Louisiana 2011 2011 Regular Session

Louisiana Senate Bill SB268 Enrolled / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011	ENROLLED
SENATE BILL NO. 268        (Substitute of Senate Bill No. 226 by Senator Mount)
BY SENATOR MOUNT 
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
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(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
of this Section rendering or offering prevention, assessment, diagnosis, and18
treatment, which includes psychotherapy, of mental, emotional, behavioral, and19
addiction disorders to individuals, groups, organizations, or the general public20
by a licensed professional counselor, which is consistent with his professional21
training as prescribed by R.S. 37:1107(A)(8), and code of ethics/behavior22
involving the application of principles, methods, or procedures of the mental23
health counseling profession. However, nothing in this Chapter shall be24
construed to authorize any person licensed under the provisions of this Chapter25
to assess, diagnose, or provide treatment to any individual suffering from a26 SB NO. 268	ENROLLED
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words in boldface type and underscored are additions.
serious mental illness, as defined by this Section, unless that individual is under1
the active care of a practitioner who is licensed by the Louisiana State Board of2
Medical Examiners and is authorized to prescribe medications in the3
management of psychiatric illness, and only in the context of an ongoing4
consultation and collaboration with that practitioner.  Moreover, except as5
provided in this Section, nothing in this Chapter shall be construed to authorize any6
person licensed hereunder to administer or interpret tests in accordance with the7
provisions of R.S. 37:2352(5), except as provided by Title 46, Part LXIII, Chapter8
17, Section 1702(E) of the Louisiana Administrative Code, or engage in the practice9
of psychology or to prescribe, either orally or in writing, distribute, dispense, or10
administer any medications.11
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(10) "Practice of mental health counseling" means rendering or offering13
prevention, assessment, diagnosis, and treatment, which includes14
psychotherapy, of mental, emotional, behavioral, and addiction disorders to15
individuals, groups, organizations, or the general public by a licensed professional16
counselor, any service which is consistent with his professional training as17
prescribed by R.S. 37:1107(A)(8), and code of ethics/behavior involving the18
application of principles, methods, or procedures of the mental health counseling19
profession which include includes but are is not limited to:20
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(12) "Serious mental illness" means any of the following diagnoses:22
(a) Schizophrenia or schizoaffective disorder.23
(b) Bipolar disorder.24
(c) Panic disorder.25
(d) Obsessive-compulsive disorder.26
(e) Major depressive disorder.27
(f) Anorexia/bulimia.28
(g) Intermittent explosive disorder.29
(h) Autism.30 SB NO. 268	ENROLLED
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words in boldface type and underscored are additions.
(i) Psychosis NOS (not otherwise specified) when diagnosed in a child1
under seventeen years of age.2
(j) Rett's disorder.3
(k) Tourette's disorder.4
(l) Dementia.5
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§1107.  Requirements for licensed professional counselor; renewal of license7
A. The board shall issue a license to each applicant who files an application8
upon a form and in such manner as the board prescribes, accompanied by such fee9
as required by R.S. 37:1106, and who furnishes satisfactory evidence to the board10
that he:11
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(8)(a) Has received a graduate degree the substance of which is professional13
mental health counseling in content from a regionally accredited institution of higher14
education offering a masters and/or doctoral graduate program in counseling that15
is approved by the board and has accumulated at least forty-eight graduate semester16
hours as part of the graduate degree plan containing the eight required areas, the17
supervised mental health practicum and supervised internship in mental health18
counseling, as defined by rules adopted by the board prior to September 1, 2015,19
and at least sixty graduate hours after September 1, 2015. All applicants shall20
complete a course in each of the eight required areas specified in Subparagraph21
(b) of this Paragraph and shall complete a supervised internship in mental22
health counseling as defined in the rules and regulations adopted by the board23
pursuant to the Administrative Procedure Act. Applicants may apply post-24
masters counseling courses towards licensure if their degree program consisted25
of less than sixty hours.26
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Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 268	ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: