HLS 10RS-387 ORIGINAL
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salary, travel or expenses, office supplies and materials, rent, purchase of any product or
service, or for any other purpose.
Proposed law provides that the powers and duties of the board shall include:
(1)Establish and publish minimum educational and experiential requirements for
persons seeking licensure.
(2)Establish and publish minimum standards of practice in accordance with those
developed and accepted by the profession.
(3)Develop, publish, and make available to interested parties a bibliography and study
guide for the examination.
(4)Examine for, approve, deny, revoke, suspend, and renew licenses of duly qualified
candidates.
(5)Investigate complaints of illegal or unethical practices of candidates and licensed
professional chaplains and persons who may represent themselves to be licensed
professional chaplains.
(6)Promulgate and publish rules and regulations.
(7)Conduct hearings on charges calling for revocation or suspension of licensure.
(8)Adopt a code of ethics for licensed professional chaplains which shall be no less
stringent than those adopted by other health care professionals.
(9)Prescribe and adopt regulations, standards, procedures, and policies governing the
manner and condition under which credit shall be given by the board for
participation in a program of continuing professional education such as the board
may consider necessary.
(10)Maintain a complete roster of all professional chaplains licensed.
(11)Promulgate rules and regulations to provide for reasonable fees.
(12)Establish procedures for the identification and rehabilitation of licensees whose
quality of service is impaired or otherwise seriously affected due to mental or
physical conditions and make recommendations when appropriate for rehabilitation
in lieu of revocation of license.
Proposed law provides that the practice of professional chaplaincy shall consist of rendering
individual, group, and family pastoral counseling services in ways that utilize one's religious
beliefs, traditions, and practices to assist the person or persons to face openly such questions
as the meaning and values in living, the pain of unresolved grief, guilt and remorse, loss of
the will to live, and feelings of helplessness resulting from unresolved problems.
Proposed law provides that an applicant shall be an individual who:
(1)Is at least 21 years of age.
(2)Is a citizen of the U.S.. The board in its discretion may waive this requirement upon
review of individual circumstances.
(3)Is not in violation of any ethical standards subscribed to by the board. HLS 10RS-387 ORIGINAL
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(4)Has not been convicted of a felony. The board in its discretion may waive this
requirement upon review of individual circumstances.
(5)Possesses a baccalaureate degree or master's degree in pastoral care, theology, or
religion from a school or college recognized by the board.
(6)Provides evidence of having successfully completed the experiential requirements
for chaplain licensure as prescribed by the board, including two years of full-time
practice in board-approved institutions in actual contact with clients while under the
supervision of a clinical chaplain.
(7)Demonstrates professional competence in pastoral care by passing a written
examination and an oral examination.
Proposed law provides that the board may charge fees that are adopted in accordance with
the Administrative Procedure Act.
Proposed law provides for renewal of a license every two years.
Proposed law provides that the board has the power to deny, revoke, or suspend the license
of a person who:
(1)Has been convicted of any offense which constitutes a felony under the laws of this
state, whether or not the conviction was in a court of this state.
(2)Has violated any provision of the ethical standards to which the board subscribes.
(3)Attempted to practice medicine, psychology, or social work without being licensed
in such professions.
(4)Is impaired in the delivery of professional services because of alcohol or drug abuse,
or because of medical or psychiatric disability.
(5)Provided drugs or other restricted chemical substances to another person.
(6)Allowed his license to be used by another person who illegally represented himself
as a licensed professional chaplain.
(7)Engaged in sexual misconduct with a client or a family member of a client.
(8)Obtained licensure by means of fraud, misrepresentation, or concealment of material
facts.
(9)Has been found guilty of fraud or deceit in connection with services rendered.
(10)Has been grossly negligent in his practice as a professional chaplain.
(11)Has violated any lawful order, rule, or regulation rendered or adopted by the board.
(12)Has violated any provision of proposed law.
Proposed law provides a licensee who has his license revoked has a right to appeal.
Proposed law allows the board to cause an injunction to be issued in any court of competent
jurisdiction enjoining any person from violating the provisions of proposed law.
Proposed law provides for exclusions in certain situations. HLS 10RS-387 ORIGINAL
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Proposed law prohibits a person from representing himself as a licensed professional
chaplain unless he possesses a current license.
Proposed law provides that any person who violates the provisions of proposed law shall be
guilty of a misdemeanor and shall be punished by a fine of not less than $100 nor more than
$500, or imprisonment for not more than six months, or both.
(Adds R.S. 37:3611-3623)