Louisiana 2010 2010 Regular Session

Louisiana House Bill HB989 Introduced / Bill

                    HLS 10RS-1332	ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 989
BY REPRESENTATIVE STIAES
COUNSELORS:  Provides relative to Licensed Marriage and Family Therapists
AN ACT1
To amend and reenact R.S. 37:1104(A), (B)(1) and (2)(a), and (C), 1110(A)(introductory2
paragraph), (2), (4), (5), and (7) and (E), 1116(A)(introductory paragraph) and (2),3
(B), (C)(introductory paragraph) and (1), and 1118 and to repeal R.S. 37:1103(12)4
and 1120, relative to licensed marriage and family therapists; to provide for two5
additional members to the Licensed Professional Counselors Board of Examiners;6
to provide for denial, revocation, or suspension of a licensee; to provide for changes7
to licensure application for marriage and family therapists; to provide for changes8
for reciprocity licensure; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:1104(A), (B)(1) and (2)(a), and (C), 1110(A)(introductory11
paragraph), (2), (4), (5), and (7) and (E), 1116(A)(introductory paragraph) and (2), (B),12
(C)(introductory paragraph) and (1), and 1118 are hereby amended and reenacted to read as13
follows: 14
§1104.  Louisiana Licensed Professional Counselors Board of Examiners15
A. There is hereby created in the Department of Health and Hospitals the16
Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred17
to as the "board", consisting of ten twelve members who shall be residents of the18
state of Louisiana.  Each term shall be for four years.  Seven appointments to the19
board, including one individual from the public at large, shall be made by the20 HLS 10RS-1332	ORIGINAL
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governor from a list of qualified candidates submitted by the executive board of the1
Louisiana Counseling Association. Three Five appointments to the board shall be2
made by the governor from a list of qualified candidates submitted by the executive3
board of the Louisiana Association for Marriage and Family Therapy.  Each4
appointment by the governor shall be submitted to the Senate for confirmation.5
B.(1)  The membership of the board shall consist of three licensed6
professional counselors, three educators who are licensed professional counselors7
and whose function is the training of mental health counselors in accredited8
programs, three five licensed marriage and family therapists, and one individual from9
the public at large.  The professional membership of the board shall be licensed10
under this Chapter. The board shall perform such duties and exercise such powers11
as this Chapter prescribes and confers upon it. No member of the board shall be12
liable in any civil action for any act performed in good faith in the execution of his13
duties under this Chapter.14
(2)(a) The board shall establish a Marriage and Family Therapy Advisory15
Committee, which shall consist of the three five licensed marriage and family16
therapist board members appointed by the governor from a list of names submitted17
by the executive board of the Louisiana Association for Marriage and Family18
Therapy.19
*          *          *20
C. No board member shall serve more than two full consecutive terms.  Any21
board member may be removed by the governor or majority vote of the board, after22
notice and hearing, for incompetence, neglect of duty, malfeasance in office, or23
moral turpitude. Any vacancy occurring in board membership for the three licensed24
professional counselors, three counselor educators, or one member of the public at25
large, other than by expiration of term, shall be filled appointed for the remainder of26
the unexpired term by the governor within thirty days from a list of qualified27
candidates supplied by the executive board of the Louisiana Counseling Association.28
Any vacancy occurring in board membership for the three five licensed marriage and29 HLS 10RS-1332	ORIGINAL
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family therapists, other than by expiration of term, shall be filled appointed for the1
remainder of the unexpired term by the governor within thirty days from a list of2
qualified candidates supplied by the executive board of the Louisiana Association3
for Marriage and Family Therapy.4
*          *          *5
§1110.  Denial, revocation, or suspension of license6
A. The board shall withhold, deny, revoke, or suspend any license issued or7
applied for in accordance with the provisions of this Chapter or otherwise discipline8
a licensed professional counselor licensee upon proof that the applicant or licensed9
professional counselor licensee:10
*          *          *11
(2) Has been convicted in a court of competent jurisdiction of any crime or12
offense which reflects the inability of the practitioner to practice mental health13
counseling with due regard for the health and safety of clients or patients.14
*          *          *15
(4) Is abusing drugs or alcohol to an extent or in a manner dangerous to any16
other person or the public, or to an extent that said use impairs his ability to perform17
the work of a licensed professional counselor licensee.18
(5) Has impersonated another person holding a professional mental health19
counselor license issued pursuant to this Chapter or allowed another person to use20
his license.21
*          *          *22
(7) Has allowed his name or license issued under this Chapter to be used in23
connection with any person or persons who perform mental health counseling24
services practice outside of the area of their training, experience, or competence.25
*          *          *26
E. The board is authorized to suspend the license of a licensed professional27
counselor licensee for a period not exceeding two years. At the end of this period,28
the board shall re-evaluate the suspension and may recommend to the chairman the29 HLS 10RS-1332	ORIGINAL
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reinstatement or revocation of the license. A person whose license has been revoked1
