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Regular Session, 2012
HOUSE BILL NO. 1113
BY REPRESENTATIVE JOHNSON
PUBLIC RECORDS: Exempts the La. Licensed Professional Counselors Board of
Examiners from certain provisions of Public Records Law
AN ACT1
To amend and reenact R.S. 44:9(F) and (G) and to enact R.S. 44:4(45), relative to public2
records; to provide relative to the exemption of certain records in the possession of3
the Louisiana Licensed Professional Counselors Board of Examiners; to provide for4
the continued confidentiality of such records; to provide relative to the disclosure of5
certain confidential information to the Louisiana Licensed Professional Counselors6
Board of Examiners; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 44:9(F) and (G) are hereby amended and reenacted and R.S. 44:4(45)9
is hereby enacted to read as follows: 10
§4. Applicability11
This Chapter shall not apply:12
* * *13
(45) To any records, writings, accounts, recordings, letters, exhibits, pictures,14
drawings, charts, photographs, or copies thereof, and any report or examinations or15
evaluations or any other information or data concerning the fitness of any person to16
receive or continue to hold a license or certificate to practice counseling and therapy17
in the custody or control of the Louisiana Licensed Professional Counselors Board18
of Examiners; however, any final action taken by the board, and any legal grounds19
upon which such action is based, relative to the fitness of any person to receive or20 HLS 12RS-2305 ENGROSSED
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to continue to hold a license or certificate to practice counseling and therapy may be1
released to the public.2
* * *3
§9. Records of violations of municipal ordinances and of state statutes classified as4
a misdemeanor or felony5
* * *6
F. For investigative purposes only, the Department of Public Safety and7
Corrections may maintain a confidential, nonpublic record of the arrest and8
disposition. Upon specific request therefor and on a confidential basis, the9
information contained in this record may be released to the following entities who10
shall maintain the confidentiality of such record: any law enforcement agency,11
criminal justice agency, the Louisiana State Board of Medical Examiners, the12
Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the13
Louisiana State Board of Examiners of Psychologists, the Louisiana State Board of14
Social Work Examiners, the Emergency Medical Services Certification Commission,15
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the16
Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Licensed17
Professional Counselors Board of Examiners, or any person or entity requesting a18
record of all criminal arrests and convictions pursuant to R.S. 15:587.1.19
G. "Expungement" means removal of a record from public access but does20
not mean destruction of the record. An expunged record is confidential, but remains21
available for use by law enforcement agencies, criminal justice agencies, the22
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,23
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of24
Psychologists, the Louisiana State Board of Social Work Examiners, the Emergency25
Medical Services Certification Commission, the Louisiana Attorney Disciplinary26
Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on27
Bar Admissions, the Louisiana Licensed Professional Counselors Board of28 HLS 12RS-2305 ENGROSSED
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Examiners, or any person or entity requesting a record of all criminal arrests and1
convictions pursuant to R.S. 15:587.1.2
* * *3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Johnson HB No. 1113
Abstract: Provides an exception to the Public Records Law for documents in the
possession of the La. Licensed Professional Counselors Board of Examiners.
Present law (R.S. 44:1 et seq.) establishes the Public Records Law, which makes "All books,
records, writings, accounts, letters and letter books, maps, drawings, photographs, cards,
tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials, regardless
of physical form or characteristics, including information contained in electronic data
processing equipment, having been used, being in use, or prepared, possessed, or retained
for use in the conduct, transaction, or performance of any business, transaction, work, duty,
or function which was conducted, transacted, or performed by or under the authority of the
constitution or laws of this state, or by or under the authority of any ordinance, regulation,
mandate, or order of any public body or concerning the receipt or payment of any money
received or paid by or under the authority of the constitution or the laws of this state" public
records.
Proposed law retains present law.
Present law (R.S. 44:4) creates exceptions to the Public Records Law.
Proposed law adds to present law an exception to the Public Records Law for any records,
writings, accounts, recordings, letters, exhibits, pictures, drawings, charts, photographs, or
copies thereof, and any report or examinations or evaluations or any other information or
data in the possession of the La. Licensed Professional Counselors Board of Examiners
relative to the fitness of a licensed counselor or therapist to hold or maintain his license to
practice.
Proposed law further provides that such records relative to the fitness of any person to
receive or to continue to hold a license or certificate to practice counseling and therapy may
be released to the public once a final disposition has been made by the board regarding the
individual's fitness to hold such license or certificate.
Present law (R.S. 44:9) provides procedures for the expungement of misdemeanor and of
certain felony offenses from a person's record. Further provides that a nonpublic record of
the arrest and disposition of such offenses, though expunged, may be kept by the Dept. of
Public Safety and Corrections for investigative purposes. Further authorizes the department
to release the nonpublic information to specific entities, who are charged with maintaining
the confidentiality of such information.
Proposed law retains present law and adds the La. Licensed Professional Counselors Board
of Examiners to the list of entities eligible to receive confidential information pursuant to
present law from the Dept. of Public Safety and Corrections. HLS 12RS-2305 ENGROSSED
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Present law further defines "expungement". Provides that an expunged record is
confidential, but remains available for use by law enforcement agencies, criminal justice
agencies, and certain specified boards and offices. Proposed law retains present law and
adds to the list of specified boards the La. Licensed Professional Counselors Board of
Examiners.
(Amends R.S. 44:9(F) and (G); Adds R.S. 44:4(45))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Deletes memoranda of other records from the list of exceptions in proposed law
to the Public Records Law.