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Regular Session, 2014 ENROLLED
SENATE BILL NO. 128
BY SENATOR MARTINY
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
* * *18
(4) "Licensed specialist in school psychology" means any person licensed19
as a specialist in school psychology who applies his knowledge of both20
psychology and education during consultation and collaboration with others21
and engages in specific services for students, such as direct and indirect22
interventions that focus on academic skills, learning, socialization, and mental23
health.24
(5) "Persons" includes an individual, firm, partnership, association, or25
corporation.26
ACT No. 136 SB NO. 128 ENROLLED
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(6) "Practice of licensed specialist in school psychology" is defined as the1
application of psychological principles, methods, and procedures to help2
children and youth succeed academically, socially, behaviorally, and3
emotionally. Licensed specialists in school psychology collaborate with4
educators, parents, and other professionals to create safe, healthy, and5
supportive learning environments that strengthen the connection between home,6
school, and the community for all students. They apply their knowledge of both7
psychology and education during consultation and collaboration with others8
and conduct effective decision making using a foundation of assessment and9
data collection. Licensed specialists in school psychology provide services to10
schools and families that enhance the competence and well-being of children,11
including promotion of effective and safe learning environments, prevention of12
academic and behavior problems, response to crises, and improvement of the13
collaboration between schools and families. The key foundations for all services14
provided by licensed specialists in school psychology are understanding of15
diversity in development and learning, research and program evaluation, and16
legal, ethical, and professional practices. The types of evaluations performed17
by a licensed specialist in school psychology will be those that are germane to18
the current state educational bulletins, including but not limited to Louisiana19
Bulletins 1508 and 1706. Nothing in this Chapter shall be construed to permit20
a licensed specialist in school psychology to diagnose mental disorders as21
defined by the Diagnostic and Statistical Manual of Mental Disorders or22
diseases as defined by the International Classification of Diseases.23
(5)(7) "Practice of psychology" is defined as the observation, description,24
evaluation, interpretation, and modification of human behavior, by the application25
of psychological principles, methods, and procedures, for the purpose of eliminating26
symptomatic, maladaptive, or undesired behavior, and of improving interpersonal27
relationships, work and life adjustment, personal effectiveness, behavioral health,28
and mental health. The practice of psychology includes but is not limited to29
psychological testing and evaluation or assessment of personal characteristics such30 SB NO. 128 ENROLLED
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as intelligence, personality, abilities, interests, aptitudes, and neuropsychological1
functioning; counseling, psychoanalysis, psychotherapy, hypnosis, stress2
management, biofeedback, behavior analys is and therapy; diagnosis and treatment3
of mental and emotional disorder or disability, alcoholism and substance abuse, and4
of the psychological aspects of physical illness, accident, injury, or disability; psycho5
educational evaluation, therapy, remediation, and consultation. Psychological6
services may be rendered to individuals, families, groups, institutions, organizations,7
and the public. The practice of psychology shall be construed within the meaning of8
this definition without regard to whether payment is received for services rendered.9
(6)(8) "Psychologist" means any person licensed as a psychologist under this10
Chapter. A person represents himself to be a psychologist by using any title or11
description of services incorporating the words "psychology", "psychological", or12
"psychologist", or by using any other terms which imply that he is qualified to13
practice psychology or that he possesses expert qualification in any area of14
psychology or if that person offers to the public or renders to individuals or to groups15
of individuals services defined as the practice of psychology in this Chapter.16
(7)(9) "School" or "college" means any regional accredited university or17
other institution of higher learning offering a full-time doctoral course of study in18
psychology that is approved by the board.19
(10) "School system" means any institution or facility which provides20
for education of children in grades one or above, which may include21
kindergarten or prekindergarten attached thereto.22
* * *23
§2354. Fees24
* * *25
B.(1) The board shall charge an application fee to all applicants for licensure.26
The board may also charge a written examination fee and an oral examination fee.27
A hearing fee may also be charged at the discretion of the board. The board shall28
establish a reasonable fee schedule in conformity with the provisions of the29
Administrative Procedure Act, R.S. 49:950 et seq.30 SB NO. 128 ENROLLED
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(2) The board shall charge an application fee to any person applying for1
licensure as a specialist in school psychology that shall not exceed two hundred2
dollars. The board shall adopt rules in accordance with the Administrative3
Procedure Act to implement the provisions of this Paragraph.4
C.(1) Every licensed psychologist in this state shall annually pay to the board5
during the month of July of each year, beginning in the year immediately subsequent6
to his initial license, a renewal fee to be determined annually by the board. The7
license of any psychologist who shall fail to have his license renewed during the8
month of July in each and every year shall lapse; the failure to renew said the9
license, however, shall not deprive said psychologist of the right of renewal10
thereafter. Such lapsed license may be renewed, within a period of two years after11
such lapse, upon payment of a reinstatement fee equal to the current application fee12
and the current renewal fee.13
(2)(a) Every licensed specialist in school psychology in this state shall14
annually pay to the board during the month of July of each year, beginning in15
the year immediately subsequent to his initial license, a renewal fee that shall16
not exceed one hundred dollars.17
(b) Failure to renew the license as provided in Subparagraph (a) of this18
Paragraph shall cause the license to lapse. For a period of two years from the19
date of lapse of the license, such license may be renewed upon payment of a20
reinstatement fee that shall not exceed three hundred dollars.21
(c) The board shall adopt rules in accordance with the Administrative22
Procedure Act to implement the provisions of this Paragraph.23
D. The board shall annually send a renewal notice to all psychologists and24
specialists in school psychology licensed by the board.25
* * *26
§2355. Records27
* * *28
B. The board shall publish or cause to be published annually a list of29
psychologists or licensed specialists in school psychology licensed under this30 SB NO. 128 ENROLLED
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Chapter.1
* * *2
§2356.2. Specialist in school psychology; licensure; scope of practice3
A.(1) The board shall issue a license as a specialist in school psychology4
to any person who files an application upon a form and in such a manner as the5
board prescribes, accompanied by the fee required by this Chapter, and who6
furnishes evidence to the board that, except as otherwise required by law, the7
person meets all of the following criteria:8
(a) Is at least twenty-one years of age.9
(b) Is of good moral character.10
(c) Is a citizen of the United States or has declared his intention to11
become a citizen. A statement by the person under oath that he is a citizen or12
that he intends to apply for citizenship when he becomes eligible to make such13
application shall be sufficient proof of compliance with the requirement of this14
Paragraph.15
(d) Is not in violation of any of the provisions of this Chapter and the16
rules and regulations adopted by the board.17
(e) Has completed a school specialist degree from a National Association18
of School Psychologists approved program or equivalent.19
(f) Has completed a one-thousand-two-hundred-hour, nine-month20
internship under the supervision of a certified school psychologist in a school21
setting or by a licensed psychologist in a community setting. Of the one22
thousand two hundred hours, six hundred hours shall be completed in a school23
setting.24
(g) Has completed three years of supervised experience as a certified25
school psychologist within the public school system.26
(h) Has passed the Nationally Certified School Psychologist examination.27
(i) Has demonstrated professional knowledge of laws and rules28
regarding the practice of psychology in Louisiana.29
(2) If the board reasonably believes that a person applying for a license30 SB NO. 128 ENROLLED
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or for a renewal of a license is not physically and mentally competent to render1
psychological services with reasonable skill and safety to his patients, or is2
afflicted with a disease or condition, either physical or mental, that would3
impair his competency to render psychological services, the board may request4
that the person submit to a physical examination by a medical doctor approved5
by the board or a mental health examination by a psychologist or psychiatrist6
approved by the board. If the person refuses to submit to the examination, the7
board, after contradictory hearing and upon finding reasonable cause, may8
issue an order requiring the person to submit to the physical or mental health9
examination. A person who is ordered to submit to a physical or mental health10
examination shall not be eligible for licensure or renewal of license prior to such11
examination. Proceedings under this Paragraph shall be conducted in12
compliance with the Administrative Procedure Act.13
B.(1)(a) A licensed specialist in school psychology, who is engaged in14
such practice, may practice independently as a contractor of a public, private,15
or charter school.16
(b) A licensed specialist in school psychology who is engaged in such17
practice and working outside of the school system shall be required to do so18
under the clinical supervision of a licensed psychologist or a medical19
psychologist licensed in accordance with R.S. 37:1360.51 et seq. The licensed20
psychologist or medical psychologist shall be administratively, clinically, and21
legally responsible for all professional activities of the licensed specialist in22
school psychology, and the licensed psychologist or medical psychologist shall23
