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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), the introductory paragraph of 1103(10), and R.S.9
37:1107(A)(8)(a) are hereby amended and reenacted and R.S. 37:1103(12) is hereby enacted10
to read as follows:11
§1103. Definitions12
* * *13
(7) "Mental health counseling services" means those acts and behaviors14
coming within the practice of mental health counseling as defined in this Chapter,15
including the diagnosis and treatment, which includes psychotherapy, of conditions16
or disorders requiring mental health counseling as defined in Subparagraph (10)(c)17 SB NO. 268
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of this Section rendering or offering prevention, assessment, diagnosis, and1
treatment, which includes psychotherapy, of mental, emotional, behavioral, and2
addiction disorders to individuals, groups, organizations, or the general public3
by a licensed professional counselor, which is consistent with his professional4
training as prescribed by R.S. 37:1107(A)(8), and code of ethics/behavior5
involving the application of principles, methods, or procedures of the mental6
health counseling profession. However, nothing in this Chapter shall be7
construed to authorize any person licensed under the provisions of this Chapter8
to assess, diagnose, or provide treatment to any individual suffering from a9
serious mental illness, as defined by this Section, unless that individual is under10
the active care of a practitioner who is licensed by the Louisiana State Board of11
Medical Examiners and is authorized to prescribe medications in the12
management of psychiatric illness, and only in the context of an ongoing13
consultation and collaboration with that practitioner. Moreover, except as14
provided in this Section, nothing in this Chapter shall be construed to authorize any15
person licensed hereunder to administer or interpret tests in accordance with the16
provisions of R.S. 37:2352(5), except as provided by Title 46, Part LXIII, Chapter17
17, Section 1702(E) of the Louisiana Administrative Code, or engage in the practice18
of psychology or to prescribe, either orally or in writing, distribute, dispense, or19
administer any medications.20
* * *21
(10) "Practice of mental health counseling" means rendering or offering22
prevention, assessment, diagnosis, and treatment, which includes23
psychotherapy, of mental, emotional, behavioral, and addiction disorders to24
individuals, groups, organizations, or the general public by a licensed professional25
counselor, any service which is consistent with his professional training as26
prescribed by R.S. 37:1107(A)(8), and code of ethics/behavior involving the27
application of principles, methods, or procedures of the mental health counseling28
profession which include includes but are is not limited to:29 SB NO. 268
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* * *1
(12) "Serious mental illness" means any of the following diagnoses:2
(a) Schizophrenia or schizoaffective disorder.3
(b) Bipolar disorder.4
(c) Panic disorder.5
(d) Obsessive-compulsive disorder.6
(e) Major depressive disorder.7
(f) Anorexia/bulimia.8
(g) Intermittent explosive disorder.9
(h) Autism.10
(i) Psychosis NOS (not otherwise specified) when diagnosed in a child11
under seventeen years of age.12
(j) Rett's disorder.13
(k) Tourette's disorder.14
(l) Dementia.15
* * *16
§1107. Requirements for licensed professional counselor; renewal of license17
A. The board shall issue a license to each applicant who files an application18
upon a form and in such manner as the board prescribes, accompanied by such fee19
as required by R.S. 37:1106, and who furnishes satisfactory evidence to the board20
that he:21
* * *22
(8)(a) Has received a graduate degree the substance of which is professional23
mental health counseling in content from a regionally accredited institution of higher24
education offering a masters and/or doctoral graduate program in counseling that25
is approved by the board and has accumulated at least forty-eight graduate semester26
hours as part of the graduate degree plan containing the eight required areas, the27
supervised mental health practicum and supervised internship in mental health28
counseling, as defined by rules adopted by the board prior to September 1, 2015,29 SB NO. 268
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and at least sixty graduate hours after September 1, 2015. All applicants shall1
complete a course in each of the eight required areas specified in Subparagraph2
(b) of this Paragraph and shall complete a supervised internship in mental3
health counseling as defined in the rules and regulations adopted by the board4
pursuant to the Administrative Procedure Act. Applicants may apply post-5
masters counseling courses towards licensure if their degree program consisted6
of less than sixty hours.7
* * *8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument was prepared by Greg Waddell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
Mount (SB 268)
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 SB NO. 268
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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
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 graduate 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), and 1107(A)(8)(a); adds R.S. 37:1103(12)) SB NO. 268
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Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Makes technical corrections.