ENROLLED Page 1 of 8 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 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)(introductory paragraph) and (1), and 1118 and to repeal R.S. 37:1103(12) and4 1120, relative to licensed marriage and family therapists; to provide for an additional5 member to the Licensed Professional Counselors Board of Examiners; to provide for6 denial, revocation, or suspension of a licensee; to provide for changes to licensure7 application for marriage and family therapists; to provide for changes for reciprocity8 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),12 (B)(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 eleven 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 governor from a list of qualified candidates submitted by the executive board of the21 Louisiana Counseling Association. Three Four appointments to the board shall be22 made by the governor from a list of qualified candidates submitted by the executive23 board of the Louisiana Association for Marriage and Family Therapy. Each24 appointment by the governor shall be submitted to the Senate for confirmation.25 ENROLLEDHB NO. 989 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B.(1) The membership of the board shall consist of three licensed1 professional counselors, three educators who are licensed professional counselors2 and whose function is the training of mental health counselors in accredited3 programs, three four licensed marriage and family therapists, and one individual4 from the public at large. The professional membership of the board shall be licensed5 under this Chapter. The board shall perform such duties and exercise such powers6 as this Chapter prescribes and confers upon it. No member of the board shall be7 liable in any civil action for any act performed in good faith in the execution of his8 duties under this Chapter.9 (2)(a) The board shall establish a Marriage and Family Therapy Advisory10 Committee, which shall consist of the three four licensed marriage and family11 therapist board members appointed by the governor from a list of names submitted12 by the executive board of the Louisiana Association for Marriage and Family13 Therapy.14 * * *15 C. No board member shall serve more than two full consecutive terms. Any16 board member may be removed by the governor or majority vote of the board, after17 notice and hearing, for incompetence, neglect of duty, malfeasance in office, or18 moral turpitude. Any vacancy occurring in board membership for the three licensed19 professional counselors, three counselor educators, or one member of the public at20 large, other than by expiration of term, shall be filled appointed for the remainder of21 the unexpired term by the governor within thirty days from a list of qualified22 candidates supplied by the executive board of the Louisiana Counseling Association.23 Any vacancy occurring in board membership for the three four licensed marriage and24 family therapists, other than by expiration of term, shall be filled appointed for the25 remainder of the unexpired term by the governor within thirty days from a list of26 qualified candidates supplied by the executive board of the Louisiana Association27 for Marriage and Family Therapy.28 * * *29 ENROLLEDHB NO. 989 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1110. Denial, revocation, or suspension of license1 A. The board shall withhold, deny, revoke, or suspend any license issued or2 applied for in accordance with the provisions of this Chapter or otherwise discipline3 a licensed professional counselor licensee upon proof that the applicant or licensed4 professional counselor licensee:5 * * *6 (2) Has been convicted in a court of competent jurisdiction of any crime or7 offense which reflects the inability of the practitioner to practice mental health8 counseling with due regard for the health and safety of clients or patients.9 * * *10 (4) Is abusing drugs or alcohol to an extent or in a manner dangerous to any11 other person or the public, or to an extent that said use impairs his ability to perform12 the work of a licensed professional counselor licensee.13 (5) Has impersonated another person holding a professional mental health14 counselor license issued pursuant to this Chapter or allowed another person to use15 his license.16 * * *17 (7) Has allowed his name or license issued under this Chapter to be used in18 connection with any person or persons who perform mental health counseling19 services practice outside of the area of their training, experience, or competence.20 * * *21 E. The board is authorized to suspend the license of a licensed professional22 counselor licensee for a period not exceeding two years. At the end of this period,23 the board shall re-evaluate the suspension and may recommend to the chairman the24 reinstatement or revocation of the license. A person whose license has been revoked25 under the provisions of this Section may apply for reinstatement after a period of not26 less than two years from the date such denial, or revocation is legally effective. The27 board may, upon favorable action by a majority of the board members present and28 voting, recommend such reinstatement.29 * * *30 ENROLLEDHB NO. 989 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1116. Licensure application for marriage and family therapists1 A. Each person desiring to obtain a license as a practicing marriage and2 family therapist shall make application to the The board shall issue a license to each3 applicant who files an application upon such forms a form and in such manner as the4 board prescribes, accompanied by such fee as required by R.S. 37:1106, and shall5 furnish who furnishes evidence satisfactory to the board and the advisory committee6 that such person:7 * * *8 (2) Is not engaged or has not engaged in any practice or conduct which9 would be grounds for refusing to issue a license. Is not in violation of any provision10 of this Chapter and the rules and regulations adopted by the board.11 * * *12 B. Any person who applies to the board for recommendation for licensure13 as a marriage and family therapist between January 1, 2003 and June 30, 2004, and14 who meets the requirements of Subsection A of this Section shall be recommended15 by the advisory committee to the board for issuance of a license upon providing16 satisfactory evidence to the advisory committee that such person meets the following17 education and experience requirements:18 (1) An appropriate graduate degree in an allied mental health discipline as19 defined by the board upon recommendation of the advisory committee from a20 regionally accredited institution so recognized at the time of the granting of such21 degree.22 (2) At least two years of supervised clinical experience in the practice of23 marriage and family therapy.24 C. Any person who applies to the board for licensure as a marriage and25 family therapist after June 30, 2004, and An applicant who meets the requirements26 of Subsection A of this Section shall be recommended by the advisory committee to27 the board for issuance of a license by the board upon providing satisfactory evidence28 to the advisory committee that such person meets the following education and29 experience requirements:30 ENROLLEDHB NO. 989 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1) Successful completion of one of the following educational requirements:1 (a) A master's degree or a doctoral degree in marriage and family therapy2 from a recognized educational institution as defined in R.S. 37:1103(12) or a3 graduate degree in an allied field from a recognized educational institution as defined4 in R.S. 37:1103(12) and graduate level coursework which is equivalent to a master's5 degree in marriage and family therapy and is evidenced by certified transcripts6 demonstrating completion of coursework in the following areas: a program in a7 regionally accredited educational institution accredited by the Commission on8 Accreditation for Marriage and Family Therapy Education or a certificate from a9 postgraduate training institute in marriage and family therapy accredited by the10 Commission on Accreditation for Marriage and Family Therapy Education.11 (b) A master's or doctoral degree in marriage and family therapy or a related12 clinical mental health field from a regionally accredited institution of higher13 education with course work that includes practicum and internship work in marriage14 and family therapy determined by the advisory committee to be substantially15 equivalent to a graduate degree in marriage and family therapy from a program16 accredited by the Commission on Accreditation for Marriage and Family Therapy17 Education.18 (c) A certificate from a postgraduate training institute in marriage and family19 therapy with course work that includes practicum and internship work determined20 by the advisory committee to be substantially equivalent to a graduate degree in21 marriage and family therapy from a program accredited by the Commission on22 Accreditation for Marriage and Family Therapy Education.23 (d) A masters degree or a doctoral degree in marriage and family therapy24 from a regionally accredited institution of higher education whose program and25 cirriculum was approved by the board through the advisory committee at anytime26 prior to July 1, 2010, and the applicant for licensure has at least five hundred hours27 of client contact, and where the client contact shall include all of the following:28 (i) Two hundred and fifty hours of relational therapy.29 ENROLLEDHB NO. 989 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (ii) One hundred hours in which the applicant has been subjected to qualified1 supervision as is defined in R.S. 37:1103 (11).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 ENROLLEDHB NO. 989 Page 7 of 8 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 applicant submits an application on forms prescribed by the board and upon payment29 of the required licensure fee.30 ENROLLEDHB NO. 989 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. The board shall issue, upon recommendation of the advisory committee,1 a license to any person licensed as a marriage and family therapist for less than five2 years in another state, province, territorial possession of the United States, District3 of Columbia, or Commonwealth of Puerto Rico whose requirements for the license4 are substantially equivalent to or exceed the requirements of this state, provided the5 applicant submits an application on forms prescribed by the board and upon payment6 of the required licensure fee.7 Section 2. R.S. 37:1103(12) and 1120 are hereby repealed in their entirety.8 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: