SLS 20RS-623 ORIGINAL
2020 Regular Session
SENATE BILL NO. 458
BY SENATOR LUNEAU
PSYCHOLOGISTS. Provides relative to the Louisiana State Board of Examiners of
Psychologists. (2/3 - CA7s2.1(A)) (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 37:2352, 2353(3), and (B), and (C), 2356(B) and (C), 2356.2(B),
3 2358, the introductory paragraph of R.S. 37:2359(B), (B)(1), and (9), (D) through
4 (G), and 2360(B), and to enact R.S. 37:2353(A)(8), 2354(F) through (J), and
5 2355(C), 2356.3(A)(3), 2356.4, and 2359(C)(4) and (H) through (J), relative to the
6 Louisiana State Board of Examiners of Psychologists; to provide definitions; to
7 provide relative to the powers and duties of the board; to provide duties of the
8 executive director; to provide authority to establish an advisory, executive and
9 standing committees; to provide fees for continuing education course, course review,
10 special services, credit cards, and actual administration costs; to provide
11 investigative records are confidential; to provide notice requirements for licensure
12 of psychologist and examinations are determined by the board; to provide notice
13 requirements for a provisional license and specialist in school; to provide for the
14 registration of an assistant to psychologist; to provide for issuing a license; to
15 provide for the enforcement, procedure for a formal complaint, denial, revocation,
16 or suspension of a license a psychologist, provisional license and specialist in school
17 psychology; and to provide for related matters.
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1 Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 37:2352, 2353(3), and (B), and (C), 2356(B) and (C), 2356.2(B),
3 2358, the introductory paragraph of R.S. 37:2359(B), (B)(1), and (9), (D) through (G), and
4 2360(B) and hereby amended and reenacted and R.S. 37:2353(A)(8), 2354(F) through (J),
5 and 2355(C), 2356.3(A)(3), 2356.4, and 2359(C)(4) and (H) through (J) are hereby enacted
6 to read as follows:
7 §2352. Definition of terms
8 As used in this Chapter the following terms mean:
9 (1) "Advisory committee" means a committee established by Louisiana
10 State Board of Examiners of Psychologists.
11 (1)(2) "Applicant" means any person who has submitted an application form
12 to the board, paid the application fee, and who has provided such additional
13 information as the board may require.
14 (3) "Assistant to psychologist" means an individual who is registered in
15 accordance with the provisions of this Chapter to work directly with patients
16 and clients for the provision of limited psychological services, under the
17 authority and direct continuing supervision of a licensed psychologist of record.
18 (2)(4) "Board" means the Louisiana State Board of Examiners of
19 Psychologists. The term board may be synonymous with agency as defined in the
20 Louisiana Administrative Procedure Act.
21 (3)(5) "Candidate" means any person whose application and related materials
22 have been approved by the board. Only candidates are eligible to take the
23 written/oral examination.
24 (6) "Complaints review committee" means the panel designated by
25 board policy to investigate complaints and to conduct informal conferences in
26 disciplinary matters, utilized to shield board members from ex parte
27 communicating, and preserve the integrity of board members to serve as an
28 unbiased participant in all adjudication, including disciplinary panels.
29 (7) "Executive committee" means a standing committee established by
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1 the Louisiana State Board of Examiners of Psychologists with authority
2 established through formal action of the board to execute certain tasks and
3 duties of the board, including but not limited to subpoena and summary
4 suspension authority, and utilized to facilitate the proper functioning of the
5 agency. This committee shall consist of two or more board members and may
6 include other personnel.
7 (8) "Executive director" means the chief administrative officer of the
8 Louisiana State Board of Examiners of Psychologists.
9 (4) (9) "Licensed specialist in school psychology" means any person licensed
10 as a specialist in school psychology who applies his knowledge of both psychology
11 and education during consultation and collaboration with others and engages in
12 specific services for students, such as direct and indirect interventions that focus on
13 academic skills, learning, socialization, and mental health.
14 (5)(10) "Persons" includes an individual, firm, partnership, association, or
15 corporation.
16 (7)(11) "Practice of psychology" is defined as the observation, description,
17 assessment, evaluation, interpretation, and modification of human behavior, by the
18 application of psychological principles, methods, and procedures,. for the purpose
19 of eliminating symptomatic, maladaptive, or undesired behavior, and of improving
20 interpersonal relationships, work and life adjustment, personal effectiveness,
21 behavioral health, and mental health. The practice of psychology includes but is not
22 limited to the following activities:
23 (a) psychological Psychological research, testing and evaluation or
24 assessment as defined in the rules and regulations of the board, of personal
25 characteristics such as intelligence, personality, abilities, interests, aptitudes, and
26 neuropsychological functioning;.
27 (b) Psychological research and test development.
