2017 Regular Session ENROLLED
SENATE BILL NO. 38
BY SENATOR MORRELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 37:1103(7) and 1116(F) and to repeal R.S. 37:1103(14), 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) and 1116(F) are hereby amended and reenacted to read
9 as follows:
10 §1103. Definitions
11 * * *
12 (7) "Mental health counseling services" means rendering or offering
13 prevention, assessment, diagnosis, and treatment, which includes psychotherapy, of
14 mental, emotional, behavioral, and addiction disorders to individuals, groups,
15 organizations, or the general public by a licensed professional counselor, that is
16 consistent with his professional training as prescribed by R.S. 37:1107(A)(6), by a
17 provisional licensed professional counselor, that is consistent with the requirements
18 as prescribed by R.S. 37:1107(F), and code of ethics/behavior involving the
19 application of principles, methods, or procedures of the mental health counseling
20 profession. However, nothing in this Chapter shall be construed to authorize any
21 person licensed under the provisions of this Chapter to assess, diagnose, or provide
22 treatment to any individual suffering from a serious mental illness, as defined by this
23 Section, when medication may be indicated, except when a licensed professional
ACT No. 235
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1 counselor, in accordance with industry best practices, consults and collaborates with
2 a practitioner who holds a license or permit with the Louisiana State Board of
3 Medical Examiners or an advanced practice registered nurse licensed by the
4 Louisiana State Board of Nursing who is certified as a psychiatric nurse practitioner.
5 Moreover, except as provided in this Section, nothing in this Chapter shall be
6 construed to authorize any person licensed hereunder to administer or interpret
7 intellectual, personality, developmental, or neuropsychological tests in
8 accordance with the provisions of R.S. 37:2352(5)(7), except as provided by Title
9 46, Part LXIII, Chapter 17, Section 1702(E) of the Louisiana Administrative Code,
10 or engage in the practice of psychology or to prescribe, either orally or in writing,
11 distribute, dispense, or administer any medications. If intellectual, personality,
12 developmental, or neuropsychological tests are deemed necessary, the licensed
13 professional counselor or provisional licensed professional counselor shall make
14 an appropriate referral.
15 * * *
16 §1116. Licensure application for marriage and family therapists; provisional license;
17 temporary license or temporary provisional license
18 * * *
19 F. Nothing in this Chapter shall be construed to authorize any person licensed
20 under the provisions of this Chapter to assess, diagnose, or provide treatment to any
21 individual suffering from a serious mental illness, as defined by R.S. 37:1103, when
22 medication may be indicated, except when a licensed marriage and family therapist,
23 in accordance with best practices, consults and collaborates with a practitioner who
24 holds a license or permit with the Louisiana State Board of Medical Examiners or an
25 advanced practice registered nurse licensed by the Louisiana State Board of Nursing
26 who is certified as a psychiatric nurse practitioner. If intellectual, personality,
27 developmental, or neuropsychological tests are deemed necessary, the licensed
28 marriage and family therapist or provisional licensed marriage and family
29 therapist shall make an appropriate referral.
30 Section 2. R.S. 37:1103(14) is hereby repealed.
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1 Section 3. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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