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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 that13
is 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
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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, when medication may be2
indicated, unless that individual is under the active care of except when a licensed3
professional counselor, in accordance with industry best practices, consults and4
collaborates with a practitioner who is licensed by the Louisiana State Board of5
Medical Examiners or an advanced practice registered nurse licensed by the6
Louisiana State Board of Nursing who is certified as a psychiatric nurse7
practitioner and is authorized to prescribe medications in the management of8
psychiatric illness, and only in the context of an ongoing consultation and9
collaboration with that practitioner. Moreover, except as provided in this Section,10
nothing in this Chapter shall be construed to authorize any person licensed hereunder11
to administer or interpret tests in accordance with the provisions of R.S. 37:2352(5),12
except as provided by Title 46, Part LXIII, Chapter 17, Section 1702(E) of the13
Louisiana Administrative Code, or engage in the practice of psychology or to14
prescribe, either orally or in writing, distribute, dispense, or administer any15
medications.16
* * *17
(12) "Serious mental illness" means any of the following diagnoses:18
* * *19
(e) Major depressive disorder-moderate to severe.20
* * *21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 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.
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Alan Miller.
DIGEST
Mills (SB 216)
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
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
medication may be indicated only when the 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 an advanced practice registered nurse licensed by the La. State
Board of Nursing who is certified as a psychiatric nurse practitioner.
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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical change recommended by the Legislative Bureau.
2. Authorizes a licensed mental health counselor to treat an individual with
serious mental illness, when medication may be indicated, when the
counselor collaborates with an advanced practice registered nurse licensed
by the La. State Board of Nursing who is certified as a psychiatric nurse
practitioner.