HLS 12RS-1289 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 830
BY REPRESENTATIVE SIMON
MENTAL HEALTH: Revises definitions within the Mental Health Counselors Licensing
Act
AN ACT1
To amend and reenact R.S. 37:1103(7) and (12)(e), relative to mental health counselors; to2
provide with respect to certain definitions for the Mental Health Counselors3
Licensing Act; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 37:1103(7) and (12)(e) are hereby amended and reenacted to read6
as follows: 7
ยง1103. Definitions8
* * *9
(7) "Mental health counseling services" means rendering or offering10
prevention, assessment, diagnosis, and treatment, which includes psychotherapy, of11
mental, emotional, behavioral, and addiction disorders to individuals, groups,12
organizations, or the general public by a licensed professional counselor, which is13
consistent with his professional training as prescribed by R.S. 37:1107(A)(8), and14
code of ethics/behavior involving the application of principles, methods, or15
procedures of the mental health counseling profession. However, nothing in this16
Chapter shall be construed to authorize any person licensed pursuant to this Chapter17
to assess, diagnose, or provide treatment to any individual suffering from a serious18
mental illness, as defined by this Section, unless that individual is under the active19
care of except when a licensed professional counselor, in accordance with industry20 HLS 12RS-1289 ORIGINAL
HB NO. 830
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best practices, consults and collaborates with a practitioner who is licensed by the1
Louisiana State Board of Medical Examiners or a comparable state licensing2
authority and is authorized to prescribe medications in the management of3
psychiatric illness, and only in the context of an ongoing consultation and4
collaboration with that practitioner. Moreover, except as provided in this Section,5
nothing in this Chapter shall be construed to authorize any person licensed hereunder6
to administer or interpret tests in accordance with the provisions of R.S. 37:2352(5),7
except as provided by Title 46, Part LXIII, Chapter 17, Section 1702(E) of the8
Louisiana Administrative Code, or engage in the practice of psychology or to9
prescribe, either orally or in writing, distribute, dispense, or administer any10
medications.11
* * *12
(12) "Serious mental illness" means any of the following diagnoses:13
* * *14
(e) Major depressive disorder-moderate to severe.15
* * *16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Simon HB No. 830
Abstract: Amends definitions within the Mental Health Counselors Licensing Act.
Present law (R.S. 37:1103(7)) in pertinent part, the definition of "mental health counseling
services" provides that nothing in the Mental Health Counselors Licensing Act shall be
construed to authorize any person licensed under it to assess, diagnose, or provide treatment
to any individual suffering from a serious mental illness, as defined by present law, unless
that individual is under the active care of a practitioner who is licensed by the La. State HLS 12RS-1289 ORIGINAL
HB NO. 830
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
Proposed law allows a person licensed under the provisions of present law to assess,
diagnose, or provide treatment to any individual suffering from a serious mental illness when
a licensed professional counselor, in accordance with industry best practices, consults and
collaborates with a practitioner who is licensed by the La. State Board of Medical Examiners
or a comparable state licensing authority and is authorized to prescribe medications in the
management of psychiatric illness.
Present law (R.S. 37:1103(12)(e)) defines "serious mental illness" to include a diagnosis of
major depressive disorder.
Proposed law modifies present law by specifying that "serious mental illness" includes a
diagnosis of major depressive disorder-moderate to severe.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1103(7) and (12)(e))