ENROLLED
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ACT No. 460
Regular Session, 2012
HOUSE BILL NO. 1113
BY REPRESENTATIVE JOHNSON
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
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(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 ENROLLEDHB NO. 1113
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to continue to hold a license or certificate to practice counseling and therapy may be1
released to the public.2
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§9. Records of violations of municipal ordinances and of state statutes classified as4
a misdemeanor or felony5
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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 of 28 ENROLLEDHB NO. 1113
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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
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: