SLS 11RS-1490 ORIGINAL Page 1 of 5 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. 268 (Substitute of Senate Bill No. 226 by Senator Mount) BY SENATOR MOUNT COUNSELING/GUIDANCE. Provides for the Licensed Professional Counselors Board of Examiners. (gov sig) AN ACT1 To amend and reenact R.S. 37:1103(7), the introductory paragraph of 1103(10), and R.S.2 37:1107(A)(8)(a), and to enact R.S. 37:1103(12), relative to boards and3 commissions; to provide for the definition of mental health counseling services; to4 provide for the definition of the practice of mental health counseling; to provide for5 the definition of serious mental illness; to provide for the requirements of a licensed6 professional counselor; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 37:1103(7) and the introductory paragraph of 1103(10) are hereby9 amended and reenacted to read as follows: 10 §1103. Definitions11 * * *12 (7) "Mental health counseling services" means those acts and behaviors13 coming within the practice of mental health counseling as defined in this Chapter,14 including the diagnosis and treatment, which includes psychotherapy, of conditions15 or disorders requiring mental health counseling as defined in Subparagraph (10)(c)16 of this Section rendering or offering prevention, assessment, diagnosis, and17 SB NO. 268 SLS 11RS-1490 ORIGINAL Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. treatment, which includes psychotherapy, of mental, emotional, behavioral, and1 addiction disorders to individuals, groups, organizations, or the general public2 by a licensed professional counselor, which is consistent with his professional3 training as prescribed by R.S. 37:1107(A)(8), and code of ethics/behavior4 involving the application of principles, methods, or procedures of the mental5 health counseling profession. However, nothing in this Chapter shall be6 construed to authorize any person licensed under the provisions of this Chapter7 to assess, diagnose, or provide treatment to any individual suffering from a8 serious mental illness, as defined by this Section, unless that individual is under9 the active care of a practitioner who is licensed by the Louisiana State Board of10 Medical Examiners and is authorized to prescribe medications in the11 management of psychiatric illness, and only in the context of an ongoing12 consultation and collaboration with that practitioner. Moreover, except as13 provided in this Section, nothing in this Chapter shall be construed to authorize any14 person licensed hereunder to administer or interpret tests in accordance with the15 provisions of R.S. 37:2352(5), except as provided by Title 46, Part LXIII, Chapter16 17, Section 1702(E) of the Louisiana Administrative Code, or engage in the practice17 of psychology or to prescribe, either orally or in writing, distribute, dispense, or18 administer any medications.19 * * *20 (10) "Practice of mental health counseling" means rendering or offering21 prevention, assessment, diagnosis, and treatment, which includes22 psychotherapy, of mental, emotional, behavioral, and addiction disorders to23 individuals, groups, organizations, or the general public by a licensed professional24 counselor, any service which is consistent with his professional training as25 prescribed by R.S. 37:1107(A)(8), and code of ethics/behavior involving the26 application of principles, methods, or procedures of the mental health counseling27 profession which include includes but are is not limited to:28 * * *29 SB NO. 268 SLS 11RS-1490 ORIGINAL Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (12) "Serious mental illness" means any of the following diagnoses:1 (a) Schizophrenia or schizoaffective disorder.2 (b) Bipolar disorder.3 (c) Panic disorder.4 (d) Obsessive-compulsive disorder.5 (e) Major depressive disorder.6 (f) Anorexia/bulimia.7 (g) Intermittent explosive disorder.8 (h) Autism.9 (i) Psychosis NOS (not otherwise specified) when diagnosed in a child10 under seventeen years of age.11 (j) Rett's disorder.12 (k) Tourette's disorder.13 (l) Dementia.14 * * *15 §1107. Requirements for licensed professional counselor; renewal of license16 A. The board shall issue a license to each applicant who files an application17 upon a form and in such manner as the board prescribes, accompanied by such fee18 as required by R.S. 37:1106, and who furnishes satisfactory evidence to the board19 that he:20 * * *21 (8)(a) Has received a graduate degree the substance of which is professional22 mental health counseling in content from a regionally accredited institution of higher23 education offering a masters and/or doctoral program in counseling that is approved24 by the board and has accumulated at least forty-eight graduate semester hours as part25 of the graduate degree plan containing the eight required areas, the supervised mental26 health practicum and supervised internship in mental health counseling, as defined27 by rules adopted by the board prior to September 1, 2015, and at least sixty28 graduate hours after September 1, 2015. All applicants shall complete a course29 SB NO. 268 SLS 11RS-1490 ORIGINAL Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. in each of the eight required areas specified in Subparagraph (8)(b) of this1 Section and shall complete a supervised internship in mental health counseling2 as defined in the rules and regulations adopted by the board pursuant to the3 Administrative Procedure Act. Applicants may apply post-masters counseling4 courses towards licensure if their degree program consisted of less than sixty5 hours.6 * * *7 Section 2. This Act shall become effective upon signature by the governor or, if not8 signed by the governor, upon expiration of the time for bills to become law without signature9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10 vetoed by the governor and subsequently approved by the legislature, this Act shall become11 effective on the day following such approval.12 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Greg Waddell. DIGEST Present law defines mental health counseling services as those acts and behaviors coming within the practice of mental health counseling as defined in this Chapter, including the diagnosis and treatment, which includes psychotherapy, of conditions or disorders requiring mental health counseling as defined in present law. Proposed law defines mental health counseling services as rendering or offering prevention, assessment, diagnosis, and treatment, which includes psychotherapy, of mental, emotional, behavioral, and addiction disorders to individuals, groups, organizations, or the general public by a licensed professional counselor, which is consistent with his professional training, and code of ethics/behavior involving the application of principles, methods, or procedures of the mental health counseling profession. Proposed law further limits the definition of mental health counseling services by providing that nothing in proposed law shall be construed to authorize any person licensed under the provisions of proposed law to assess, diagnose, or provide treatment to any individual suffering from a serious mental illness, as defined by proposed law, unless that individual is under the active care of a practitioner who is licensed by the Louisiana State Board of Medical Examiners and is authorized to prescribe medications in the management of psychiatric illness, and only in the context of an ongoing consultation and collaboration with that practitioner. Present law defines practice of mental health counseling as rendering or offering to individuals, groups, organizations, or the general public by a licensed professional counselor, any service consistent with his professional training as prescribed by present law, and code of ethics/behavior involving the application of principles, methods, or procedures of the mental health counseling profession. Proposed law defines the practice of mental health counseling as rendering or offering SB NO. 268 SLS 11RS-1490 ORIGINAL Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. prevention, assessment, diagnosis, and treatment, which includes psychotherapy, of mental, emotional, behavioral, and addiction disorders to individuals, groups, organizations, or the general public by a licensed professional counselor, any service which is consistent with his professional training as prescribed by present law, and code of ethics/behavior involving the application of principles, methods, or procedures of the mental health counseling profession. Proposed law defines serious mental illness as any of the following diagnoses: (1) Schizophrenia or schizoaffective disorder. (2)Bipolar disorder. (3) Panic disorder. (4)Obsessive-compulsive disorder. (5)Major depressive disorder. (6)Anorexia/bulimia. (7)Intermittent explosive disorder. (8)Autism. (9)Psychosis NOS (not otherwise specified) when diagnosed in a child under seventeen years of age. (10)Rett's disorder. (11)Tourette's disorder. (12)Dementia. Present law provides that as a requirement of licensure an applicant has received a graduate degree the substance of which is professional mental health counseling in content from a regionally accredited institution of higher education offering a masters and/or doctoral program in counseling that is approved by the board and has accumulated at least forty-eight graduate semester hours as part of the graduate degree plan containing the eight required areas, the supervised mental health practicum and supervised internship in mental health counseling, as defined by rules adopted by the board. Proposed law increases the number of graduate semester hours from 48 to 60 after September 1, 2015, and further requires that all applicants complete a course in each of the eight required areas specified in present law and shall complete a supervised internship in mental health counseling as defined in the rules and regulations adopted by the board pursuant to the APA. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 37:1103(7), 1103(10)(intro para), 1107(A)(8)(a); adds R.S. 37:1103(12))