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Regular Session, 2014
SENATE BILL NO. 128
BY SENATOR MARTINY
PSYCHOLOGISTS. Provides for the licensure of specialist in school psychology by the
State Board of Examiners of Psychologists. (8/1/14) (2/3-CA7s2.1)
AN ACT1
To amend and reenact R.S. 37:2352(4), (5), (6) and (7), 2354(B), (C) and (D), 2355(B),2
2357, the introductory paragraph of 2359(B), 2359(E) and (G), 2363(A), (B), (C)(3),3
(4), and (5), and (D) and to enact R.S. 37:2352(8), (9), and (10), 2356.2, and4
2359(B)(15), relative to the State Board of Examiners of Psychologists; to provide5
relative to powers and duties of the board; to provide for definitions; to provide for6
the licensure of specialists in school psychology; to provide for the practice of a7
licensed specialist in school psychology; to provide for licensure and licensure8
renewal fees; to provide for scope of practice of specialists in school psychology; to9
provide for procedures, terms, and conditions; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:2352(4), (5), (6) and (7), 2354(B), (C) and (D), 2355(B), 2357,12
the introductory paragraph of 2359(B), 2359(E) and (G), 2363(A), (B), (C)(3), (4), and (5),13
and (D) are hereby amended and reenacted and R.S. 37:2352(8), (9), and (10), 2356.2, and14
2359(B)(15) are hereby enacted to read as follows:15
§2352. Definition of terms16
As used in this Chapter the following terms mean:17 SB NO. 128
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* * *1
(4) "Licensed specialist in school psychology" means any person licensed2
as a specialist in school psychology who applies his knowledge of both3
psychology and education during consultation and collaboration with others4
and engages in specific services for students, such as direct and indirect5
interventions that focus on academic skills, learning, socialization, and mental6
health.7
(5) "Persons" includes an individual, firm, partnership, association, or8
corporation.9
(6) "Practice of licensed specialist in school psychology" is defined as the10
application of psychological principles, methods, and procedures to help11
children and youth succeed academically, socially, behaviorally, and12
emotionally. Licensed specialists in school psychology collaborate with13
educators, parents, and other professionals to create safe, healthy, and14
supportive learning environments that strengthen the connection between home,15
school, and the community for all students. They apply their knowledge of both16
psychology and education during consultation and collaboration with others17
and conduct effective decision making using a foundation of assessment and18
data collection. Licensed specialists in school psychology provide services to19
schools and families that enhance the competence and well-being of children,20
including promotion of effective and safe learning environments, prevention of21
academic and behavior problems, response to crises, and improvement of the22
collaboration between schools and families. The key foundations for all services23
provided by licensed specialists in school psychology are understanding of24
diversity in development and learning, research and program evaluation, and25
legal, ethical, and professional practices. The types of evaluations performed26
by a licensed specialist in school psychology will be those that are germane to27
the current state educational bulletins, including but not limited to Louisiana28
Bulletins 1508 and 1706. Nothing in this Chapter shall be construed to permit29 SB NO. 128
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a licensed specialist in school psychology to diagnose mental disorders as1
defined by the Diagnostic and Statistical Manual of Mental Disorders or2
International Classification of Disease diagnosis.3
(5) (7) "Practice of psychology" is defined as the observation, description,4
evaluation, interpretation, and modification of human behavior, by the application5
of psychological principles, methods, and procedures, for the purpose of eliminating6
symptomatic, maladaptive, or undesired behavior, and of improving interpersonal7
relationships, work and life adjustment, personal effectiveness, behavioral health,8
and mental health. The practice of psychology includes but is not limited to9
psychological testing and evaluation or assessment of personal characteristics such10
as intelligence, personality, abilities, interests, aptitudes, and neuropsychological11
functioning; counseling, psychoanalysis, psychotherapy, hypnosis, stress12
management, biofeedback, behavior analysis and therapy; diagnosis and treatment13
of mental and emotional disorder or disability, alcoholism and substance abuse, and14
of the psychological aspects of physical illness, accident, injury, or disability; psycho15
educational evaluation, therapy, remediation, and consultation. Psychological16
services may be rendered to individuals, families, groups, institutions, organizations,17