28 (c) The application of therapeutic interventions, including but not limited
29 to counseling, psychoanalysis, psychotherapy, hypnosis, stress management,
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1 biofeedback, behavior analysis and therapy; applied for the purpose of eliminating
2 symptomatic, maladaptive, or undesired behavior, and of improving
3 interpersonal relationship, work and life adjustment, personal effectiveness,
4 behavioral health, and mental health.
5 (d) diagnosis Diagnosis and treatment of mental and emotional disorder or
6 disability, alcoholism and substance abuse,. and
7 (e) Testing, evaluation and assessment of the psychological aspects of
8 physical illness, accident, injury, or disability;.
9 (f) psycho Psycho-educational evaluation, therapy, remediation, and
10 consultation.
11 (g) Consultation with physicians, other health care professionals, and
12 clients regarding available treatment options, including medication, with
13 respect to the provisions of care for a specific client.
14 (h) Provision of direct services to individuals or groups for the purpose
15 of enhancing individual and organizational effectiveness.
16 (i) Using psychological principles, methods and procedures to assess and
17 evaluate individuals for the purpose of rendering an expert opinion and
18 diagnosis in a legal setting.
19 (j) Using psychological principles, methods, and procedures to assess and
20 evaluate an individuals' personal characteristics for individual development or
21 behavior change or for making decisions about the individual.
22 (k) Supervision and consultation related to any of the services described
23 in this Chapter. Psychological services may be rendered offered to persons
24 throughout their life time including individuals, families, groups, institutions,
25 organizations, and the public. Psychological services may be offered in a variety
26 of settings including, but not limited to private and public clinics, hospitals,
27 schools, universities, legal settings, that include civil, criminal and family court,
28 and prison systems, government organizations and departments. The practice
29 of psychology shall be construed within the meaning of this definition without regard
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1 to whether payment is received for services rendered.
2 (8)(12)"Provisional licensed psychologist" means a person provisionally
3 licensed under this Chapter.
4 (9)(13) "Psychologist" means any person licensed as a psychologist under
5 this Chapter. A person represents himself to be a psychologist by using any title or
6 description of services incorporating the words "psychology", "psychological", or
7 "psychologist", or by using any other terms which imply that he is qualified to
8 practice psychology or that he possesses expert qualification in any area of
9 psychology or if that person offers to the public or renders to individuals or to groups
10 of individuals services defined as the practice of psychology in this Chapter.
11 (10)(14) "School" or "college" means any regional accredited university or
12 other institution of higher learning offering a full-time doctoral course of study in
13 psychology that is approved by the board.
14 (11)(15) "School system" means any institution or facility which provides for
15 education of children in grades one or above, which may include kindergarten or
16 prekindergarten attached thereto.
17 (16) "Standing committee" means a committee established by Louisiana
18 State Board of Examiners of Psychologists.
19 §2353. State board of examiners; organization; duties; meetings; fees
20 A. * * *
21 (3)(a) Each psychologist board member shall be a citizen of the United
22 States, resident of the state of Louisiana, shall have rendered service, teaching,
23 training, or research in psychology for at least five years, shall have held a doctoral
24 degree in psychology from a school or college as defined in this Chapter for a period
25 of five years, and shall be licensed under this Chapter for a minimum of five years.
26 (b) No more than two early career psychologists shall hold a seat on the
27 board at any given time. Early career psychologists shall have rendered service,
28 teaching, training, or research in psychology for at least three years; held a
29 doctoral degree in psychology from a school or college as defined in this
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1 Chapter for a period of one year upon taking office, and shall be licensed under
2 this Chapter. Nothing in this part shall require a seat be held by an early career
3 psychologist.
4 (c) All other board seats must be held by psychologist members who have
5 rendered service, teaching, training, or research in psychology for at least five
6 years; held a doctoral degree in psychology from a school or college as defined
7 in this Chapter for a period of five years, and shall be licensed under this
8 Chapter.
9 (b)(d)(i) The consumer member shall be selected from the state at large and
10 shall possess all of the following qualifications:
11 (aa) Is a citizen of the United States and has been a resident of Louisiana for
12 at least one year immediately prior to appointment.
13 (bb) Has attained the age of majority.
14 (cc) Has never been licensed by any of the licensing boards identified in R.S.
15 36:259(A), nor shall he have a spouse who has ever been licensed by a board
16 identified in R.S. 36:259(A).
17 (dd) Has never been convicted of a felony.
18 (ee) Does not have and has never had a material financial interest in the
19 healthcare profession.
20 (ii) The consumer member shall be a full voting member of the board with
21 all rights and privileges conferred on board members, except that the consumer
22 member shall not participate in the grading of individual examinations.
