SLS 17RS-20 ENGROSSED
2017 Regular Session
SENATE BILL NO. 38
BY SENATOR MORRELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COUNSELING/GUIDANCE. Provides with respect to mental health counselors. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 37:1103(7) and to repeal R.S. 37:1103(14) and 1116(F), relative
3 to mental health counselors; to provide for changes to the definition of mental health
4 counseling services; to provide for the repeal of the definition of serious mental
5 illness; to provide for the repeal of provisions regarding consultation; to provide for
6 an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1103(7) is hereby amended and reenacted to read as follows:
9 ยง1103. Definitions
10 * * *
11 (7) "Mental health counseling services" means rendering or offering
12 prevention, assessment, diagnosis, and treatment, which includes psychotherapy, of
13 mental, emotional, behavioral, and addiction disorders to individuals, groups,
14 organizations, or the general public by a licensed professional counselor, that is
15 consistent with his professional training as prescribed by R.S. 37:1107(A)(6), by a
16 provisional licensed professional counselor, that is consistent with the requirements
17 as prescribed by R.S. 37:1107(F), and code of ethics/behavior involving the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 38
SLS 17RS-20 ENGROSSED
1 application of principles, methods, or procedures of the mental health counseling
2 profession. However, nothing in this Chapter shall be construed to authorize any
3 person licensed under the provisions of this Chapter to assess, diagnose, or provide
4 treatment to any individual suffering from a serious mental illness, as defined by this
5 Section, when medication may be indicated, except when a licensed professional
6 counselor, in accordance with industry best practices, consults and collaborates with
7 a practitioner who holds a license or permit with the Louisiana State Board of
8 Medical Examiners or an advanced practice registered nurse licensed by the
9 Louisiana State Board of Nursing who is certified as a psychiatric nurse practitioner.
10 Moreover, except as provided in this Section, nothing in this Chapter shall be
11 construed to authorize any person licensed hereunder to administer or interpret tests
12 in accordance with the provisions of R.S. 37:2352(5), except as provided by Title 46,
13 Part LXIII, Chapter 17, Section 1702(E) of the Louisiana Administrative Code, or
14 engage in the practice of psychology or to prescribe, either orally or in writing,
15 distribute, dispense, or administer any medications.
16 * * *
17 Section 2. R.S. 37:1103(14) and 1116(F) are hereby repealed.
18 Section 3. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 38 Engrossed 2017 Regular Session Morrell
Present law provides that any person licensed under the mental health counselor law may not
assess, diagnose, or provide treatment to any individual suffering from a serious mental
illness when medication may be indicated, except when a licensed professional counselor,
in accordance with industry best practices, consults and collaborates with a practitioner who
holds a license or permit with the Louisiana State Board of Medical Examiners or an
advanced practice registered nurse licensed by the Louisiana State Board of Nursing who
is certified as a psychiatric nurse practitioner.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 38
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Proposed law repeals present law.
Present law provides a definition for serious mental illness to include schizophrenia or
schizoaffective disorder, bipolar disorder, panic disorder, obsessive-compulsive disorder,
major depressive disorder - moderate to severe, anorexia, bulimia, intermittent explosive
disorder, autism, psychosis NOS (not otherwise specified) when diagnosed in a child under
seventeen years of age, Rett's disorder, Tourette's disorder, and dementia.
Proposed law repeals present law.
Effective upon signature of the governor or upon lapse of time for gubernatorial action.
(Amends R.S. 37:1103(7); repeals R.S. 37:1103(14) and 1116(F))
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.