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Regular Session, 2014 ENROLLED
SENATE BILL NO. 157
BY SENATOR MARTINY
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
(6) "Provisional licensed psychologist" means a person provisionally18
licensed under this Chapter.19
(6) (7) "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
ACT No. 137 SB NO. 157 ENROLLED
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of individuals services defined as the practice of psychology in this Chapter. 1
(7) (8) "School" or "college" means any regional accredited university or2
other institution of higher learning offering a full-time doctoral course of study in3
psychology that is approved by the board.4
* * *5
§2354. Fees6
A. All monies received by the board under this Chapter shall be paid into the7
treasury of the State Board of Examiners of Psychologists and may be expended by8
the board without appropriation for costs of administration and other expenses, and9
any surplus at the end of a fiscal year or a biennium may be retained by the board for10
future expenditures and the board is not required to pay any such surplus into the11
general fund of the state of Louisiana.12
B.(1) The board shall charge an application fee to all applicants for licensure.13
The board may also charge a written examination fee and an oral examination fee.14
A hearing fee may also be charged at the discretion of the board. The board shall15
establish a reasonable fee schedule in conformity with the provisions of the16
Administrative Procedure Act, R.S. 49:950 et seq.17
(2) The board shall charge to any person who applies for a provisional18
license an application fee in an amount not to exceed two hundred dollars. The19
board shall adopt rules in accordance with the Administrative Procedure Act20
to implement the provisions of this Paragraph.21
C.(1) Every licensed psychologist in this state shall annually pay to the board22
during the month of July of each year, beginning in the year immediately subsequent23
to his initial license, a renewal fee to be determined annually by the board. The24
license of any psychologist who shall fail to have his license renewed during the25
month of July in each and every year shall lapse; the failure to renew said license,26
however, shall not deprive said psychologist of the right of renewal thereafter. Such27
lapsed license may be renewed, within a period of two years after such lapse, upon28
payment of a reinstatement fee equal to the current application fee and the current29
renewal fee.30 SB NO. 157 ENROLLED
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(2)(a) Every provisional licensed psychologist shall annually pay to the1
board during the month of July of each year, beginning in the year immediately2
subsequent to his initial provisional license, a renewal fee in an amount not to3
exceed one hundred dollars. The provisional license of any psychologist who4
shall fail to have his provisional license renewed during the month of July shall5
lapse. Except as provided in R.S. 37:2356.2(C), a provisional license shall not6
be reinstated.7
(b) The board shall adopt rules in accordance with the Administrative8
Procedure Act to implement the provisions of this Paragraph.9
D. The board shall annually send a renewal notice to all licensed10
psychologists and provisional licensed psychologists licensed by the board. 11
* * *12
§2356.2. Provisional licensed psychologist; renewal; continuing education13
A. The board shall issue a provisional license to each person who files14
an application with the board upon a form and in such a manner as the board15
prescribes, submits the fee for a provisional license, and furnishes evidence to16
the board that the person meets all the following requirements:17
(1) Is at least twenty-one years of age.18
(2) Is of good moral character.19
(3) Is a citizen of the United States or has declared his intention to20
become a citizen. A statement by the person under oath that he is a citizen or21
that he intends to apply for citizenship when he becomes eligible to make such22
application shall be sufficient proof of compliance with this requirement.23
(4) Is not in violation of any of the provisions of this Chapter and the24
rules and regulations adopted by the board.25
(5) Holds a doctoral degree with a major in psychology from a school or26
college as defined in this Chapter.27
(6) Has completed a minimum of one year experience practicing28
psychology under the supervision of a licensed psychologist or has completed29
an approved predoctoral internship as defined in the rules and regulations of30 SB NO. 157 ENROLLED
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the board.1
(7) Demonstrates professional knowledge of laws and rules regarding2
the practice of psychology in Louisiana.3
B. If the board reasonably believes that a person applying for a4
provisional license or for renewal of a provisional license is not physically or5
mentally competent to render psychological services with reasonable skill and6
safety to his patients, or is afflicted with a disease or condition, either physical7
or mental, which would impair his competency to render psychological services,8
the board may request the person to submit to a physical examination by a9
medical doctor approved by the board or submit to a mental health examination10
by a psychologist or psychiatrist approved by the board. If the person refuses11
to submit to the examination, the board, after a contradictory hearing and upon12
finding reasonable cause, may issue an order requiring the person to submit to13
the examination. A person who is ordered to submit to an examination shall not14
be eligible for a provisional licensure or renewal of a provisional license prior15
to such examination. Proceedings under this Subsection shall be conducted in16
compliance with the Administrative Procedure Act.17
C.(1) A provisional licensed psychologist shall be eligible for renewal of18
licensure without regard to any subsequent changes in the requirements for19
licensure upon payments of the fees established under R.S. 37:2354 and20
compliance with the requirements established pursuant to this Subsection. A21
provisional license may be renewed a maximum of three times.22
(2) The board shall establish continuing education requirements to be23
fulfilled prior to the renewal of a provisional license. Failure to fulfill these24
requirements shall cause the license to lapse. A provisional license shall not be25
reinstated if a lapse occurs unless such requirements are satisfied within six26
months from the date of lapse.27
D. A provisional licensed psychologist shall maintain a relationship with28
a licensed psychologist or a medical psychologist licensed in accordance with29
R.S. 37:1360.51 et seq. for the purposes of clinical supervision. The supervising30 SB NO. 157 ENROLLED
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psychologist or medical psychologist shall have legal functioning authority over1
the professional activities of the provisional licensed psychologist.2
E. The board may adopt rules and regulations in accordance with the3
Administrative Procedure Act to administer and implement the provisions of4
this Section.5
* * *6
§2359. Denial, revocation, or suspension of license; provisional license7
* * *8
B. The board shall have the power and duty to suspend, place on probation,9
require remediation for a specified time, revoke any license to practice psychology10
or any provisional license to practice psychology issued by the board, or take any11
other action specified in the rules and regulations whenever the board, by affirmative12
vote of at least four of its five members, shall find by a preponderance of the13
evidence that a psychologist or a provisional licensed psychologist has engaged in14
any of the following acts or offenses:15
* * *16
(15) Failure to comply with mandatory reporter laws.17
C. Proceedings for disciplinary action or for the denial or withholding of a18
license or provisional license under the authority of this Section shall be conducted19
in compliance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq.20
The board may require a person against whom disciplinary action has been taken by21
the board after hearing to pay reasonable costs of the proceedings incurred by the22
board for hearing and any judicial review, including attorney, stenographer, and23
witness fees. These costs shall be paid no later than thirty days after the adjudication24
by the board becomes final. No license or provisional license shall be issued,25
reinstated, or renewed until such costs have been paid.26
D. The board may deny or withhold for a specified time not to exceed two27
years the granting of a license or provisional license to any applicant or candidate28
who has committed any of the acts or offenses set forth in Subsection B of this29
Section.30 SB NO. 157 ENROLLED
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E. Suspension by the board of the license of a psychologist or a provisional1
license of a psychologist shall be for a period not exceeding two years.2
F. A person who has been refused a license or provisional license, or whose3
license has been revoked, under the provisions of this Section, may reapply for4
licensure after more than two years have elapsed from the date such denial or5
revocation is legally effective.6
G. The board shall notify all licensed psychologists of any disciplinary action7
taken against a licensed psychologist or a provisional licensed psychologist.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: