Martiny (SB 157) Act No. 137
Prior law authorized the State Board of Examiners of Psychologists (board) to license and
regulate psychologists in the state.
New law defines the term "provisional licensed psychologist" to mean a person provisionally
licensed.
New 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.
New law requires that the board 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 U.S. citizen 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.
New 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. New 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 new law shall be conducted in compliance with the
APA.
New law requires that a provisional licensed psychologist is eligible for renewal of licensure
without regard to any subsequent changes in the requirements for licensure upon payments
of the fees established by new law and compliance with the requirements established by new
law.
New law provides for the renewal of a provisional license by payment of a renewal fee not
to exceed $100 and limits provisional license renewals to a maximum of three times.
New law requires the board to establish continuing education requirements that must be
fulfilled prior to the renewal of a provisional license. New 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.
New law requires that a provisional licensed psychologist maintain a relationship with a
licensed psychologist or a medical psychologist licensed under state law for the purposes of
clinical supervision. Requires that the supervising psychologist or medical psychologist have legal functioning authority over the professional activities of the provisional licensed
psychologist.
New law authorizes the board to adopt rules and regulations in accordance with the APA to
administer and implement the provisions of new law.
Prior law provided 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.
New law retains prior 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 prior law for failure to comply with
mandatory reporter laws.
Prior law provided that proceedings for disciplinary action or for the denial or withholding
of a license shall be conducted in compliance with the APA. New law retains prior 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
APA.
Prior law provided 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. Prior law provided 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.
New law retains prior law and provides that a provisional license shall not be issued,
reinstated, or renewed until such costs have been paid.
Prior law provided 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 prior law.
New law retains prior 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 prior law.
Prior law provided that license suspension shall be for a period not to exceed two years.
New law retains prior law and provides that the suspension of a provisional license shall be
for a period not to exceed two years.
Prior law provided that the board shall notify all licensed psychologists of any disciplinary
action taken against a licensed psychologist.
New law retains prior 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))