under the provisions of this Section may apply for reinstatement after a period of not2
less than two years from the date such denial or revocation is legally effective. The3
board may, upon favorable action by a majority of the board members present and4
voting, recommend such reinstatement.5
*          *          *6
§1116.  Licensure application for marriage and family therapists7
A.  Each person desiring to obtain a license as a practicing marriage and8
family therapist shall make application to the The board shall issue a license to each9
applicant who files an application upon such forms a form and in such manner as the10
board prescribes, accompanied by such fee as required by R.S. 37:1106, and shall11
furnish who furnishes evidence satisfactory to the board and the advisory committee12
that such person:13
*          *          *14
(2)  Is not engaged or has not engaged in any practice or conduct which15
would be grounds for refusing to issue a license. Is not in violation of any provision16
of this Chapter and the rules and regulations adopted by the board.17
*          *          *18
B. Any person who applies to the board for recommendation for licensure19
as a marriage and family therapist between January 1, 2003 and June 30, 2004, and20
who meets the requirements of Subsection A of this Section shall be recommended21
by the advisory committee to the board for issuance of a license upon providing22
satisfactory evidence to the advisory committee that such person meets the following23
education and experience requirements:24
(1)  An appropriate graduate degree in an allied mental health discipline as25
defined by the board upon recommendation of the advisory committee from a26
regionally accredited institution so recognized at the time of the granting of such27
degree.28 HLS 10RS-1332	ORIGINAL
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(2) At least two years of supervised clinical experience in the practice of1
marriage and family therapy.2
C. Any person who applies to the board for licensure as a marriage and3
family therapist after June 30, 2004, and An applicant who meets the requirements4
of Subsection A of this Section shall be recommended by the advisory committee to5
the board for issuance of a license by the board upon providing satisfactory evidence6
to the advisory committee that such person meets the following education and7
experience requirements:8
(1)  Successful completion of one of the following educational requirements:9
(a) A master's degree or a doctoral degree in marriage and family therapy10
from a recognized educational institution as defined in R.S. 37:1103(12) or a11
graduate degree in an allied field from a recognized educational institution as defined12
in R.S. 37:1103(12) and graduate level coursework which is equivalent to a master's13
degree in marriage and family therapy and is evidenced by certified transcripts14
demonstrating completion of coursework in the following areas: a program in a15
regionally accredited educational institution accredited by the Commission on16
Accreditation for Marriage and Family Therapy Education or a certificate from a17
postgraduate training institute in marriage and family therapy accredited by the18
Commission on Accreditation for Marriage and Family Therapy Education.19
(b) A master's or doctoral degree in marriage and family therapy or a related20
clinical mental health field from a regionally accredited institution of higher21
education with course work that includes practicum and internship work in marriage22
and family therapy determined by the advisory committee to be substantially23
equivalent to a graduate degree in marriage and family therapy from a program24
accredited by the Commission on Accreditation for Marriage and Family Therapy25
Education.26
(c) A certificate from a postgraduate training institute in marriage and family27
therapy with course work that includes practicum and internship work determined28
by the advisory committee to be substantially equivalent to a graduate degree in29 HLS 10RS-1332	ORIGINAL
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marriage and family therapy from a program accredited by the Commission on1
Accreditation for Marriage and Family Therapy Education.2
(a) Two or three semester courses, each course consisting of at least three3
hours, in Marriage and Family Therapy Foundations which includes coursework in4
the following areas: historical development, theoretical and empirical foundations,5
and contemporary conceptual directions of the field of marriage and family therapy.6
These areas shall provide a comprehensive survey and substantive understanding of7
the major models of marriage and family therapy.  Students should be able to8
conceptualize and distinguish the critical epistemological issues in the profession of9
marriage and family therapy.  If the applicant has five Marriage and Family Clinical10
Practice semester courses, each course consisting of at least three hours, then he is11
required only to obtain two semester courses in Marriage and Family Therapy12
Foundations.13
(b) Four or five semester courses, each course consisting of at least three14
hours, in Marriage and Family Therapy Clinical Practice which includes coursework,15
at a minimum, in the following areas: relational and systematic perspectives,16
psychopharmacology, physical health and illness, traditional psychodiagnostic17
categories, the assessment and treatment of major health issues and a wide variety18
of presenting problems.19
(c)  Two semester courses, each course consisting of at least three hours, in20
Individual Development and Family Relations which includes coursework in the21
following areas: individual development across the lifespan and family development22
across the lifespan.23
(d) One semester course consisting of at least three hours in Professional24
Identity and Ethics which includes coursework in the following areas: professional25
identity, professional socialization, scope of practice, membership in professional26
organizations, licensure, and certification, confidentiality issues, legal and ethical27
responsibilities of the profession, and recordkeeping. A generic course in ethics does28
not meet this requirement.29 HLS 10RS-1332	ORIGINAL
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(e) One semester course consisting of at least three hours in Marriage and1
Family Therapy Research which includes coursework in the following areas:2
research in marriage and family therapy while addressing research methodology,3
data analysis, and the evaluation of both quantitative and qualitative methods.4
(f) One semester course consisting of at least three hours in additional5
learning relevant to the field of Marriage and Family Therapy which includes course6
work that augments student's specialized interest and background in individual and7
family therapy.  The course work may be selected from a variety of disciplines.8
(2) Successful completion of two calendar years of work experience in9
marriage and family therapy under qualified supervision as defined in R.S.10
37:1103(11) following receipt of a qualifying degree.11
(3)  Passage of an examination administered by the board.12
*          *          *13
§1118.  Provisional and reciprocal Reciprocal licenses for marriage and family14
therapists15
A.  The advisory committee may develop rules and regulations to provide for16
recommendation to the board for the issuance of provisional licenses as marriage and17
family therapists for up to one year to those persons who have filed an application18
for licensure while such application is being processed by the board or while the19
applicant is waiting for the opportunity to take the first examination offered by the20
board after filing his application.21
B. The board shall issue, upon recommendation of the advisory committee,22
a license to any person who has been licensed or certified as a marriage and family23
therapist for at least five years in another state whose requirements for the license or24
certificate are equivalent to or exceed the requirements of this state, province,25
territorial possession of the United States, District of Columbia, or Commonwealth26
of Puerto Rico and has passed the Association of Marital and Family Therapy27
Regulatory Board's examination in Marital and Family Therapy, provided the28 HLS 10RS-1332	ORIGINAL
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applicant submits an application on forms prescribed by the board and upon payment1
of the required licensure fee.2
B. The board shall issue, upon recommendation of the advisory committee,3
a license to any person licensed as a marriage and family therapist for less than five4
years in another state, province, territorial possession of the United States, District5
of Columbia, or Commonwealth of Puerto Rico whose requirements for the license6
are substantially equivalent to or exceed the requirements of this state, provided the7
applicant submits an application on forms prescribed by the board and upon payment8
of the required licensure fee.9
Section 2.  R.S. 37:1103(12) and 1120 are hereby repealed in their entirety.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)]
Stiaes	HB No. 989
Abstract: Provides relative to Licensed Marriage and Family Therapists.
Present law provides for 10 members of the La. Licensed Professional Counselors Board of
Examiners where three appointments shall be licensed marriage and family therapists.
Proposed law changes present law from 10 members to 12 members and from three licensed
marriage and family therapists to five.
Present law provides for a Marriage and Family Therapy Advisory Committee which
consists of three board members appointed by the governor from a list of names submitted
by the executive board of the La. Assc. for Marriage and Family Therapy.
Proposed law changes present law from three board members to five licensed marriage and
family therapist board members.
Present law provides for the filling of vacancies on the board for the three licensed marriage
and family therapists.
Proposed law changes present law from three to five licensed marriage and family therapists.
Present law provides for the denial, revocation, or suspension of the license of a licensed
professional counselor and a licensed marriage and family therapist.
Proposed law changes present law to provide for the denial, revocation, or suspension of the
license of a licensee.
Present law provides that any person who applies to the board for licensure as a marriage and
family therapist after June 30, 2004, shall be recommended by the advisory committee to the
board for issuance of a license by the board upon providing satisfactory evidence to the HLS 10RS-1332	ORIGINAL
HB NO. 989
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are additions.
advisory committee that such person meets the following education and experience
requirements:
(1)A master's degree or a doctoral degree in marriage and family therapy from a
recognized educational institution or a graduate degree in an allied field from a
recognized educational institution and graduate level coursework which is equivalent
to a master's degree in marriage and family therapy and is evidenced by certified
transcripts demonstrating completion of coursework in the following areas:
(a)Two or three semester courses, each course consisting of at least three hours,
in Marriage and Family Therapy Foundations which includes coursework in
the following areas: historical development, theoretical and empirical
foundations, and contemporary conceptual directions of the field of marriage
and family therapy.  These areas shall provide a comprehensive survey and
substantive understanding of the major models of marriage and family
therapy.  Students should be able to conceptualize and distinguish the critical
epistemological issues in the profession of marriage and family therapy.  If
the applicant has five Marriage and Family Clinical Practice semester
courses, each course consisting of at least three hours, then he is required
only to obtain two semester courses in Marriage and Family Therapy
Foundations.
(b)Four or five semester courses, each course consisting of at least three hours,
in Marriage and Family Therapy Clinical Practice which includes
coursework, at a minimum, in the following areas: relational and systematic
perspectives, psychopharmacology, physical health and illness, traditional
psychodiagnostic categories, the assessment and treatment of major health
issues, and a wide variety of presenting problems.
(c)Two semester courses, each course consisting of at least three hours, in
Individual Development and Family Relations which includes coursework
in the following areas: individual development across the lifespan and family
development across the lifespan.
(d)One semester course consisting of at least three hours in Pro. Identity and
Ethics which includes coursework in the following areas: professional
identity, professional socialization, scope of practice, membership in
professional organizations, licensure, and certification, confidentiality issues,
legal and ethical responsibilities of the profession, and recordkeeping.
(e)One semester course consisting of at least three hours in Marriage and
Family Therapy Research which includes coursework in the following areas:
research in marriage and family therapy while addressing research
methodology, data analysis, and the evaluation of both quantitative and
qualitative methods.
(f)One semester course consisting of at least three hours in additional learning
relevant to the field of Marriage and Family Therapy which includes course
work that augments student's specialized interest and background in
individual and family therapy.  The course work may be selected from a
variety of disciplines.
(2)Successful completion of two calendar years of work experience in marriage and
family therapy under qualified supervision following receipt of a qualifying degree.
(3)Passage of an examination administered by the board.
Proposed law changes present law to that an applicant shall have one of the following: HLS 10RS-1332	ORIGINAL
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(1)A master's degree or a doctoral degree in marriage and family therapy from a
program in a regionally accredited educational institution accredited by the
Commission on Accreditation for Marriage and Family Therapy Education or a
certificate from a postgraduate training institute in marriage and family therapy
accredited by the Commission on Accreditation for Marriage and Family Therapy
Education.
(2)A master's or doctoral degree in marriage and family therapy or a related clinical
mental health field from a regionally accredited institution of higher education with
course work that includes practicum and internship work in marriage and family
therapy determined by the advisory committee to be substantially equivalent to a
graduate degree in marriage and family therapy from a program accredited by the
Commission on Accreditation for Marriage and Family Therapy Education.
(3)A certificate from a postgraduate training institute in marriage and family therapy
with course work that includes practicum and internship work determined by the
advisory committee to be substantially equivalent to a graduate degree in marriage
and family therapy from a program accredited by the Commission on Accreditation
for Marriage and Family Therapy Education.
Present law provides that the advisory committee may develop rules and regulations to
provide for recommendation to the board for the issuance of provisional licenses as marriage
and family therapists for up to one year to those persons who have filed an application for
licensure while such application is being processed by the board or while the applicant is
waiting for the opportunity to take the first examination offered by the board after filing his
application.
Proposed law repeals present law.
Present law provides that the board shall issue, upon recommendation of the advisory
committee, a license to any person licensed or certified as a marriage and family therapist
in another state whose requirements for the license or certificate are equivalent to or exceed
the requirements of this state and submits appropriate application and fee.
Proposed law changes present law to provide that the person be licensed as a marriage and
family therapist for at least five years in another state, province, territorial possession of the
U.S., D.C., or Puerto Rico and has passed the Association of Marital and Family Therapy
Regulatory Board's examination in Marital and Family Therapy.
Proposed law provides that the board shall issue, upon recommendation of the advisory
committee, a license to any person licensed as a marriage and family therapist for less than
five years in another state, province, territorial possession of the U.S., D.C., or Puerto Rico
whose requirements for the license are substantially equivalent to or exceed the requirements
of this state, provided the applicant submits appropriate application and fee.
Present law provides for the definition of "recognized education institution".
Proposed law repeals present law.
(Amends R.S. 37:1104(A), (B)(1) and (2)(a), and (C), 1110(A)(intro. para.), (2), (4), (5), and
(7) and (E), 1116(A)(intro. para.) and (2), (B), (C),(intro. para.) and (1), and 1118; Repeals
R.S. 37:1103(12) and 1120)