and the public. The practice of psychology shall be construed within the meaning of18
this definition without regard to whether payment is received for services rendered.19
(6) (8) "Psychologist" means any person licensed as a psychologist under20
this Chapter. A person represents himself to be a psychologist by using any title or21
description of services incorporating the words "psychology", "psychological", or22
"psychologist", or by using any other terms which imply that he is qualified to23
practice psychology or that he possesses expert qualification in any area of24
psychology or if that person offers to the public or renders to individuals or to groups25
of individuals services defined as the practice of psychology in this Chapter.26
(7) (9) "School" or "college" means any regional accredited university or27
other institution of higher learning offering a full-time doctoral course of study in28
psychology that is approved by the board.29 SB NO. 128
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(10) "School system" means any institution or facility which provides1
for education of children in grades one or above, which may include2
kindergarten or prekindergarten attached thereto.3
* * *4
§2354. Fees5
* * *6
B.(1) The board shall charge an application fee to all applicants for licensure.7
The board may also charge a written examination fee and an oral examination fee.8
A hearing fee may also be charged at the discretion of the board. The board shall9
establish a reasonable fee schedule in conformity with the provisions of the10
Administrative Procedure Act, R.S. 49:950 et seq.11
(2) The board shall charge an application fee to any person applying for12
licensure as a specialist in school psychology that shall not exceed two hundred13
dollars. The board shall adopt rules in accordance with the Administrative14
Procedure Act to implement the provisions of this Paragraph.15
C.(1) Every licensed psychologist in this state shall annually pay to the board16
during the month of July of each year, beginning in the year immediately subsequent17
to his initial license, a renewal fee to be determined annually by the board. The18
license of any psychologist who shall fail to have his license renewed during the19
month of July in each and every year shall lapse; the failure to renew said the20
license, however, shall not deprive said psychologist of the right of renewal21
thereafter. Such lapsed license may be renewed, within a period of two years after22
such lapse, upon payment of a reinstatement fee equal to the current application fee23
and the current renewal fee.24
(2)(a) Every licensed specialist in school psychology in this state shall25
annually pay to the board during the month of July of each year, beginning in26
the year immediately subsequent to his initial license, a renewal fee that shall27
not exceed one hundred dollars.28
(b) Failure to renew the license as provided in Subparagraph (a) of this29 SB NO. 128
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Paragraph shall cause the license to lapse. For a period of two years from the1
date of lapse of the license, such license may be renewed upon payment of a2
reinstatement fee that shall not exceed three hundred dollars.3
(c) The board shall adopt rules in accordance with the Administrative4
Procedure Act to implement the provisions of this Paragraph.5
D. The board shall annually send a renewal notice to all psychologists and6
specialists in school psychology licensed by the board.7
* * *8
§2355. Records9
* * *10
B. The board shall publish or cause to be published annually a list of11
psychologists or licensed specialists in school psychology licensed under this12
Chapter.13
* * *14
§2356.2. Specialist in school psychology; licensure; scope of practice15
A.(1) The board shall issue a license as a specialist in school psychology16
to any person who files an application upon a form and in such a manner as the17
board prescribes, accompanied by the fee required by this Chapter, and who18
furnishes evidence to the board that, except as otherwise required by law, the19
person:20
(a) Is at least twenty-one years of age.21
(b) Is of good moral character.22
(c) Is a citizen of the United States or has declared his intention to23
become a citizen. A statement by the person under oath that he is a citizen or24
that he intends to apply for citizenship when he becomes eligible to make such25
application shall be sufficient proof of compliance with the requirement of this26
Paragraph.27
(d) Is not in violation of any of the provisions of this Chapter and the28
rules and regulations adopted by the board.29 SB NO. 128
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(e) Has completed a school specialist degree from a National Association1
of School Psychologists approved program or equivalent.2
(f) Has completed a one thousand two hundred hour, nine month3
internship under the supervision of a certified school psychologist in a school4