23 * * *
24 (8) Board members shall complete training in governmental ethics, anti-
25 trust compliance, and sexual harassment prevention and other mandatory
26 training subsequently required by a governing authority, including the board.
27 B. The board shall, annually in the month of July, hold a meeting and elect
28 from its membership a chairman and vice chairman. Special sessions may be called
29 by the chairman or the governor. A majority of the board shall constitute a quorum
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1 at any meeting or hearing. The assembly of any four members of the board shall
2 constitute a quorum for any business before the board. The board may adopt
3 parliamentary procedures for motions and tie votes before the assembly.
4 * * *
5 C. The board is authorized and empowered to may do the following
6 activities:
7 (1) Adopt, and from time to time, revise, such rules and regulations not
8 inconsistent with the law as may be necessary to effect the provisions of this
9 Chapter.
10 (2) Employ, within the limits of the funds received by the board, an
11 administrative assistant, general legal counsel, executive director, and other full-
12 time or part-time professional, legal, investigative, special agents or other
13 personnel necessary for to effectuate the proper performance of work under
14 provisions of this Chapter.
15 (3) The board shall appoint an executive director who shall be an
16 unclassified employee of the state. The executive director shall receive a salary
17 determined by the board along with reimbursement for the actual and
18 reasonable expenses approved by the board, in connection with the performance
19 of official duties and whose duties shall include but not limited to the following
20 activities:
21 (a) The daily operations of the board and implementation of board
22 policy.
23 (b) The supervision and direction of all employees of the board.
24 (c) The custodian of records, and shall make, keep, and be in charge of
25 all records and correspondence of the board.
26 (d) Local, state and federal reporting requirements.
27 (e) The performance of complaint investigations.
28 (f) The performance of such other functions for the proper
29 administration of this Chapter, and as prescribed by the board.
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1 (3)(4) Adopt a seal, which shall be affixed to all licenses issued by the board.
2 (5) Purchase or rent necessary office space, equipment, and supplies
3 within the limits of the funds received by the board.
4 (4)(6) Examine for, deny, approve, revoke, suspend, restrict, and renew, or
5 restrict the licenses of applicants, or candidates, and psychologists; provisional
6 licensed psychologists; specialists in school psychology; and assistants to
7 psychologists; as provided under this Chapter.
8 (5)(7) Conduct hearings upon complaints concerning the disciplining of a
9 person licensed pursuant to the provisions of this Chapter and within the limitations
10 established under Chapter 1-A of Title 37 of the Louisiana Revised Statutes of 1950.
11 (8) Administer oaths, in the taking of testimony at any hearing before the
12 board or appoint a designee by resolution or contract to administer oaths upon
13 any matters relative to the duties of the board or violation of this Chapter.
14 (9) Issue subpoena or appoint a designee by resolution, to require
15 attendance, testimony, and the production of documents to enforce the laws and
16 rules relative to the practice of psychology and to secure evidence of violations
17 thereof.
18 (10) Take emergency action in accordance with the provisions of R.S.
19 49:961:
20 (a) If the board finds that the public health, safety, and welfare require
21 emergency action and incorporates a finding to that effect in its order, a
22 summary suspension, revocation or other action. The proceedings shall be
23 promptly instituted and determined at the next regularly scheduled meetings
24 of the board, but no later than thirty days from the date of the emergency
25 action.
26 (b) The board may delegate by resolution to the executive committee, the
27 authority to issue an order of summary suspension when it is determined that
28 the public health, safety and welfare requires emergency action. The board shall
29 be notified of the interim action taken and set a date for hearing at the next
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1 regularly scheduled meeting of the board, but not later than thirty days from
2 the date of the interim action taken.
3 (6)(11) Cause the prosecution and enjoinder of all persons violating this
4 Chapter, and incur necessary expenses therefor.
5 (12) Establish an advisory committee to assist the board with specialized
6 projects or research as prescribed by the board.
7 (13) Establish an executive committee with authority to establish through
8 formal action to execute certain tasks and duties of the board, including but not
9 limited to issuing subpoena and summary suspension authority, and utilized to
10 facilitate the proper functioning of the board.
11 (14) Establish standing committees to facilitate the proper functioning
12 of the board.
13 (15) Provide education to licensees and to the public relating to the
14 purpose of the board, applicable laws and rules, and public health, safety, and
15 welfare as it pertains to the practice of psychology.
16 * * *
17 §2354. Fees
18 * * *
19 F.(1) Fees assessed by the board for application for approval of a
20 continuing education course or activity sponsor shall not exceed two hundred
21 fifty dollars.
22 (2) Fees assessed by the board on an individual licensee for review of a
23 course or activity of continuing education shall not exceed twenty dollars. This
24 fee shall apply only if a licensee intends to earn continuing education credit for
25 a course or activity in which the sponsor has not sought review or obtained
26 approval by the board.
