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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, 2012
SENATE BILL NO. 216
BY SENATOR MILLS
MENTAL HEALTH. Amends definitions within the Mental Health Counselors Licensing
Act. (gov sig)
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 reeancted 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 under the provisions of17 SB NO. 216
SLS 12RS-544 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
this Chapter to assess, diagnose, or provide treatment to any individual suffering1
from a serious mental illness, as defined by this Section, unless that individual is2
under the active care of except when a licensed professional counselor, in3
accordance with industry best practices, consults and collaborates with a4
practitioner who is licensed by the Louisiana State Board of Medical Examiners or5
a comparable state licensing authority and is authorized to prescribe medications6
in the management of psychiatric illness, and only in the context of an ongoing7
consultation and collaboration with that practitioner. Moreover, except as provided8
in this Section, nothing in this Chapter shall be construed to authorize any person9
licensed hereunder to administer or interpret tests in accordance with the provisions10
of R.S. 37:2352(5), except as provided by Title 46, Part LXIII, Chapter 17, Section11
1702(E) of the Louisiana Administrative Code, or engage in the practice of12
psychology or to prescribe, either orally or in writing, distribute, dispense, or13
administer any medications.14
* * *15
(12) "Serious mental illness" means any of the following diagnoses:16
* * *17
(e) Major depressive disorder-moderate to severe.18
* * *19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law provides 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 Louisiana SB NO. 216
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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.
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 Louisiana 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 defines "serious mental illness" to include a diagnosis of major depressive
disorder.
Proposed law amends present law to provide that "serious mental illness" includes a
diagnosis of major depressive order-moderate to severe.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1103(7) and (12)(e))