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 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:
(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 a minimum of one year experience practicing psychology under the supervision of a
psychologist or substantially equivalent as defined in the rules and regulations of the
board and required as part of the doctoral degree in psychology as defined by 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 person provisionally licensed as a 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 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 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.
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 provisionally licensed psychologist.
Effective August 1, 2014.
(Amends R.S. 37:2354(A), (B), (C), and (D), 2359(B)(intro para), and 2359(C), (D), (E), (F), and
(G); adds R.S. 37:2356.2 and 2359(B)(15))