setting or by a licensed psychologist in a community setting. Of the one5
thousand two hundred hours, six hundred hours shall be completed in a school6
setting.7
(g) Has completed three years of supervised experience as a certified8
school psychologist within the public school system.9
(h) Has passed the Nationally Certified School Psychologist examination.10
(i) Has demonstrated professional knowledge of laws and rules11
regarding the practice of psychology in Louisiana.12
(2) If the board reasonably believes that a person applying for a license13
or for a renewal of a license is not physically and mentally competent to render14
psychological services with reasonable skill and safety to his patients, or is15
afflicted with a disease or condition, either physical or mental, that would16
impair his competency to render psychological services, the board may request17
that the person submit to a physical examination by a medical doctor approved18
by the board or a mental health examination by a psychologist or psychiatrist19
approved by the board. If the person refuses to submit to the examination, the20
board, after contradictory hearing and upon finding reasonable cause, may21
issue an order requiring the person to submit to the physical or mental health22
examination. A person who is ordered to submit to a physical or mental health23
examination shall not be eligible for licensure or renewal of license prior to such24
examination. Proceedings under this Paragraph shall be conducted in25
compliance with the Administrative Procedure Act.26
B.(1)(a) A licensed specialist in school psychology, who is engaged in27
such practice, may practice independently as a contractor of a public, private,28
or charter school.29 SB NO. 128
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(b) A licensed specialist in school psychology who is engaged in such1
practice and working outside of the school system shall be required to do so2
under the clinical supervision of a licensed psychologist. The licensed3
psychologist shall be administratively, clinically, and legally responsible for all4
professional activities of the licensed specialist in school psychology, and the5
licensed psychologist shall be required to sign any final reports prepared by the6
licensed specialist in school psychology.7
(2)(a) Nothing in this Section shall be construed to limit in any way the8
duties and responsibilities of a school psychologist certified by the state9
Department of Education.10
(b) Nothing in this Section shall prohibit a licensed psychologist from11
providing services within a school provided such services are within the12
psychologist's area of competence.13
§2357. Renewal of license14
A.(1) Persons licensed as psychologists under the provisions of this Chapter15
shall be eligible for renewal of licensure without regard to any subsequent changes16
in the requirements for licensure upon payment of the fees established under R.S.17
37:2354 and compliance with the requirement established pursuant to Subsection B18
Paragraph (2) of this Subsection.19
B. (2) The board shall establish continuing education requirements to be20
fulfilled prior to the renewal of a license. Failure to fulfill these requirements shall21
cause the license to lapse. For a period of two years from the date of lapse of the22
license, the license may be renewed upon proof of fulfilling all continuing education23
requirements applicable through the date of reinstatement and upon payment of all24
fees due under R.S. 37:2354.25
B.(1) Persons licensed as a specialist in school psychology under the26
provisions of this Chapter shall be eligible for renewal of licensure without27
regard to any subsequent changes in the requirements for licensure upon28
payment of fees required by this Chapter and compliance with the provisions29 SB NO. 128
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of this Subsection.1
(2)(a) The board shall establish continuing education requirements to2
be fulfilled by the licensed specialist in school psychology prior to license3
renewal.4
(b) Failure to fulfill the continuing education requirements shall cause5
the license to lapse. For a period of two years from the date of lapse of the6
license, the license may be renewed upon proof of fulfilling all continuing7
education requirements applicable through the date of reinstatement and upon8
payment of all fees required by this Chapter.9
(c) The board may adopt rules in accordance with the Administrative10
Procedure Act to implement the provisions of this Chapter.11
* * *12
§2359. Denial, revocation, or suspension of license; psychologist; specialist in13
school psychology14
* * *15
B. The board shall have the power and duty to suspend, place on probation,16
require remediation for a specified time, revoke any license to practice psychology17
or license to practice as a specialist in school psychology, or take any other action18
specified in the rules and regulations whenever the board, by affirmative vote of at19
least four of its five members, shall find by a preponderance of the evidence that a20
psychologist or specialist in school psychology has engaged in any of the following21
acts or offenses:22
* * *23
(15) Failure to comply with mandatory reporter laws.24
* * *25
E. Suspension by the board of the license of a psychologist or a specialist in26
school psychology shall be for a period not exceeding two years.27
* * *28
G. The board shall notify all licensed psychologists and licensed specialists29 SB NO. 128
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in school psychology of any disciplinary action taken against a licensed psychologist1
and a licensed specialist in school psychology.2
* * *3
§2363. Privileged communications4
A. In judicial proceedings, whether civil, criminal, or juvenile, legislative and5
administrative proceedings, and proceedings preliminary and ancillary thereto, a6
patient or client, or his legal representative, may refuse to disclose or prevent the7
disclosure of confidential information, including information contained in8
administrative records, communicated to a psychologist or a licensed specialist in9
school psychology licensed under this Chapter, or persons reasonably believed by10
the patient or client to be so licensed, or to their employees or other persons under11
their supervision, for the purpose of diagnosis, evaluation, or treatment of any mental12
or emotional condition or disorder.13
B. In the absence of evidence to the contrary, the psychologist or licensed14
specialist in school psychology is presumed to be authorized to claim the privilege15
on behalf of the patient or client.16
C. This privilege may not be claimed by or on behalf of the patient or client17
in the following circumstances:18
* * *19
(3) Where such information is necessary for the defense of the psychologist20
or licensed specialist in school psychology in a malpractice action brought by the21
patient or client.22
(4) Where an immediate threat of physical violence against a clearly23
identified victim or victims is disclosed to the psychologist or licensed specialist in24
school psychology.25
(5) In the context of civil commitment proceedings, where an immediate26
threat of self-inflicted damage is disclosed to the psychologist or licensed specialist27
in school psychology.28
* * *29 SB NO. 128
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D. Notwithstanding the provisions of this Section, testimonial privileges,1
exceptions, and waiver with respect to communications between psychologist or2
licensed specialist in school psychology and patient are governed by the Louisiana3
Code of Evidence.4
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Mary Dozier O'Brien.
DIGEST
Martiny (SB 128)
Present law provides for powers and duties of the State Board of Examiners of Psychologists
(board).
Present law provides for definitions.
Proposed law retains present law and adds the following definitions:
(1)"Licensed specialist in school psychology" means any person licensed as a specialist
in school psychology who applies their knowledge of both psychology and education
during consultation and collaboration with others and engages in specific services
for students, such as direct and indirect interventions that focus on academic skills,
learning, socialization, and mental health.
(2)"Practice of licensed specialist in school psychology" is defined as the application
of psychological principles, methods, and procedures to help children and youth
succeed academically, socially, behaviorally, and emotionally. Licensed specialists
in school psychology collaborate with educators, parents, and other professionals to
create safe, healthy, and supportive learning environments that strengthen the
connection between home, school, and the community for all students. They apply
their knowledge of both psychology and education during consultation and
collaboration with others and conduct effective decision making using a foundation
of assessment and data collection. Licensed specialists in school psychology provide
services to schools and families that enhance the competence and well-being of
children, including promotion of effective and safe learning environments,
prevention of academic and behavior problems, response to crises, and improvement
of the collaboration between schools and families. The key foundations for all
services provided by licensed specialists in school psychology are understanding of
diversity in development and learning, research and program evaluation, and legal,
ethical, and professional practices. The types of evaluations performed by licensed
specialists in school psychology will be those that are germane to the current state
educational bulletins. Nothing in present law and proposed law shall be construed
to permit a licensed specialist in school psychology to diagnose mental disorders as
defined by the Diagnostic and Statical Manual of Mental Disorders or International
Classification of Disease diagnosis.
(3) "School system" means any institution or facility which provides for education of
children in grades one or above, which may include kindergarten or prekindergarten
attached thereto.
Present law authorizes the board to charge an application fee to all applicants for licensure
and a renewal fee to renew such license. SB NO. 128
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words in boldface type and underscored are additions.
Proposed law provides that the board shall charge an application fee to any person applying
for licensure as a specialist in school psychology in an amount not to exceed $200 and
authorizes the board to adopt rules in accordance with the Administrative Procedure Act
(APA) to implement proposed law.
Proposed law provides that every licensed specialist in school psychology in this state shall
annually pay to the board during the month of July of each year, beginning in the year
immediately subsequent to his initial license, a renewal fee in an amount not to exceed $100.
Proposed law provides that the failure to renew the license shall cause the license to lapse.
For a period of two years from the date of lapse of the license, the license may be renewed
upon payment of a reinstatement fee that shall not exceed $300.
Proposed law authorizes the board to adopt rules in accordance with the APA to implement
the provisions of proposed law.
Present law provides that each year the board shall send a renewal notice to all psychologists
licensed by the board.
Proposed law retains present law and provides that each year the board shall send a renewal
notice to all specialists in school psychology licensed by the board.
Present law requires the board to publish or cause to be published annually a list of
psychologists licensed by the board.
Proposed law retains present law and requires the board to publish or cause to be published
annually a list of specialists in school psychology licensed by the board.
Proposed law provides that the board shall issue a license as a specialist in school
psychology to any person who files an application upon a form and in such a manner as the
board prescribes, accompanied by an application fee, and who furnishes evidence to the
board that, except as otherwise required by law, the person:
(1)Is at least 21 years of age.
(2)Is of good moral character.
(3)Is a citizen of the United States or has declared his intention to become a citizen.
(4)Is not in violation of certain provisions of law and the rules and regulations adopted
by the board.
(5)Has completed a school specialist degree from a National Association of School
Psychologists approved program or equivalent.
(6)Has completed a 1,200 hour, nine month internship under the supervision of a
certified school psychologist in a school setting or by a licensed psychologist in a
community setting. Of the 1,200 hours, 600 hours shall be completed in a school
setting.
(7)Has completed three years of supervised experience as a certified school
psychologist within the public school system.
(8)Has passed the Nationally Certified School Psychologist examination.
(9)Has demonstrated professional knowledge of laws and rules regarding the practice
of psychology in La. SB NO. 128
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words in boldface type and underscored are additions.
Proposed law provides that if the board reasonably believes that a person applying for a
license or for a renewal of a license is not physically and mentally competent to render
psychological services with reasonable skill and safety to his patients, or is afflicted with a
disease or condition, either physical or mental, that would impair his competency to render
psychological services, the board may request that the person submit to a physical
examination by a medical doctor approved by the board or mental health examination by a
psychologist or psychiatrist approved by the board. If the person refuses to submit to the
examination, the board, after contradictory hearing and upon finding reasonable cause, may
issue an order requiring the person to submit to the physical or mental health examination.
A person who is ordered to submit to such examination shall not be eligible for licensure or
renewal of license prior to such examination. The proceedings provided in proposed law
shall be conducted in compliance with the APA.
Proposed law provides that a licensed specialist in school psychology, who is engaged in
such practice, may practice independently as a contractor of a public, private, or charter
school.
Proposed law provides that a licensed specialist in school psychology who is engaged in
such practice and working outside of the school system shall be required to do so under the
clinical supervision of a licensed psychologist. The licensed psychologist shall be
administratively, clinically, and legally responsible for all professional activities of the
licensed specialist in school psychology, and the licensed psychologist shall be required to
sign any final reports prepared by the licensed specialist in school psychology.
Proposed law provides that nothing in proposed law shall be construed to limit in any way
the duties and responsibilities of a school psychologist certified by the state Dept. of
Education.
Proposed law provides that nothing in proposed law shall prohibit a licensed psychologist
from providing services within a school provided such services are within the psychologist's
area of competence.
Present law provides for the renewal of a psychologist's license.
Proposed law retains present law and provides that persons licensed as a specialist in school
psychology shall be eligible for renewal of licensure without regard to any subsequent
changes in the requirements for licensure upon payment of fees required by law and
compliance of certain provisions of present law.
Proposed law requires the board to establish continuing education requirements to be
fulfilled by the licensed specialist in school psychology prior to license renewal.
Proposed law provides that failure to fulfill the continuing education requirements shall
cause the license to lapse and provides that for a period of two years from the date of lapse
of the license, the license may be renewed upon proof of fulfilling all continuing education
requirements applicable through the date of reinstatement and upon payment of all required
fees.
Proposed law authorizes the board to adopt rules in accordance with the APA to implement
the provisions of proposed law.
Proposed law provides for the denial, revocation, or suspension of a specialist in school
psychology's license.
Present law provides for acts that may be considered grounds for denial, revocation, or
suspension of a license as follows:
(1)Fraud or deception in applying for or procuring a license to practice psychology. SB NO. 128
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(2)Practicing psychology in such a manner as to endanger the welfare of clients or
patients.
(3)Conviction of a felony.
(4)Conviction of any crime or offense which reflects the inability of the practitioner to
practice psychology with due regard for the health and safety of clients or patients.
(5)Use of repeated untruthful, deceptive, or improbable statements concerning the
licensee's qualifications or the effects or results of proposed treatment, including
functioning outside of one's professional competence established by education,
training, and experience.
(6)Aiding or abetting the practice of psychology by any person not licensed by the
board and in violation of certain laws.
(7)Conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any
third party payor.
(8)Exercising undue influence in such a manner as to exploit the client or patient for
financial or other personal advantage to the practitioner or a third party.
(9)The suspension or revocation by another state of a license to practice psychology.
(10)Refusal to appear before the board after having been ordered to do so in writing by
a duly authorized agent of the board.
(11)Making any fraudulent or untrue statement to the board.
(12)Violation of the code of ethics adopted in the rules and regulations of the board or
other immoral, unprofessional, or dishonorable conduct as defined in the rules and
regulations of the board.
(13)Inability to practice psychology with reasonable skill and safety to patients or clients
by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or
any other substance, or as a result of any mental or physical condition.
(14)Violation of certain provisions of law or of the rules and regulations promulgated by
the board thereunder.
Proposed law retains present law and adds to the list the failure to comply with mandatory
reporter laws.
Proposed law provides that suspension of license of a specialist in school psychology shall
be for a period not exceeding two years.
Proposed law provides that the board shall notify all licensed psychologists and licensed
specialist in school psychology of any disciplinary action taken against a licensed specialist
in school psychology.
Present law provides for privileged communications between a psychologist and a patient.
Proposed law retains present law and provides for privileged communication between a
licensed specialist in school psychology and a patient.
Effective August 1, 2014.
(Amends R.S. 37:2352(4), (5), (6) and (7), 2354(B), (C) and (D), 2355(B), 2357, SB NO. 128
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2359(B)(intro para), (E) and (G), 2363(A), (B), (C)(3), (4), and (5), and (D); adds R.S.
37:2352(8), (9), and (10), 2356.2, and 2359(B)(15))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Prohibits a licensed specialist in school psychology to diagnose mental
disorders as defined by the Diagnostic and Statistical Manual of Mental
Disorders or International Classification of Disease diagnosis.
2. Provides that a licensed psychologist shall be administratively, clinically, and
legally responsible for all professional activities of the licensed specialist in
school psychology.
3. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Technical amendments from the Legislative Bureau.