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Regular Session, 2014
SENATE BILL NO. 157
BY SENATOR MARTINY
PSYCHOLOGISTS. Provides for the provisional licensure of psychologists 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(6) and (7), 2354(A), (B), (C), and (D), the introductory2
paragraph of R.S. 37:2359(B), and 2359(C), (D), (E), (F), and (G) and to enact R.S.3
37:2352(8), 2356.2 and 2359(B)(15), relative to the State Board of Examiners of4
Psychologists; to provide for a provisional license for psychologists; to provide for5
fees; to provide for definitions; to provide for the renewal of a provisional license;6
to provide for qualifications; to provide for continuing education; to provide the7
denial, revocation, or suspension of a provisional license; to provide for conditions,8
terms, and procedures; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:2352(6) and (7), 2354(A), (B), (C), and (D), the introductory11
paragraph of R.S. 37:2359(B), and 2359(C), (D), (E), (F), and (G) are hereby amended and12
reenacted and R.S. 37:2352(8), 2356.2, and 2359(B)(15) are hereby enacted to read as13
follows:14
§2352. Definition of terms 15
As used in this Chapter the following terms mean: 16
* * *17 SB NO. 157
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(6) "Provisional licensed psychologist" means a person provisionally1
licensed under this Chapter.2
(6) (7) "Psychologist" means any person licensed as a psychologist under3
this Chapter. A person represents himself to be a psychologist by using any title or4
description of services incorporating the words "psychology", "psychological", or5
"psychologist", or by using any other terms which imply that he is qualified to6
practice psychology or that he possesses expert qualification in any area of7
psychology or if that person offers to the public or renders to individuals or to groups8
of individuals services defined as the practice of psychology in this Chapter. 9
(7) (8) "School" or "college" means any regional accredited university or10
other institution of higher learning offering a full-time doctoral course of study in11
psychology that is approved by the board.12
* * *13
§2354. Fees14
A. All monies received by the board under this Chapter shall be paid into the15
treasury of the State Board of Examiners of Psychologists and may be expended by16
the board without appropriation for costs of administration and other expenses, and17
any surplus at the end of a fiscal year or a biennium may be retained by the board for18
future expenditures and the board is not required to pay any such surplus into the19
general fund of the state of Louisiana.20
B.(1) The board shall charge an application fee to all applicants for licensure.21
The board may also charge a written examination fee and an oral examination fee.22
A hearing fee may also be charged at the discretion of the board. The board shall23
establish a reasonable fee schedule in conformity with the provisions of the24
Administrative Procedure Act, R.S. 49:950 et seq.25
(2) The board shall charge to any person who applies for a provisional26
license an application fee in an amount not to exceed two hundred dollars. The27
board shall adopt rules in accordance with the Administrative Procedure Act28
to implement the provisions of this Paragraph.29 SB NO. 157
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C.(1) Every licensed psychologist in this state shall annually pay to the board1
during the month of July of each year, beginning in the year immediately subsequent2
to his initial license, a renewal fee to be determined annually by the board. The3
license of any psychologist who shall fail to have his license renewed during the4
month of July in each and every year shall lapse; the failure to renew said license,5
however, shall not deprive said psychologist of the right of renewal thereafter. Such6
lapsed license may be renewed, within a period of two years after such lapse, upon7
payment of a reinstatement fee equal to the current application fee and the current8
renewal fee.9
(2)(a) Every provisional licensed psychologist shall annually pay to the10
board during the month of July of each year, beginning in the year immediately11
subsequent to his initial provisional license, a renewal fee in an amount not to12
exceed one hundred dollars. The provisional license of any psychologist who13
shall fail to have his provisional license renewed during the month of July shall14
lapse. Except as provided in R.S. 37:2356.2(C), a provisional license shall not15
be reinstated.16
(b) The board shall adopt rules in accordance with the Administrative17
Procedure Act to implement the provisions of this Paragraph.18
D. The board shall annually send a renewal notice to all licensed19
psychologists and provisional licensed psychologists licensed by the board. 20
* * *21
§2356.2. Provisional licensed psychologist; renewal; continuing education22
A. The board shall issue a provisional license to each person who files23
an application with the board upon a form and in such a manner as the board24
prescribes, submits the fee for a provisional license, and furnishes evidence to25
the board that the person meets all the following requirements:26
(1) Is at least twenty-one years of age.27
(2) Is of good moral character.28
(3) Is a citizen of the United States or has declared his intention to29 SB NO. 157
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become a citizen. A statement by the person under oath that he is a citizen or1
that he intends to apply for citizenship when he becomes eligible to make such2
application shall be sufficient proof of compliance with this requirement.3
(4) Is not in violation of any of the provisions of this Chapter and the4
rules and regulations adopted by the board.5
(5) Holds a doctoral degree with a major in psychology from a school or6
college as defined in this Chapter.7
(6) Has completed a minimum of one year experience practicing8
psychology under the supervision of a licensed psychologist or has completed9
an approved predoctoral internship as defined in the rules and regulations of10
the board.11
(7) Demonstrates professional knowledge of laws and rules regarding12
the practice of psychology in Louisiana.13
B. If the board reasonably believes that a person applying for a14
provisional license or for renewal of a provisional license is not physically or15
mentally competent to render psychological services with reasonable skill and16
safety to his patients, or is afflicted with a disease or condition, either physical17
or mental, which would impair his competency to render psychological services,18
the board may request the person to submit to a physical examination by a19
medical doctor approved by the board or submit to a mental health examination20
by a psychologist or psychiatrist approved by the board. If the person refuses21
to submit to the examination, the board, after a contradictory hearing and upon22
finding reasonable cause, may issue an order requiring the person to submit to23
the examination. A person who is ordered to submit to an examination shall not24
be eligible for a provisional licensure or renewal of a provisional license prior25
to such examination. Proceedings under this Subsection shall be conducted in26
compliance with the Administrative Procedure Act.27
C.(1) A provisional licensed psychologist shall be eligible for renewal of28
licensure without regard to any subsequent changes in the requirements for29 SB NO. 157
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licensure upon payments of the fees established under R.S. 37:2354 and1
compliance with the requirements established pursuant to this Subsection. A2
provisional license may be renewed a maximum of three times.3
(2) The board shall establish continuing education requirements to be4
fulfilled prior to the renewal of a provisional license. Failure to fulfill these5
requirements shall cause the license to lapse. A provisional license shall not be6
reinstated if a lapse occurs unless such requirements are satisfied within six7
months from the date of lapse.8
D. A provisional licensed psychologist shall maintain a relationship with9
a licensed psychologist for the purposes of clinical supervision. The supervising10
psychologist shall have legal functioning authority over the professional11
activities of the provisional licensed psychologist.12
E. The board may adopt rules and regulations in accordance with the13
Administrative Procedure Act to administer and implement the provisions of14
this Section.15
* * *16
§2359. Denial, revocation, or suspension of license; provisional license17
* * *18
B. The board shall have the power and duty to suspend, place on probation,19
require remediation for a specified time, revoke any license to practice psychology20
or any provisional license to practice psychology issued by the board, or take any21
other action specified in the rules and regulations whenever the board, by affirmative22
vote of at least four of its five members, shall find by a preponderance of the23
evidence that a psychologist or a provisional licensed psychologist has engaged in24
any of the following acts or offenses:25
* * *26
(15) Failure to comply with mandatory reporter laws.27
C. Proceedings for disciplinary action or for the denial or withholding of a28
license or provisional license under the authority of this Section shall be conducted29 SB NO. 157
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in compliance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq.1
The board may require a person against whom disciplinary action has been taken by2
the board after hearing to pay reasonable costs of the proceedings incurred by the3
board for hearing and any judicial review, including attorney, stenographer, and4
witness fees. These costs shall be paid no later than thirty days after the adjudication5
by the board becomes final. No license or provisional license shall be issued,6
reinstated, or renewed until such costs have been paid.7
D. The board may deny or withhold for a specified time not to exceed two8
years the granting of a license or provisional license to any applicant or candidate9
who has committed any of the acts or offenses set forth in Subsection B of this10
Section.11
E. Suspension by the board of the license of a psychologist or a provisional12
license of a psychologist shall be for a period not exceeding two years.13
F. A person who has been refused a license or provisional license, or whose14
license has been revoked, under the provisions of this Section, may reapply for15
licensure after more than two years have elapsed from the date such denial or16
revocation is legally effective.17
G. The board shall notify all licensed psychologists of any disciplinary action18
taken against a licensed psychologist or a provisional licensed psychologist.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny (SB 157)
Present law authorizes the State Board of Examiners of Psychologists (board) to license and
regulate psychologists in the state.
Proposed law defines the term "provisional licensed psychologist" to mean a person
provisionally licensed.
Proposed law authorizes the board to issue a provisional license to an applicant who meets
certain requirements and pays an application fee in an amount not to exceed $200.
Proposed law provides that the board shall issue a provisional license to each person who
files an application with the board upon a form and in such a manner as the board prescribes,
submits the fee for a provisional license, and furnishes evidence to the board that the person
meets all the following requirements: SB NO. 157
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(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 laws and the rules and regulations adopted by the board.
(5)Holds a doctoral degree with a major in psychology from a school or college.
(6)Has completed a minimum of one year experience practicing psychology under the
supervision of a licensed psychologist or has completed an approved predoctoral
internship as defined in the rules and regulations of the board.
(7)Demonstrates professional knowledge of laws and rules regarding the practice of
psychology in Louisiana.
Proposed law provides that if the board reasonably believes that a person applying for a
provisional license or for renewal of a provisional license is not physically or 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, which would impair his
competency to render psychological services, the board may request the person to submit
to a physical examination by a medical doctor approved by the board or submit to a mental
health examination by a psychologist or psychiatrist approved by the board. Proposed law
provides that if the person refuses to submit to the examination, the board, after a
contradictory hearing and upon finding reasonable cause, may issue an order requiring the
person to submit to the examination. A person who is ordered to submit to an examination
shall not be eligible for a provisional licensure or renewal of a provisional license prior to
such examination. The provisions of proposed law shall be conducted in compliance with
the Administrative Procedure Act.
Proposed law provides that a provisional licensed psychologist shall be eligible for renewal
of licensure without regard to any subsequent changes in the requirements for licensure upon
payments of the fees established by proposed law and compliance with the requirements
established by proposed law.
Proposed law provides for the renewal of a provisional license. A provisional license may
only be renewed three times and each licensee shall pay a renewal fee in an amount not to
exceed $100.
Proposed law limits the amount of times a provisional license may be renewed to a
maximum of three times.
Proposed law requires the board to establish continuing education requirements that must
be fulfilled prior to the renewal of a provisional license. Proposed law provides that failure
to fulfill these requirements shall cause the license to lapse and shall not be reinstated unless
the continuing education requirements are satisfied within six months from the date the
license lapsed.
Proposed law provides that a provisional licensed psychologist shall maintain a relationship
with a licensed psychologist for the purposes of clinical supervision. The supervising
psychologist shall have legal functioning authority over the professional activities of the
provisional licensed psychologist.
Proposed law authorizes the board to adopt rules and regulations in accordance with the
Administrative Procedure Act to administer and implement the provisions of proposed law.
Present law provides that the board may suspend, place on probation, require remediation SB NO. 157
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for a specific time, revoke any license to practice psychology, or take any action specified
in the rules and regulations whenever the board, by affirmative vote of at least four of its five
members, finds by a preponderance of the evidence that a psychologist has engaged in any
of the following acts:
(1)Fraud or deception in applying for or procuring a license to practice psychology.
(2)Practicing psychology in such a manner as to endanger the welfare of clients or
patients.
(3)Conviction of a felony. A copy of the record of conviction, certified by the clerk of
the court entering the conviction, shall be conclusive evidence.
(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 law.
(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. A
certified copy of the record of suspension or revocation of the state making such a
suspension or revocation shall be conclusive evidence thereof.
(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 authorizes the board to suspend, place on probation,
require remediation for a specified time, revoke any provisional license and adds that a
license or provisional license may be subject to the provisions of present law for failure to
comply with mandatory reporter laws.
Present law provides that proceedings for disciplinary action or for the denial or withholding
of a license shall be conducted in compliance with the Administrative Procedure Act. SB NO. 157
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law and provides that proceedings for disciplinary action or for
the denial or withholding of a provisional license shall be conducted in compliance with the
Administrative Procedure Act.
Present law provides that the board may require a person against whom disciplinary action
has been taken by the board after hearing to pay reasonable costs of the proceedings incurred
by the board for hearing and any judicial review, including attorney, stenographer, and
witness fees. Present law provides that such costs shall be paid no later than thirty days after
the adjudication by the board becomes final and that no license be issued, reinstated, or
renewed until such costs have been paid.
Proposed law retains present law and provides that a provisional license shall not be issued,
reinstated, or renewed until such costs have been paid.
Present law provides that the board may deny or withhold for a specified time not to exceed
two years the granting of a license to any applicant or candidate who has committed any of
the acts listed in present law.
Proposed law retains present law and provides that the board may deny or withhold for a
specified time not to exceed two years the granting of a provisional license to any applicant
or candidate who has committed any of the acts listed in present law.
Present law provides that license suspension shall be for a period not to exceed two years.
Proposed law retains present law and provides that the suspension of a provisional license
shall be for a period not to exceed two years.
Present law provides that the board shall notify all licensed psychologists of any disciplinary
action taken against a licensed psychologist.
Proposed law retains present law and requires the board to notify all licensed psychologists
of any disciplinary action taken against a provisional licensed psychologist.
Effective August 1, 2014.
(Amends R.S. 37:2352(6) and (7), 2354(A), (B), (C), and (D), 2359(B)(intro para), and
2359(C), (D), (E), (F), and (G); adds R.S. 37:2352(8), 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. Defines "provisional licensed psychologist".
2. Requires the State Board of Examiners of Psychologists to send renewal
notices to licensed psychologists and provisional licensed psychologists.
3. Requires a provisional licensed psychologist to maintain a relationship with
a licensed psychologist for the purposes of clinical supervision.
4. Makes technical changes.