27 G. Fees assessed by the board shall not exceed two hundred dollars for
28 special services including, but not limited to the following:
29 (1) Applications for authority to conduct telesupervision.
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1 (2) Inactive status and renewal.
2 (3) Emeritus status and renewal.
3 (4) Mailing lists.
4 (5) Continuing professional development.
5 (6) Other applications duly authorized by rulemaking.
6 H. Fees assessed by the board for a written or computer generated
7 license verification, certified board actions, a duplicate license, or a duplicate
8 renewal certificate shall not exceed fifty dollars each.
9 I. The board may assess credit card service fees not to exceed the amount
10 charged to the board by the financial institution.
11 J. The board may assess a fee in the amount of the actual fees and costs
12 for actual administrative functions that it performs.
13 * * *
14 §2355. Records
15 * * *
16 C. Information or reports concerning or relating to improper conduct
17 by, or the impairment of applicants, candidates, psychologists, assistants to
18 psychologists, and specialists in school psychology, and any other applications,
19 licenses, and registrations authorized herein as provided under this Chapter,
20 that the board obtains through an investigation in accordance with R.S.
21 37:1745.14 and R.S. 37:1745.15 are confidential.
22 * * *
23 §2356. Licensure of psychologists by written and oral examination
24 * * *
25 B. Upon investigation of the application and other evidence submitted, the
26 board shall, not less than thirty days prior to the examination, notify each applicant
27 that the application and evidence submitted for licensure is satisfactory and accepted
28 and that the applicant has been admitted to candidacy status, or unsatisfactory and
29 rejected; if rejected, said notice shall state the reasons for such rejection.
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1 C. The place of examination shall be designated in advance by the board, and
2 such examination shall be given annually at such place and time and under such
3 supervision as the board may determine, and specifically at such other times as, in
4 the opinion of the board, the number of candidates warrants.
5 * * *
6 §2356.2. Provisional licensed psychologist; renewal; continuing education
7 * * *
8 B.(1) If the board reasonably believes that a person applying for a provisional
9 license or for renewal of a provisional license is not physically or mentally
10 competent to render psychological services with reasonable skill and safety to his
11 patients, or is afflicted with a disease or condition, either physical or mental, which
12 would impair his competency to render psychological services, the board may
13 request the person to submit to a physical examination by a medical doctor approved
14 by the board or submit to a mental health examination by a psychologist or
15 psychiatrist approved by the board. If the person refuses to submit to the
16 examination, the board, after a contradictory hearing and upon finding reasonable
17 cause, may issue an order requiring the person to submit to the examination. A
18 person who is ordered to submit to an examination shall not be eligible for
19 provisional licensure or renewal of a provisional license prior to such examination.
20 Proceedings pursuant to this Subsection shall be conducted in compliance with the
21 Administrative Procedure Act.
22 (2) Upon investigation of the application, the board shall notify each
23 applicant that the application and evidence submitted for licensure is
24 satisfactory and accepted and that the applicant has been admitted, or
25 unsatisfactory and rejected; if rejected, the notice shall state the reasons for the
26 rejection.
27 * * *
28 §2356.3. Specialist in school psychology; licensure; scope of practice
29 A.(1)
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1 * * *
2 (3) Upon investigation of the application, the board shall notify each
3 applicant that the application and evidence submitted for licensure is
4 satisfactory and accepted and that the applicant has been admitted, or
5 unsatisfactory and rejected; if rejected, the notice shall state the reasons for the
6 rejection.
7 * * *
8 §2356.4. Assistants to psychologists; registration, supervision, renewal, lapse,
9 termination, reinstatement, and scope of practice
10 A. The board may promulgate rules and regulations regarding the
11 registration, supervision, renewal, scope and limitation of an assistant to
12 psychologist not inconsistent with the provisions of this Chapter.
13 B. Upon employment of an assistant to psychologists, but prior to
14 performance of psychological duties by the assistant to psychologists, the
15 psychologist of record who is licensed under the provisions of this Chapter shall
16 submit a complete application for registration, the registration fee, and other
17 information as may be required by the board. The application fee for
18 registration of an assistant to psychologist shall not exceed one hundred dollars.
19 C. The board shall issue a certificate of registration as an assistant to
20 psychologist to any person who furnishes evidence, on such form and in such
21 manner as may be prescribed by the board, that the person meets all of the
22 following criteria:
23 (1) Is at least eighteen years of age.
24 (2) Is of good moral character.
