SLS 11RS-48 ORIGINAL
Page 1 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 226
BY SENATOR MOUNT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COUNSELING/GUIDANCE. Consolidates the State Board of Examiners of Psychologists
and the Louisiana Licensed Professional Counselors Board of Examiners into the Louisiana
Behavioral Sciences Regulatory Board. (See Act)
AN ACT1
To amend and reenact R.S. 12:1143, R.S. 13:3715.1(J) and 3715.3(G)(1)(a), R.S.2
15:560.2(B)(1), R.S. 17:2048.51(O)(1)(c), R.S. 23:1371.1(6), R.S. 36:259(E)(10),3
R.S. 37:1103(3), 1104, 1105, 1360.52(4), 1360.55(B)(1), 1360.57(1), 1744(A)(1),4
1745(A)(1), 1745.13(8), 2351, 2352(2), 2353, 2354(A), R.S. 40:2114(B), and R.S.5
44:4(29), to enact Chapter 28 of Title 40 of the Louisiana Revised Statutes of 1950,6
to be comprised of R.S. 40:2721 through 2726, and to repeal R.S. 36:259(EE),7
relative to boards and commissions; to create and establish the Louisiana Behavioral8
Sciences Regulatory Board; to consolidate the powers and duties of the Louisiana9
Licensed Professional Counselors Board of Examiners and the State Board of10
Examiners of Psychologists into the Louisiana Behavioral Sciences Regulatory11
Board; to provide for definitions; to provide for organization, membership,12
compensation, domicile, meetings, quorum, and powers and duties of the Louisiana13
Behavioral Sciences Regulatory Board; to provide for an annual report to be14
submitted by Louisiana Behavioral Sciences Regulatory Board; to provide for the15
prohibition on receipt or expenditure of state funds by the Louisiana Behavioral16
Sciences Regulatory Board; to provide for the transfer of assets, liabilities, and17 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 2 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
obligations; to provide for the transfer of documents; to provide for rules and1
regulations; and to provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1. R.S. 12:1143 is hereby amended and reenacted to read as follows:4
§1143. Regulation by the Louisiana State Board of Examiners of Psychologists5
Behavioral Sciences Regulatory Board6
Professional psychology corporations shall be subject to the discipline of the7
Louisiana State Board of Examiners of Psychologists Behavioral Sciences8
Regulatory Board and to its authority to adopt rules and regulations governing the9
practice of psychology.10
Section 2. R.S. 13:3715.1(J) and 3715.3(G)(1)(a) are hereby amended and reenacted11
to read as follows:12
§3715.1. Medical or hospital records of a patient; subpoena duces tecum and court13
order to a health care provider; reimbursement for records produced14
* * *15
J. The Louisiana State Board of Medical Examiners, Louisiana State Board16
of Dentistry, Louisiana State Board of Psychologists Behavioral Sciences17
Regulatory Board, Louisiana State Board of Nursing, Louisiana Board of18
Pharmacy, Louisiana State Board of Social Work Examiners, Louisiana State Board19
of Physical Therapy Examiners, and the Louisiana State Board of Chiropractic20
Examiners, while acting in an official capacity relating to an investigation of an21
individual over whom such board has regulatory authority shall be exempt from22
complying with the notice provisions of this Section when the subpoena clearly23
states that no notice or affidavit is required. Notwithstanding any privilege of24
confidentiality recognized by law, no health care provider or health care institution25
with which such health care provider is affiliated shall, acting under any such26
privilege, fail or refuse to respond to a lawfully issued subpoena of such board for27
any medical information, testimony, records, data, reports or other documents,28
tangible items, or information relative to any patient treated by such individual under29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 3 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
investigation; however, the identity of any patient identified in or by such records or1
information shall be maintained in confidence by such board and shall be deemed a2
privilege of confidentiality existing in favor of any such patient. For the purpose of3
maintaining such confidentiality of patient identity, such board shall cause any such4
medical records or the transcript of any such testimony to be altered so as to prevent5
the disclosure of the identity of the patient to whom such records or testimony6
relates.7
* * *8
§3715.3. Peer review committee records; confidentiality9
* * *10
G.(1) As used in this Subsection, the following terms shall mean:11
(a) "Board" means the Louisiana State Board of Medical Examiners,12
Louisiana State Board of Dentistry, Louisiana State Board of Psychologists13
Behavioral Sciences Regulatory Board, Louisiana State Board of Nursing,14
Louisiana Board of Pharmacy, as well as any Louisiana licensing and regulatory15
board or agency whose licensees, certificate holders, or registrants are subject to any16
form of peer review identified in Subsection A of this Section.17
* * *18
Section 3. R.S. 15:560.2(B)(1) is hereby amended and reenacted to read as follows:19
§560.2. Louisiana Sex Offender Assessment Panel20
* * *21
B. * * *22
(1) One member shall be either a psychologist licensed by the Louisiana State23
Board of Examiners of Psychologists Behavioral Sciences Regulatory Board or a24
medical psychologist licensed by the Louisiana State Board of Medical Examiners25
who has been engaged in the practice of clinical or counseling psychology for not26
less than three consecutive years who is employed by the Department of Public27
Safety and Corrections or the Department of Health and Hospitals or a physician in28
the employ of the Department of Public Safety and Corrections or the Department29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 4 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of Health and Hospitals or under contract to the Department of Public Safety and1
Corrections whose credentials and experience are compatible with the evaluation of2
the potential threat to public safety that may be posed by a sexually violent predator3
or a child sexual predator. If the psychologist or physician is an employee of the4
Department of Health and Hospitals, the secretary of both departments shall consult5
and jointly select the member.6
* * *7
Section 4. R.S. 17:2048.51(O)(1)(c) is hereby amended and reenacted to read as8
follows:9
§2048.51. Louisiana Health Works Commission; creation; membership;10
compensation; staff and facilities; powers and duties; data collection11
and reporting12
* * *13
O.(1) * * *14
(c) Compiling statistics which will be used to measure and track the supply15
of licensed health care professionals as evidenced by licenses and renewed licenses16
granted by the health care professional boards of the state of Louisiana. Those boards17
affected shall include but not be limited to:18
(i) Louisiana Board of Chiropractic Examiners.19
(ii) Louisiana State Board of Dentistry.20
(iii) Louisiana State Board of Examiners in Dietetics and Nutrition.21
(iv) Louisiana Board for Hearing Aid Dealers.22
(v) Louisiana Licensed Professional Counselors Board of Examiners23
Behavioral Sciences Regulatory Board.24
(vi) Louisiana State Board of Medical Examiners and related health25
professions under its jurisdiction.26
(vii) Louisiana State Board of Nursing.27
(viii) Louisiana Board of Examiners of Nursing Facility Administrators.28
(ix) Louisiana State Board of Optometry Examiners.29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 5 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(x) Louisiana Board of Pharmacy.1
(xi) Louisiana State Board of Physical Therapy Examiners.2
(xii) Louisiana State Board of Practical Nurse Examiners.3
(xiii) Louisiana State Board of Examiners of Psychologists.4
(xiv) (xiii) Louisiana Radiologic Technology Board of Examiners.5
(xv) (xiv) Louisiana State Board of Social Work Examiners.6
(xvi) (xv) Louisiana Board of Examiners for Speech-Language Pathology and7
Audiology.8
(xvii) (xvi) Louisiana Professional Vocational Rehabilitation Counselors9
Board of Examiners.10
(xviii) (xvii) Louisiana Board of Wholesale Drug Distributors.11
(xix) (xviii) Louisiana Department of Health and Hospitals and the health12
professions under its jurisdiction.13
* * *14
Section 5. R.S. 23:1371.1(6) is hereby amended and reenacted to read as follows:15
§1371.1. Definitions16
As used in this Part, unless the context clearly indicates otherwise, the17
following terms shall be given the meanings ascribed to them in this Section:18
* * *19
(6) "Psychologist" shall mean an individual licensed to practice psychology20
by the Louisiana State Board of Examiners of Psychologists Behavioral Sciences21
Regulatory Board or licensed to practice medical psychology by the Louisiana State22
Board of Medical Examiners, or, in the event an individual is practicing psychology23
in a jurisdiction other than Louisiana, licensed by the appropriate member board of24
the Association of State and Provincial Psychology Boards to practice psychology,25
who has registered specialty in a relevant clinical area of practice, who has been in26
clinical practice for at least three years and has training and experience in the27
evaluation, diagnosis, and treatment of mental retardation.28
* * *29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 6 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 6. R.S. 36:259(E)(10) is hereby amended and reenacted to read as follows:1
§259. Transfer of agencies and functions to Department of Health and Hospitals2
* * *3
E. The following agencies, as defined in R.S. 36:3, are transferred to and4
hereafter shall be within the Department of Health and Hospitals, as provided in R.S.5
36:803:6
* * *7
(10) State Board of Examiners for Psychologists (R.S. 37:2351-37:2368)8
Louisiana Behavioral Sciences Regulatory Board (R.S. 40:2721-2726)9
* * *10
Section 7. R.S. 37: 1103(3), 1104, 1105, 1360.52(4), 1360.55(B)(1), 1360.57(1),11
1744(A)(1), 1745(A)(1), 1745.13(8), 2351, 2352(2), 2353, and 2354(A) are hereby amended12
and reenacted to read as follows:13
§1103. Definitions14
* * *15
(3) "Board" means the Louisiana Licensed Professional Counselors Board of16
Examiners Behavioral Sciences Regulatory Board as provided for in R.S.17
40:2721 et seq.18
* * *19
§1104. Louisiana Licensed Professional Counselors Board of Examiners Marriage20
and Family Advisory Committee21
A. There is hereby created in the Department of Health and Hospitals the22
Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred23
to as the "board", consisting of eleven members who shall be residents of the state24
of Louisiana. Each term shall be for four years. Seven appointments to the board,25
including one individual from the public at large, shall be made by the governor from26
a list of qualified candidates submitted by the executive board of the Louisiana27
Counseling Association. Four appointments to the board shall be made by the28
governor from a list of qualified candidates submitted by the executive board of the29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 7 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Louisiana Association for Marriage and Family Therapy. Each appointment by the1
governor shall be submitted to the Senate for confirmation.2
B.(1) The membership of the board shall consist of three licensed3
professional counselors, three educators who are licensed professional counselors4
and whose function is the training of mental health counselors in accredited5
programs, four licensed marriage and family therapists, and one individual from the6
public at large. The professional membership of the board shall be licensed under7
this Chapter. The board shall perform such duties and exercise such powers as this8
Chapter prescribes and confers upon it. No member of the board shall be liable in9
any civil action for any act performed in good faith in the execution of his duties10
under this Chapter.11
(2)(a) A. The board shall establish a Marriage and Family Therapy Advisory12
Committee, which shall consist of the four licensed marriage and family therapist13
board members appointed by the governor from a list of names submitted by the14
executive board of the Louisiana Association for Marriage and Family Therapy.15
(b) B. The functions of the advisory committee shall be established by rules16
and regulations developed by the advisory committee, promulgated by the board, and17
approved jointly by the House and Senate Health and Welfare Committees and duly18
promulgated by the board pursuant to the Administrative Procedure Act.19
(c) C. The functions and duties of the advisory board may include but are not20
limited to the following:21
(i) (1) Develop rules and regulations in accordance with the Administrative22
Procedure Act as it may deem necessary to implement the provisions of this Chapter23
for promulgation and implementation by the board.24
(ii) (2) Examine and qualify all applicants for licensure as marriage and25
family therapists and recommend to the board each successful applicant for26
licensure, attesting to his professional qualifications to be a marriage and family27
therapist.28
(iii) (3) Develop for the board application forms for licensure pursuant to this29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 8 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Chapter.1
(iv) (4) Maintain complete records of all meetings, proceedings, and hearings2
conducted by the advisory committee.3
C. No board member shall serve more than two full consecutive terms. Any4
board member may be removed by the governor or majority vote of the board, after5
notice and hearing, for incompetence, neglect of duty, malfeasance in office, or6
moral turpitude. Any vacancy occurring in board membership for the three licensed7
professional counselors, three counselor educators, or one member of the public at8
large, other than by expiration of term, shall be appointed for the remainder of the9
unexpired term by the governor within thirty days from a list of qualified candidates10
supplied by the executive board of the Louisiana Counseling Association. Any11
vacancy occurring in board membership for the four licensed marriage and family12
therapists, other than by expiration of term, shall be appointed for the remainder of13
the unexpired term by the governor within thirty days from a list of qualified14
candidates supplied by the executive board of the Louisiana Association for15
Marriage and Family Therapy.16
D. Each board member shall serve without compensation, but shall be17
reimbursed for actual travel, incidental, and clerical expenses incurred while engaged18
on official board business.19
E. Each board member shall take the constitutional oath of office for state20
officials before any officer authorized to administer oaths in this state.21
F. This board shall be financially self-sufficient. It shall receive no state22
funds through appropriation or otherwise and shall not expend any such state funds.23
No state funds shall be expended or committed to expenditure for the group benefits24
program or any other health insurance or employee benefit program, for any25
retirement system, for any salary, per diem payment, travel or expenses, office26
supplies and materials, rent, purchase of any product or service, or for any other27
purpose.28
§1105. Board meetings; procedures; powers and duties29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 9 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. The board shall be domiciled in Baton Rouge and shall hold its meetings1
in places to be designated by the board. The board shall hold a meeting within sixty2
days after October 1, 1987, and semiannually thereafter. The board shall elect from3
its membership a chairman, vice chairman, and secretary. The board may meet at4
such other times as deemed necessary by the chairman, or by the majority of its5
members, or by the governor. Reasonable notice of all meetings shall be given in the6
manner prescribed by the board. Four members of the board shall constitute a7
quorum at any meeting or hearing.8
B. An executive director, who shall not be a member of the board, shall be9
employed, within the limits of the funds received by the board pursuant to R.S.10
37:1106. The board shall be empowered to accept grants from foundations and11
institutions to carry on its functions.12
C. The board shall adopt a seal which shall be affixed to all licenses issued13
by the board.14
D. A. The board shall adopt such rules, regulations, and examination15
procedures as it may deem necessary to effect the provisions of this Chapter. The16
board shall adopt the Code of Ethics of the American Counseling Association,17
including any revisions or additions deemed appropriate or necessary by the board.18
E. B. The board may examine, approve, revoke, suspend, and renew the19
license of applicants and conduct investigations into alleged violations by a licensed20
professional counselor or applicant of this Chapter and rules and regulations21
promulgated pursuant thereto. The board shall review applications at least once a22
year. The board shall keep a record of its proceedings including applicant23
examinations, a register of applicants for licenses, and a register of licensed24
professional counselors which shall be made available to the public. Any person25
aggrieved by a ruling of the board may, within thirty days after notification, appeal26
to the district court for the parish of East Baton Rouge. The board shall have the27
power to conduct hearings on suspension or revocation of a license.28
F. The board shall submit an annual report to the governor containing the29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 10 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
financial and professional actions of the board during the past year.1
G. C. The board shall approve, revoke, suspend, and renew the license of2
applicants for licensure as marriage and family therapists upon recommendation of3
the advisory committee.4
* * *5
§1360.52. Definitions6
As used in this Part the following words, terms, and phrases have the7
meaning ascribed to them in this Section, unless the context clearly indicates a8
different meaning:9
* * *10
(4) "LSBEP" means the Louisiana State Board of Examiners of Psychologists11
"LBSRB" means the Louisiana Behavioral Sciences Regulatory Board.12
* * *13
§1360.55. Qualifications of applicants14
* * *15
B. After January 1, 2010, the board shall issue a medical psychology license16
to applicants who submit an application upon a form and in such a manner as the17
board prescribes and who furnish evidence to the board which meets all of the18
following criteria:19
(1) Holds a current and unrestricted license in good standing to practice20
psychology issued by the Louisiana State Board of Examiners of Psychologists21
Behavioral Sciences Regulatory Board.22
* * *23
§1360.57. Certificate of advanced practice24
Medical psychologists who satisfy the requirements specified by R.S.25
37:1360.55(A) and who possess all of the following additional qualifications to the26
satisfaction of the board shall be issued a certificate of advanced practice:27
(1) Three years of experience practicing as a medical psychologist. For those28
individuals licensed under R.S. 37:1360.55(A), such experience shall be deemed to29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 11 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
have commenced with the issuance of the original certificate of prescriptive authority1
issued by the Louisiana State Board of Examiners of Psychologists Behavioral2
Sciences Regulatory Board.3
* * *4
§1744. Disclosure of financial interest by referring health care providers5
A. For the purposes of this Section, the following terms shall have the6
following meanings:7
(1) "Board" means Louisiana State Board of Medical Examiners, Louisiana8
State Board of Dentistry, Louisiana Board of Chiropractic Examiners, Louisiana9
State Board of Optometry Examiners, Louisiana State Board of Physical Therapy10
Examiners, Louisiana State Board of Examiners for Psychologists Behavioral11
Sciences Regulatory Board, Louisiana State Board of Nursing, Louisiana Licensed12
Professional Counselors Board of Examiners, Louisiana State Board of Practical13
Nurse Examiners, Louisiana Licensed Professional Counselors Board of Examiners,14
or Louisiana Board of Pharmacy.15
* * *16
§1745. Prohibition on payment for patient referrals17
A. For the purposes of this Section, the following terms shall have the18
following meanings:19
(1) "Board" means the Louisiana State Board of Medical Examiners,20
Louisiana Board of Chiropractic Examiners, Louisiana State Board of Dentistry,21
Louisiana State Board of Optometry Examiners, Louisiana State Board of Physical22
Therapy Examiners, Louisiana State Board of Examiners for Psychologists23
Behavioral Sciences Regulatory Board, Louisiana State Board of Nursing,24
Louisiana Licensed Professional Counselor Board of Examiners, Louisiana State25
Board of Practical Nurse Examiners, or Louisiana Board of Pharmacy.26
* * *27
§1745.13. Definitions28
For the purposes of this Part, the following terms shall have the following29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 12 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
meanings, unless the context clearly indicates otherwise:1
* * *2
(8) "Professional licensing board" means the Louisiana State Board of3
Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board4
of Dentistry, or the Louisiana State Board of Examiners of Psychologists Behavioral5
Sciences Regulatory Board.6
* * *7
§2351. Declaration of purpose8
It is hereby declared that the creation of a State Board of Examiners of9
Psychologists it is necessary to regulate the practice of psychology in order to10
safeguard life, health, property and the public welfare of this state, and in order to11
protect the people of this state against unauthorized, unqualified, and improper12
application of psychology.13
§2352. Definition of terms14
As used in this Chapter the following terms mean:15
* * *16
(2) "Board" means the State Board of Examiners of Psychologists Louisiana17
Behavioral Sciences Regulatory Board as provided for in R.S. 40:2721 et seq.18
* * *19
§2353. State board of examiners; organization; duties; meetings; fees Board powers20
and duties21
A.(1) There is hereby created within the Department of Health and Hospitals22
a Louisiana State Board of Examiners of Psychologists which shall be subject to the23
provisions of R.S. 36:803. The board shall consist of five members who are citizens24
of the United States, residents of the state of Louisiana, and appointed by the25
governor.26
(2) Upon expiration of the three-year terms of the members in office on27
September 1, 1987, and except for the transition set forth below, the governor shall28
appoint members for terms of five years. For the two vacancies occurring July 1,29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 13 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
1988, one member shall be appointed for a three-year term and one member for a1
four-year term; for the vacancy occurring July 1, 1989, the member shall be2
appointed for a four-year term; and for the two vacancies occurring July 1, 1990, one3
member shall be appointed for a four-year term and one member for a five-year term.4
A board member shall not be eligible to succeed himself. All appointments shall be5
from a list provided by the Louisiana Psychological Association. The list shall report6
the results of an election in which persons qualified for board membership may7
nominate themselves and in which licensed members of the Louisiana Psychological8
Association and other persons licensed under this Chapter are entitled to one vote for9
each vacancy on the board.10
(3) Each board member shall have rendered service, teaching, training, or11
research in psychology for at least five years, shall have held a doctoral degree in12
psychology from a school or college as defined in this Chapter for a period of five13
years, and shall be licensed under this Chapter.14
(4) Board members shall serve without compensation but shall receive15
seventy-five dollars per diem allowance plus the mileage rate provided state16
employees to cover expenses incurred while engaged in the discharge of their duties.17
(5) Membership on the board of a public employee or official shall not18
constitute dual office holding within the meaning of R.S. 42:61 et seq.19
(6) Each appointment by the governor shall be submitted to the Senate for20
confirmation.21
B. The board shall, annually in the month of July, hold a meeting and elect22
from its membership a chairman and vice chairman. Special sessions may be called23
by the chairman or the governor. A majority of the board shall constitute a quorum24
at any meeting or hearing.25
C. The board is authorized and empowered to:26
(1) Adopt, and from time to time, revise, such rules and regulations not27
inconsistent with the law as may be necessary to effect the provisions of this28
Chapter.29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 14 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Employ, within the limits of the funds received by the board, an1
administrative assistant, general legal counsel, or other personnel necessary for the2
proper performance of work under this Chapter.3
(3) Adopt a seal, which shall be affixed to all licenses issued by the board.4
(4) (2) Examine for, deny, approve, revoke, suspend, and renew the licenses5
of applicants, candidates, and psychologists as provided under this Chapter.6
(5) (3) Conduct hearings upon complaints concerning the disciplining of a7
psychologist; provided that, notwithstanding Chapter 1-A of Title 37 of the8
Louisiana Revised Statutes of 1950, no disciplinary proceeding shall be commenced9
more than one year after the date upon which the board knows or should know of the10
act or omission upon which the disciplinary action is based.11
(6) (4) Cause the prosecution and enjoinder of all persons violating this12
Chapter, and incur necessary expenses therefor.13
D. The board shall have the authority to correct an error made in processing14
an application, examining a candidate, investigating a complaint, rendering due15
process during hearings, or in any of its other activities.16
E. Any person aggrieved by an action of the board may seek judicial review17
in the district court for the parish of East Baton Rouge in accordance with the18
Louisiana Administrative Procedure Act, R.S. 49:950 et seq.19
F. Within thirty days after the close of each fiscal year, the board shall submit20
a report, reviewed and signed by the board members, to the governor, concerning the21
financial and professional transactions of the board during the preceding fiscal year.22
G. This board shall be financially self-sufficient. It shall receive no state23
funds through appropriation or otherwise and shall not expend any such state funds.24
No state funds shall be expended or committed to expenditure for the group benefits25
program or any other health insurance or employee benefit program, for any26
retirement system, for any salary, per diem payment, travel or expenses, office27
supplies and materials, rent, purchase of any product or service, or for any other28
purpose.29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 15 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§2354. Fees1
A. All monies received by the board under this Chapter shall be paid into the2
treasury of the State Board of Examiners of Psychologists board and may be3
expended by the board without appropriation for costs of administration and other4
expenses, and any surplus at the end of a fiscal year or a biennium may be retained5
by the board for future expenditures and the board is not required to pay any such6
surplus into the general fund of the state of Louisiana.7
* * *8
Section 8. R.S. 40:2114(B) is hereby amended and reenacted to read as follows:9
§2114. Organization of medical and dental staff10
* * *11
B. Each hospital offering care or services within the scope of the practice of12
psychology, as defined in R.S. 37:2352(5), shall establish rules, regulations, and13
procedures for consideration of an application for medical staff membership and14
clinical privileges submitted by a psychologist licensed to practice psychology by the15
Louisiana State Board of Examiners of Psychologists Behavioral Sciences16
Regulatory Board or a medical psychologist licensed to practice medical17
psychology by the Louisiana State Board of Medical Examiners. No hospital shall18
deny such medical staff membership and clinical privileges solely because the19
applicant is licensed under R.S. 37:2351 et seq., or R.S. 37:1360.51 et seq.20
* * *21
Section 9. R.S. 44:4(29) is hereby amended and reenacted to read as follows:22
§4. Applicability23
* * *24
(29) To any records, writings, accounts, recordings, letters, exhibits, data,25
pictures, drawings, charts, photographs, or copies or memoranda thereof, and any26
report or reports concerning the fitness of any person to receive or continue to hold27
a license to practice as a psychologist in the custody or control of the Louisiana State28
Board of Examiners of Psychologists Behavioral Sciences Regulatory Board or to29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 16 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
receive or continue to hold a license to practice as a medical psychologist in the1
custody or control of the Louisiana State Board of Medical Examiners; however, any2
action taken by the board and any legal grounds upon which such action is based,3
relative to the fitness of any person to receive or continue to hold a license to4
practice as a psychologist shall be a public record, and statistical reports which do5
not reveal the identity of any licensed psychologist may be released to the public.6
* * *7
Section 10. Chapter 28 of Title 40 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 40:2721 through 2726, is hereby enacted to read as follows:9
§2721. Louisiana Behavioral Sciences Regulatory Board; organization;10
membership; appointment and removal; oath; compensation11
A. There is hereby created within the Department of Health and12
Hospitals the Louisiana Behavioral Sciences Regulatory Board which shall be13
subject to the provisions of R.S. 36:803. The board shall consist of nine14
members who are citizens of the United States and residents of the state of15
Louisiana.16
B. The membership of the Louisiana Behavioral Sciences Regulatory17
Board shall be appointed by the governor and submitted to the Senate for18
confirmation, and shall consist of the following:19
(1) Three members representing the psychology profession who each20
satisfy the following criteria:21
(a) Has rendered service, teaching , training, or research in psychology22
for at least five years.23
(b) Holds a doctoral degree in psychology from a school or college as24
defined in R.S. 37:2352 for a period of five years.25
(c) Holds a current and unrestricted license under Chapter 27 of Title 3726
of the Louisiana Revised Statutes of 1950.27
(d) Has been included on the list submitted by the Louisiana28
Psychological Association to the governor for consideration for appointment.29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 17 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Three members representing the mental health counseling profession,1
of which two members shall be selected by the governor from a list submitted2
by the Louisiana Counseling Association and one member selected by the3
governor from a list submitted by the Louisiana Association of Marriage and4
Family Therapy. Each member shall be duly licensed pursuant to Chapter 135
of Title 37 of the Louisiana Revised Statutes of 1950.6
(3) Three members who shall represent the general public and who are7
not, and have never been, licensed in a mental health related profession and who8
are in no way connected with the practice of any such profession regulated by9
the board.10
C.(1) No later than December 1, 2011, the governor shall initially appoint11
the nine members of the board as follows:12
(a) Three members for terms of two years.13
(b) Three members for terms of three years.14
(c) Three members for terms of four years.15
(2) As the terms of the initial appointments expire, the governor shall16
appoint successors for terms of four years.17
D. Each member shall hold office until the expiration of his appointed18
term or until a successor is duly appointed. Any vacancy occurring in board19
membership other than by expiration of term shall be filled by the governor,20
under the provisions of Subsection B of this Section, by appointment of a21
member to serve for the unexpired term. A board member may be removed22
upon one or more of the following grounds:23
(1) The refusal or inability of a board member for any reason to perform24
the duties as a member of the board in an efficient, responsible, and25
professional manner.26
(2) The misuse of office by a member of the board for pecuniary or27
material gain personally or for another through such office.28
(3) For other just and reasonable causes as determined solely by the29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 18 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
board pursuant to applicable laws.1
E. Each board member shall receive a certificate of appointment from2
the governor. Before commencing the discharge of his duties, and within thirty3
days from the effective date of his appointment, each board member shall4
subscribe to the oath for state officials before any officer authorized to5
administer oaths in this state and shall file the oath with the secretary of state.6
F. Board members shall serve without compensation but shall receive7
seventy-five dollars per diem allowance plus the mileage rate provided state8
employees to cover expenses incurred while engaged in the discharge of their9
duties.10
§2722. Board; domicile; meetings; quorum11
The board shall be domiciled in Baton Rouge and shall hold its meetings12
in places to be designated by the board. The board shall hold a meeting within13
forty-five days after December 1, 2011, and at least semiannually thereafter.14
The board shall, at its initial meeting, elect from its membership a chairman,15
vice chairman, and secretary, and thereafter the board shall, annually in the16
month of July, hold a meeting and elect from its membership a chairman and17
vice chairman, and secretary. The board may meet at such other times as18
deemed necessary by the chairman, or by the majority of its members, or by the19
governor. Five members of the board shall constitute a quorum at any meeting20
or hearing.21
§2723. Board; powers and duties22
A. On and after December 1, 2011, the board is authorized and23
empowered to:24
(1) Perform such duties and exercise such powers as this Chapter25
prescribes and confers upon it.26
(2) Employ, within the limits of the funds received by the board, an27
executive director and any other administrative assistants, general legal counsel,28
or other personnel necessary for the proper performance of work under this29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 19 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Chapter. The board may enter into such professional service contracts as1
necessary to carry out its responsibilities under this Chapter in accordance with2
R.S. 36:803.3
(3) Adopt a seal, which shall be affixed to all licenses issued by the board.4
(4) Cause the prosecution and enjoinder of all persons violating this5
Chapter, Chapter 13 or Chapter 28 of Title 37 of the Louisiana Revised Statutes6
of 1950, and incur necessary expenses therefor.7
(5) Correct an error made in processing an application, examining a8
candidate, investigating a complaint, rendering due process during hearings, or9
in any of its other activities.10
B. On and after January 1, 2012, the board is authorized and empowered11
to:12
(1) Perform such duties and exercise such powers as are prescribed and13
conferred by Chapters 13 and 28 of Title 37 of the Louisiana Revised Statutes14
of 1950.15
(2) Adopt, and from time to time, revise, such rules and regulations not16
inconsistent with the law as may be necessary to effectuate the provisions of17
Chapters 13 and 28 of Title 37 of the Louisiana Revised Statutes of 1950.18
§2724. Board; judicial review19
Any person aggrieved by an action of the board may seek judicial review20
in the district court for the parish of East Baton Rouge in accordance with the21
Louisiana Administrative Procedure Act, R.S. 49:950 et seq. No member of the22
board shall be liable in any civil action for any act performed in good faith in23
the execution of his duties under this Chapter or Chapters 13 or 28 of Title 3724
of the Louisiana Revised Statutes of 1950.25
§2725. Board; annual report26
Within thirty days after the close of each fiscal year, the board shall27
submit a report, reviewed and signed by the board members, to the governor,28
concerning the financial and professional transactions of the board during the29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 20 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
preceding fiscal year.1
§2726. Board; prohibition on receipt of state funds2
The board shall be financially self-sufficient. It shall receive no state3
funds through appropriation or otherwise and shall not expend any such state4
funds. No state funds shall be expended or committed to expenditure for the5
group benefits program or any other health insurance or employee benefit6
program, for any retirement system, for any salary, per diem payment, travel7
or expenses, office supplies and materials, rent, purchase of any product or8
service, or for any other purpose.9
Section 11. R.S. 36:259(EE) is hereby repealed in its entirety.10
Section 12. (A) The State Board of Examiners of Psychologists and the Louisiana11
Licensed Professional Counselors Board of Examiners shall provide all resources to the12
Louisiana Behavioral Sciences Regulatory Board which are necessary to ensure that there13
is a minimum amount of disruption of the services provided to the professionals licensed by14
these boards during the transition period.15
(B) Transfer of licenses. After December 31, 2011, all current licenses issued by the16
State Board of Examiners of Psychologists and the Louisiana Licensed Professional17
Counselors Board of Examiners shall be transferred to the Louisiana Behavioral Sciences18
Regulatory Board. Nothing in this Act shall be deemed to change or extend the expiration19
date of current licenses issued by the State Board of Examiners of Psychologists or the20
Louisiana Licensed Professional Counselors Board of Examiners.21
(C) Legal proceedings and documents continued. Any legal proceeding to which the22
State Board of Examiners of Psychologists or the Louisiana Licensed Professional23
Counselors Board of Examiners is a party and which is filed, initiated, or pending before any24
court on the effective date of this Section, and all documents involved in or affected by such25
legal proceeding, shall retain their effectiveness and shall be continued in the name of the26
State Board of Examiners of Psychologists or the Louisiana Licensed Professional27
Counselors Board of Examiners. All further legal proceedings and documents in the28
continuation, disposition, and enforcement of such legal proceedings shall be in the name29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 21 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the State Board of Examiners of Psychologists or the Louisiana Licensed Professional1
Counselors Board of Examiners and the Louisiana Behavioral Sciences Regulatory Board2
shall be substituted for the State Board of Examiners of Psychologists or the Louisiana3
Licensed Professional Counselors Board of Examiners without the necessity for amendment4
of any document to substitute the name of the Louisiana Behavioral Sciences Regulatory5
Board or the name or title of any office, official, employee, or other agent or representative6
of the Louisiana Behavioral Sciences Regulatory Board. Any legal proceeding and all7
documents involved in or affected by such legal proceeding, which has been continued in8
the name of the Louisiana Behavioral Sciences Regulatory Board shall retain their9
effectiveness, and those provisions of this Section requiring that the continuation,10
disposition, and enforcement of a legal proceeding and documents related thereto shall be11
in the name of the State Board of Examiners of Psychologists or the Louisiana Licensed12
Professional Counselors Board of Examiners and shall not affect their validity.13
(D) Protection of obligations. This Act is not intended to and it shall not be14
construed so as to impair the contractual or other obligations of the State Board of15
Examiners of Psychologists or the Louisiana Licensed Professional Counselors Board of16
Examiners. All obligations of the State Board of Examiners of Psychologists or the17
Louisiana Licensed Professional Counselors Board of Examiners hereafter shall be18
considered to be the obligations of the Louisiana Behavioral Sciences Regulatory Board to19
the same extent as if originally made by it and the same are hereby ratified. In like manner,20
and in order to prevent any violation of the provisions, terms, or conditions of any gift,21
donation, deed, will, trust, or other instrument or disposition by which property vested in the22
Louisiana Behavioral Sciences Regulatory Board by this Act was previously vested in the23
State Board of Examiners of Psychologists or the Louisiana Licensed Professional24
Counselors Board of Examiners or diversion from the purposes for which such property was25
so vested, it is hereby specifically provided that each such instrument or disposition hereafter26
shall be considered to have vested such property in the Louisiana Behavioral Sciences27
Regulatory Board in the same manner and to the same extent as if originally so done. The28
Louisiana Behavioral Sciences Regulatory Board shall be the successor in every way to the29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 22 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
State Board of Examiners of Psychologists and the Louisiana Licensed Professional1
Counselors Board of Examiners, including all of the obligations and debts of the State Board2
of Examiners of Psychologists and the Louisiana Licensed Professional Counselors Board3
of Examiners.4
(E) Transfer of property. All books, papers, records, money, actions, and other5
property of every kind, movable and immovable, real and personal, heretofore possessed,6
controlled, or used by the State Board of Examiners of Psychologists or the Louisiana7
Licensed Professional Counselors Board of Examiners are hereby transferred to the8
Louisiana Behavioral Sciences Regulatory Board. All funds of the State Board of Examiners9
of Psychologists and the Louisiana Licensed Professional Counselors Board of Examiners10
are hereby transferred to the Louisiana Behavioral Sciences Regulatory Board.11
(F) Unfinished business. Upon the abolition of the State Board of Examiners of12
Psychologists and the Louisiana Licensed Professional Counselors Board of Examiners any13
pending or unfinished business of the State Board of Examiners of Psychologists or the14
Louisiana Licensed Professional Counselors Board of Examiners shall be taken over and be15
completed by the Louisiana Behavioral Sciences Regulatory Board with the same power and16
authorization as that which was exercised by the State Board of Examiners of Psychologists17
or the Louisiana Licensed Professional Counselors Board of Examiners, respectively. The18
Louisiana Behavioral Sciences Regulatory Board shall be the successor in every way to the19
State Board of Examiners of Psychologists and the Louisiana Licensed Professional20
Counselors Board of Examiners, and every act done by the Louisiana Behavioral Sciences21
Regulatory Board in the exercise of the functions transferred from the State Board of22
Examiners of Psychologists or the Louisiana Licensed Professional Counselors Board of23
Examiners shall be considered to have the same force and effect under any provisions of the24
constitution and laws in effect on the effective date of this Section as if done by State Board25
of Examiners of Psychologists or the Louisiana Licensed Professional Counselors Board of26
Examiners.27
(G) Rules and regulations. All duly promulgated rules and regulations of the State28
Board of Examiners of Psychologists and the Louisiana Licensed Professional Counselors29 SB NO. 226
SLS 11RS-48 ORIGINAL
Page 23 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Board of Examiners shall remain in effect and transferred under the jurisdiction of the1
Louisiana Behavioral Sciences Regulatory Board. The office of state register is hereby2
directed and authorized to make any revisions necessary in those rules and regulations to3
change to all references to the State Board of Examiners of Psychologists and the Louisiana4
Licensed Professional Counselors Board of Examiners to the Louisiana Behavioral Sciences5
Regulatory Board.6
Section 13. The State Board of Examiners of Psychologists and the Louisiana7
Licensed Professional Counselors Board of Examiners are hereby terminated.8
Section 14. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 13 of this Act shall become9
effective on January 1, 2012.10
Section 15. Sections 10, 12, 14 and this Section of this Act shall become effective11
upon signature by the governor or, if not signed by the governor, upon expiration of the time12
for bills to become law without signature by the governor, as provided by Article III, Section13
18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved14
by the legislature, this Act shall become effective on the day following such approval.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law provides that the practice of psychology is to be regulated by the State Board of
Examiners of Psychologists ("LBEP").
Present law provides that the practice of mental health counseling is to be regulated by the
Louisiana Licensed Professional Counselors Board of Examiners ("LPCBE").
Proposed law creates the Louisiana Behavioral Sciences Regulatory Board ("LBSRB") and
consolidates the powers and duties of the State Board of Examiners of Psychologists and the
Louisiana Licensed Professional Counselors Board of Examiners into this newly created
board.
Proposed law changes references to the LBEP and LPCBE to the LBSRB.
Proposed law provides that the membership of the Louisiana Behavioral Sciences
Regulatory Board shall be appointed by the governor and be submitted to the Senate for
confirmation and shall consist of the following:
(1) Three members representing the psychology profession who each satisfy criteria set
forth in proposed law.
(2) Three members representing the mental health counseling profession, of which two
members shall be selected by the governor from a list submitted by the Louisiana SB NO. 226
SLS 11RS-48 ORIGINAL
Page 24 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Counseling Association and one member selected by the governor from a list
submitted by the Louisiana Association of Marriage and Family Therapy.
(3) Three members who shall represent the general public and who are not and have
never been licensed in a mental health related profession and who are in no way
connected with the practice of any such profession regulated by the board.
Proposed law provides that no later than December 1, 2011, the governor shall initially
appoint the nine members of the board as follows:
(i) Three members for terms of two years.
(ii) Three members for terms of three years.
(iii) Three members for terms of four years.
Proposed law further provides that as the terms of the initial appointments expire, the
governor shall appoint successors for terms of four years.
Proposed law provides for the procedure to be followed in the event of a vacancy, or when
an appointed member does not hold office until the expiration of the appointed term.
Proposed law provides for the grounds upon which a board member may be removed.
Proposed law provides for the procedure which must be followed by an appointed member
prior to commencing the discharge of his duties.
Proposed law provides that board members shall serve without compensation but shall
receive $75 per diem allowance plus the mileage rate provided state employees while
engaged in the discharge of their duties.
Proposed law provides that the board shall be domiciled in Baton Rouge and shall hold its
meetings in places to be designated by the board.
Proposed law provides for the frequency of board meetings, quorum requirements, and for
the election of officers.
Proposed law provides that the Louisiana Behavioral Sciences Regulatory Board shall
become effective on December 1, 2011, and shall replace the State Board of Examiners of
Psychologists and Louisiana Licensed Professional Counselors Board of Examiners on
January 1, 2012.
Proposed law provides for a limitation of liability for board members for any act performed
in good faith in the execution of his duties under proposed and present law.
Proposed law requires the board to submit certain financial information of the board
annually to the governor.
Proposed law prohibits the board from receiving or expending any state funds through
appropriation or otherwise. Proposed law further provides that no state funds shall be
expended or committed to expenditure for the group benefits program or any other health
insurance or employee benefit program, for any retirement system, for any salary, per diem
payment, travel or expenses, office supplies and materials, rent, purchase of any product or
service, or for any other purpose.
Proposed law provides that LBEP and LPCBE shall provide all resources to the Louisiana
Behavioral Sciences Regulatory Board which are necessary to ensure that there is a
minimum amount of disruption of the services provided to the professionals licensed by SB NO. 226
SLS 11RS-48 ORIGINAL
Page 25 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
these boards during the transition period.
Proposed law provides for the transfer of licenses from the LBEP and LPCBE to the
Louisiana Behavioral Sciences Regulatory Board.
Proposed law provides for the disposition of any legal proceeding to which the LBEP and
LPCBE is a party and which is filed, initiated, or pending before any court, and all
documents involved in or affected by such legal proceeding.
Proposed law provides for the contractual and other obligations of the LBEP and LPCBE.
Proposed law provides for the transfer of property possessed, controlled, or used by the
LBEP and LPCBE to the Louisiana Behavioral Sciences Regulatory Board.
Proposed law provides that all duly promulgated rules and regulations of the LBEP and
LPCBE shall remain in effect and transferred under the jurisdiction of the Louisiana
Behavioral Sciences Regulatory Board.
Sections 1 through 9, 11 and 13 become effective January 1, 2012. Sections 10, 12, 14 and
15 become effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 12:1143, R.S. 13:3715.1(J) and 3715.3(G)(1)(a), R.S. 15:560.2(B)(1), R.S.
17:2048.51(O)(1)(c), R.S. 23:1371.1(6), R.S. 36:259(E)(10), R.S. 37:1103(3), 1104, 1105,
1360.52(4), 1360.55(B)(1), 1360.57(1), 1744(A)(1), 1745(A)(1), 1745.13(8), 2351, 2352(2),
2353, 2354(A), R.S. 40:2114(B), and R.S. 44:4(29); adds R.S. 40:2721-2726; repeals R.S.
36:259(EE))