be required to sign any final reports prepared by the licensed specialist in24
school psychology.25
(2)(a) Nothing in this Section shall be construed to limit in any way the26
duties and responsibilities of a school psychologist certified by the state27
Department of Education.28
(b) Nothing in this Section shall prohibit a licensed psychologist from29
providing services within a school provided such services are within the30 SB NO. 128 ENROLLED
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psychologist's area of competence.1
§2357. Renewal of license2
A.(1) Persons licensed as psychologists under the provisions of this Chapter3
shall be eligible for renewal of licensure without regard to any subsequent changes4
in the requirements for licensure upon payment of the fees established under R.S.5
37:2354 and compliance with the requirement established pursuant to Subsection B6
Paragraph (2) of this Subsection.7
B.(2) The board shall establish continuing education requirements to be8
fulfilled prior to the renewal of a license. Failure to fulfill these requirements shall9
cause the license to lapse. For a period of two years from the date of lapse of the10
license, the license may be renewed upon proof of fulfilling all continuing education11
requirements applicable through the date of reinstatement and upon payment of all12
fees due under R.S. 37:2354.13
B.(1) Persons licensed as a specialist in school psychology under the14
provisions of this Chapter shall be eligible for renewal of licensure without15
regard to any subsequent changes in the requirements for licensure upon16
payment of fees required by this Chapter and compliance with the provisions17
of this Subsection.18
(2)(a) The board shall establish continuing education requirements to19
be fulfilled by the licensed specialist in school psychology prior to license20
renewal.21
(b) Failure to fulfill the continuing education requirements shall cause22
the license to lapse. For a period of two years from the date of lapse of the23
license, the license may be renewed upon proof of fulfilling all continuing24
education requirements applicable through the date of reinstatement and upon25
payment of all fees required by this Chapter.26
(c) The board may adopt rules in accordance with the Administrative27
Procedure Act to implement the provisions of this Chapter.28
* * *29
§2359. Denial, revocation, or suspension of license; psychologist; specialist in30 SB NO. 128 ENROLLED
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school psychology1
* * *2
B. The board shall have the power and duty to suspend, place on probation,3
require remediation for a specified time, revoke any license to practice psychology4
or license to practice as a specialist in school psychology, or take any other action5
specified in the rules and regulations whenever the board, by affirmative vote of at6
least four of its five members, shall find by a preponderance of the evidence that a7
psychologist or specialist in school psychology has engaged in any of the following8
acts or offenses:9
* * *10
(15) Failure to comply with mandatory reporter laws.11
* * *12
E. Suspension by the board of the license of a psychologist or a specialist13
in school psychology shall be for a period not exceeding two years.14
* * *15
G. The board shall notify all licensed psychologists and licensed specialists16
in school psychology of any disciplinary action taken against a licensed psychologist17
and a licensed specialist in school psychology.18
* * *19
§2363. Privileged communications20
A. In judicial proceedings, whether civil, criminal, or juvenile, legislative21
and administrative proceedings, and proceedings preliminary and ancillary thereto,22
a patient or client, or his legal representative, may refuse to disclose or prevent the23
disclosure of confidential information, including information contained in24
administrative records, communicated to a psychologist or a licensed specialist in25
school psychology licensed under this Chapter, or persons reasonably believed by26
the patient or client to be so licensed, or to their employees or other persons under27
their supervision, for the purpose of diagnosis, evaluation, or treatment of any mental28
or emotional condition or disorder.29
B. In the absence of evidence to the contrary, the psychologist or licensed30 SB NO. 128 ENROLLED
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specialist in school psychology is presumed to be authorized to claim the privilege1
on behalf of the patient or client.2
C. This privilege may not be claimed by or on behalf of the patient or client3
in the following circumstances:4
* * *5
(3) Where such information is necessary for the defense of the psychologist6
or licensed specialist in school psychology in a malpractice action brought by the7
patient or client.8
(4) Where an immediate threat of physical violence against a clearly9
identified victim or victims is disclosed to the psychologist or licensed specialist in10
school psychology.11
(5) In the context of civil commitment proceedings, where an immediate12
threat of self-inflicted damage is disclosed to the psychologist or licensed specialist13
in school psychology.14
* * *15
D. Notwithstanding the provisions of this Section, testimonial privileges,16
exceptions, and waiver with respect to communications between psychologist or17
licensed specialist in school psychology and patient are governed by the Louisiana18
Code of Evidence.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: