Louisiana 2010 2010 Regular Session

Louisiana House Bill HB989 Chaptered / Bill

                    ENROLLED
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ACT No. 613
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
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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
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§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
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§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
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(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
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(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
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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
applicant submits an application on forms prescribed by the board and upon payment29
of the required licensure fee.30 ENROLLEDHB NO. 989
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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: