HLS 10RS-1332 ORIGINAL Page 1 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 989 Page 2 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 989 Page 3 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 989 Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 989 Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 989 Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 989 Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 989 Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored 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 HB NO. 989 Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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)