25 (3) Is a citizen of the United States or has declared his intention to
26 become a citizen. A statement by the person under oath that he is a citizen or
27 that he intends to apply for citizenship when he becomes eligible to make such
28 application shall be sufficient proof of compliance with the requirement of this
29 Paragraph.
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1 (4) Is not in violation of any of the provisions of this Chapter, or the rules
2 and regulations adopted by the board.
3 (5) Possess minimum qualifications commensurate with the services to
4 be provided by the registrant as defined in the rules and regulations of the
5 board.
6 (6) Has supervised training commensurate with the services to be
7 performed by the registrant as defined in the rules and regulations of the board.
8 (7) Relative only to Paragraphs (5) and (6) of this Subsection, the board
9 may promulgate rules to authorize a waiver related to minimum training
10 requirements for the issuance of a registration for any assistant to psychologist
11 who was employed to provide services under the supervision of a psychologist
12 licensed under this Chapter, prior to the enactment of this Section. The
13 provisions shall set a deadline for registration under such waiver.
14 (8) Prior to the issuance of any registration, the registration shall initiate
15 a criminal background report from the Louisiana Bureau of Criminal
16 Identification and Information of the office of state police within the
17 Department of Public Safety and Corrections in accordance with this Chapter.
18 D. Upon investigation of the application, the board shall notify the
19 psychologist of record that the application and evidence submitted for
20 registration is satisfactory and accepted and that the registrant has been
21 approved, or the applicant or evidence is unsatisfactory and rejected. If the
22 applicant or evidence is rejected the notice from the board shall state the
23 reasons for the rejection.
24 E. (1) The services and duties of a person registered under this Section
25 as an assistant to psychologists is limited to psychological services authorized
26 by the board, that are commensurate with their education and training, and
27 under the direct and continuous supervision of the psychologist of record who
28 is licensed under this Chapter.
29 (2) Services shall not be advertised in the name of the assistant to
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1 psychologist.
2 (3) The assistant to psychologist shall not be authorized to assign or
3 delegate psychological duties, or otherwise engage in the independent practice
4 of psychology.
5 (4) A registration certificate is not the property right of the assistant to
6 psychologist, it is an extension of the psychologist's license when utilizing
7 another individual to effectuate the provision of services to patients and clients.
8 F. Nothing in this Chapter shall be construed to allow an assistant to
9 psychologist to do the following activities:
10 (1) Engage in any activity or service defined as the independent practice
11 of psychology as defined in this Chapter.
12 (2) Work outside the supervisory relationship that is approved by the
13 board through registration.
14 (3) Render any diagnosis.
15 (4) Sign any evaluations or reports.
16 G. A supervising psychologist of record is a psychologist licensed under
17 this Chapter, who is responsible for and shall participate in the patient's care.
18 The psychologist of record is administratively, clinically, and legally responsible
19 for all activities of the assistant to psychologist.
20 H. Nothing in this Chapter shall be construed to allow an assistant to
21 psychologist use any title or description to represent themselves as a
22 psychologist or imply that they are qualified to practice psychology in violation
23 of this Chapter.
24 I. A person may be dually registered and provide services under the
25 direction of more than one supervising psychologists. A single application and
26 fee shall be required if services are provided under a single employer, hospital
27 or clinic.
28 J. (1) The board may deny or revoke a registration that is in the best
29 interest of public, health, safety, and welfare for any unethical, unlawful or
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1 other unprofessional conduct brought to the attention of the board under the
2 jurisdiction of this Chapter.
3 (2) Should the board receive reliable information that the actions of an
4 assistant to psychologist is causing harm to clients or patients, is otherwise likely
5 to cause harm to future clients or patients, or the action is performed in an
6 unethical or unprofessional manner, the board shall notify the psychologist of
7 record, of its intent to deny or revoke a registration within ten days of the
8 intended action.
9 (3) The psychologist of record may submit a written response with
10 supporting documents as to why the registration of the assistant to psychologist
11 should not be terminated. Following consideration of all information received,
12 the board may terminate or continue the registration of the assistant to
13 psychologist.
14 K. (1) If the supervisory relationship between a psychologist of record
15 and the assistant to psychologist terminates, the psychologist of record shall
16 notify the board in writing upon such form and in such manner as prescribed
17 by the board. The notice shall be submitted within ten calendar days of the
18 termination and include reasons for the termination. Upon receipt of the notice,
19 the board shall terminate the registration of the assistant to psychologist.
20 L. (1) The psychologist of record shall, during the month of July of each
21 year, beginning in the year immediately subsequent to the initial registration of
22 the assistant to psychologist, submit to the board a renewal application as
23 prescribed by the board and renewal fee. The renewal fee shall be determined
24 annually by the board and shall not exceed seventy-five dollars.
25 (2) The registration of an assistant to psychologists shall immediately
26 lapse upon the occurrence of any one of the following:
27 (a) Failure to renew registration as provided in this Section.
28 (b) Loss of license of the psychologist of record due to lapse, failure to
29 renew, or other action of the psychologist of record.
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1 (c) Disciplinary action against the license of the psychologist of record
2 in any jurisdiction.
3 (d) Evidence that the assistant to psychologist has violated any of the
4 provisions of this Chapter, or the rules and regulations of the board.
5 M. A psychologist of record who fails to renew the registration of an
6 assistant to psychologist in accordance with the provisions herein may obtain
7 reinstatement of the lapsed registration provided the assistant to psychologist
8 is eligible under the provisions of this Chapter, and any other applicable laws.
9 The psychologist of record submits to the board a renewal application as
10 prescribed by the board, and submits the late renewal fee, which shall be the
11 sum of the current application fee, plus the renewal fee.
12 N. The provisions of this Section shall not apply to medical psychologists
13 utilizing assistants under the provisions of R.S. 37:1360.61 under jurisdiction
14 of the Louisiana State Board of Medical Examiners.
15 * * *
16 §2358. License; filing
17 The board shall issue a license signed by the chairman, vice chairman, and
18 all members of the board whenever a candidate for licensure is found to be qualified
19 as provided in this Chapter. A copy of such license, so certified by the vice chairman
20 as a true copy, shall be filed in the office of the secretary of the state of Louisiana by
21 the administrative assistant of the board. Any filing fees in connection with such
22 filing shall be paid, in advance, to the administrative assistant of the board by the
23 person being licensed.
24 * * *
25 §2359. Denial Enforcement, procedure for a formal complaint, denial,
26 revocation, or suspension of license; psychologist; provisional
27 license; specialist in school psychology
28 * * *
29 B. The board shall have the power and duty to suspend, place on probation,
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1 require remediation for a specified time, revoke, or restrict any license to practice
2 psychology, any provisional license to practice psychology, or any license to practice
3 as a specialist in school psychology issued by the board, on any grounds set forth
4 in this Section, or take any other action specified in the rules and regulations, when
5 such action arises from a formal complaint as defined in this Section, whenever
6 the board, by affirmative vote of at least four members of a five-member hearing
7 panel, or unless otherwise provided by law, the board may delegate its authority
8 and responsibility to a complaint review committee, that shall find by a
9 preponderance of the evidence that a psychologist, provisional licensed psychologist,
10 or specialist in school psychology has engaged in any of the following acts or
11 offenses:
12 * * *
13 (1) Fraud or deception in applying for or procuring a license to practice
14 psychology or license as a specialist in school psychology.
15 * * *
16 (9) The suspension, voluntary relinquishment as an informal resolution
17 to an adjudication, or revocation by another state of a license to practice
18 psychology, or registration to provide psychological services. A certified copy of
19 the record of suspension, voluntary relinquishment or revocation of the state
20 making such a suspension, agreement or revocation shall be conclusive evidence
21 thereof.
22 * * *
23 C.(1)
24 (4) All proceedings in connection with any investigation by the board
25 shall be conducted in closed session, and are exempt from the provisions of the
26 Public Meetings Law pursuant to R.S. 42:17(A)(4). All records in connection
27 with any investigation by the board are confidential. These records shall remain
28 confidential and not be open for public inspection unless these records are
29 entered into the record of any court, except as specifically provided under R.S.
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1 42:17(A)(1) and R.S. 37:2363(A).
2 D. Requests for investigation may be initiated by the board, by any
3 licensed psychologist, or by any other person.
4 E. A request for investigation is the receipt of any information by the
5 board indicating that there may be grounds for disciplinary action against a
6 psychologist, licensed provisional psychologist, a specialist in school psychology,
7 or any other individual, under the provisions of this Chapter, or other
8 applicable law, regulation, or rule.
9 F. (1) A formal complaint is the pleading filed by the board, or its
10 designated complaints review committee, against a respondent, which pleading
11 outlines facts and legal reasons to support formal charges.
12 (2) Service of this pleading marks the completion of an investigation and
13 represents the initiation of formal proceedings, including notice of hearing, by
14 the board against the licensee in accordance with the Louisiana Administrative
15 Procedure Act.
16 D.G. The board may deny or withhold for a specified time not to exceed two
17 years the granting of a license or provisional license to any applicant or candidate
18 who has committed any of the acts or offenses set forth in Subsection B of this
19 Section.
20 E.H. Suspension by the board of the license of a psychologist, a provisional
21 license of a psychologist, or a license of a specialist in school psychology shall be
22 for a period not exceeding two years.
23 F.I. A person who has been refused a license or provisional license, whose
24 license has been revoked, under the provisions of this Section, may reapply for
25 licensure after more than two years have elapsed from the date such denial or
26 revocation is legally effective.
27 G.J. The board shall notify all licensed psychologists, provisional licensed
28 psychologists, and licensed specialists in school psychology of any disciplinary
29 action taken against a licensed psychologist, a provisional licensed psychologist, or
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1 a licensed specialist in school psychology.
2 * * *
3 §2360. Violation and penalties
4 * * *
5 B. (1) Such The misdemeanor shall be prosecuted by the district attorney of
6 the judicial district in which the offense was committed in the name of the people of
7 the state of Louisiana.
8 (2) If the board, its designee, or complaints review committee determines
9 as a result of an investigation or otherwise that a violation of this Chapter has
10 occurred, or has obtained evidence or information that a violation has occurred
11 that is subject to a criminal investigation or penalties, the information
12 concerning the alleged violation shall be presented to the district attorney in
13 whose district the violation occurred, and shall aid in any criminal prosecution
14 for a violation of this Chapter. The district attorney may immediately proceed
15 with such criminal actions or investigations as are justified by the facts
16 presented or available to him.
17 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Elizabeth O'Quin
DIGEST
SB 458 Original 2020 Regular Session Luneau
Present law provides for the licensing of psychologists by the Louisiana State Board of
Examiners of Psychologists.
Proposed law creates an advisory committee to be established by the board; the position of
an assistant to psychologists to work under the authority and direct supervision of a licensed
psychologists; a complaints review committee to investigate complaints and to conduct
informal conferences in disciplinary matters in order to shield board members from ex parte
communications, and preserve the integrity of board members to serve as an unbiased
participant in all adjudication, including disciplinary panels; an executive committee
composed of two or more board members to be established by the board to execute certain
tasks and duties, including the power to subpoena and summary suspension authority;
creates the position of "executive director" as the chief administrative officer of the board
who shall be an unclassified employee of the state.
Proposed law defines the practice of psychology to include assessments and that it includes
certain enumerated activities including:
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(1)Consultation with physicians, other health care professionals, and clients regarding
available treatment options, including medication, with respect to the provisions of
care for a specific client.
(2)Provisions of direct services to individuals or groups for the purpose of enhancing
individual and organizational effectiveness.
(3)Using psychological principles, methods and procedures to assess and evaluate
individuals for the purpose of rendering an expert opinion and diagnosis in a legal
setting.
(4)Using psychological principles, methods, and procedures to assess and evaluate an
individuals' personal characteristics for individual development or behavior change
or for making decisions about the individual.
Proposed law specifically provides that psychological services may be offered in a variety
of settings including, but not limited to private and public clinics, hospitals, schools,
universities, legal settings, that include civil, criminal and family court, and prison systems,
government organizations and departments. The practice of psychology shall be construed
within the meaning of this definition without regard to whether payment is received for
services rendered.
Present law provides for the La. State Board of Examiners of Psychologists composed of six
members; five members who are psychologists and one consumer member. Requires that the
each psychologist member of the board of examiners be a U.S. citizen and resident of
Louisiana who has rendered service, teaching, training, or research in psychology for at least
five years, shall have held a doctoral degree in psychology from a school or college for a
period of five years, and shall be licensed under by the board of for a minimum of five years.
Proposed law removes the requirement five years of service, teaching or research; removes
the five year requirement that one possess a doctoral degree for five years, and have been
licensed by the board of at least five years.
Proposed law requires that no more than two early career psychologists shall hold a seat on
the board at any given time. Requires that early career psychologists have rendered service,
teaching, training, or research in psychology for at least three years; have held a doctoral
degree in psychology from a school or college for a period of one year upon taking office,
and shall be licensed by the board. Provides that there is no requirement that seat on the
board be held by an early career psychologist.
Requires that all other board members be held by psychologist members who have rendered
service, teaching, training, or research in psychology for at least five years; held a doctoral
degree in psychology from a school or college for a period of five years, and shall be
licensed by the board.
Proposed law retains present law regarding the consumer member of the board.
Proposed law requires that board members complete training in governmental ethics, anti-
trust compliance, and sexual harassment prevention and other mandatory training
subsequently required by a governing authority, including the board.
Proposed law authorizes the board to employ an executive director and other full-time or
part-time professional, legal, investigative, and special agents. Requires that the board
appoint an executive director who shall be in the unclassified employee of the state and who
shall receive a salary determined by the board along with reimbursement for the actual and
reasonable expenses approved by the board. Provides for the duties of the executive director
which include the following activities:
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(1) Administer oaths, in the taking of testimony at any hearing before the board or
appoint a designee by resolution or contract to administer oaths upon any matters
relative to the duties of the board or violation of this Chapter.
(2)Issue subpoena or appoint a designee by resolution, to require attendance, testimony,
and the production of documents to enforce the laws and rules relative to the practice
of psychology and to secure evidence of violations thereof.
(3)Take emergency action as may be required by law.
(4)Establish an advisory committee to assist the board with specialized projects or
research as prescribed by the board.
(5)Establish an executive committee with authority to establish through formal action
to execute certain tasks and duties of the board, including but not limited to issuing
subpoena and summary suspension authority, and utilized to facilitate the proper
functioning of the board.
(6)Establish standing committees to facilitate the proper functioning of the board.
(7)Provide education to licensees and to the public relating to the purpose of the board,
applicable laws and rules, and public health, safety, and welfare as it pertains to the
practice of psychology.
Proposed law provides for the following as to fees assessed by the board:
(1)Fees assessed by the board for application for approval of a continuing education
course or activity sponsor shall not exceed $250.
(2)Fees assessed by the board on an individual licensee for review of a course or
activity of continuing education shall not exceed $20 and that this fee applies only
if a licensee intends to earn continuing education credit for a course or activity in
which the sponsor has not sought review or obtained approval by the board.
(3)Fees assessed by the board shall not exceed $200 for special services including, but
not limited to the following:
(a)Applications for authority to conduct telesupervision.
(b)Inactive status and renewal.
(c)Emeritus status and renewal.
(d)Mailing lists.
(e)Continuing professional development.
(f)Other applications duly authorized by rulemaking.
(4)Fees assessed by the board for a written or computer generated license verification,
certified board actions, a duplicate license, or a duplicate renewal certificate shall not
exceed $50 each.
Authorizes the board to assess a fee in the amount of the actual fees and costs for actual
administrative functions that it performs.
Proposed law provides that information or reports concerning or relating to improper
conduct by, or the impairment of applicants, candidates, psychologists, assistants to
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psychologists, and specialists in school psychology, and any other applications, licenses, and
registrations authorized that the board obtains through an investigation are confidential.
Present law requires that upon investigation of the application and other evidence submitted,
the board, not less than thirty days prior to the examination, is to notify each applicant that
the application and evidence submitted for licensure is satisfactory and accepted and that the
applicant has been admitted to candidacy status, or unsatisfactory and rejected; if rejected,
said notice shall state the reasons for such rejection.
Proposed law removes the thirty day requirement.
Present law provides for applications for a provisional licensed psychologist. Proposed law
provides that upon investigation of the application, the board is to notify each applicant that
the application and evidence submitted for licensure is satisfactory and accepted and that the
applicant has been admitted, or unsatisfactory and rejected; if rejected, the notice shall state
the reasons for the rejection.
Present law provides for applications for a specialist in school psychology. Proposed law
provides that upon investigation of the application, the board is to notify each applicant that
the application and evidence submitted for licensure is satisfactory and accepted and that the
applicant has been admitted, or unsatisfactory and rejected; if rejected, the notice shall state
the reasons for the rejection.
Proposed law authorizes the board of promulgate rules and regulations regarding
registration, supervision, renewal, scope and limitations of an assistant to psychologist.
Proposed law authorizes the board to issue a certificate of registration as an assistant to
psychologist to persons meeting certain criteria enumerated. Requires the board, prior to
issuance of a registration, to initiate a criminal background report from the La. Bureau of
Criminal Identification and Information. Proposed law does not authorize the following
activities by an assistant to psychologist:
(1)Engage in any activity or service defined as the independent practice of psychology
as defined in this Chapter.
(2)Work outside the supervisory relationship that is approved by the board through
registration.
(3)Render any diagnosis.
(4)Sign any evaluations or reports.
Proposed law requires that a supervising psychologist of record is administratively,
clinically, and legally responsible for all activities of the assistant to psychologist.
Authorizes an assistant to psychologist to dually register and provide services under the
direction of more than one supervising psychologists.
Proposed law provides for denial or revocation of a registration as an assistant to
psychologist. Provides for notification to the board if a supervisory relationship between a
psychologist of record and the assistant to psychologist terminates.
Authorizes the psychologist of record to submit a renewal application and renewal fee which
fee shall not exceed $75.
Proposed law, relative to assistants to psychologists, does not apply to medical psychologists
utilizing assistants under jurisdiction of the Louisiana State Board of Medical Examiners.
Proposed law requires that all proceedings in connection with any investigation by the board
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shall be conducted in closed session, and are exempt from the provisions of the Public
Meetings Law; all records in connection with any investigation by the board are confidential
and shall remain confidential and not be open for public inspection unless entered into the
record of any court and except as specifically provided by law.
Proposed law authorizes the board, any licensed psychologist, or any other person to initiate
a request for an investigation. Provides that a request for an investigation is receipt of
information by the board indicating grounds for disciplinary action.
Proposed law provides that a formal complaint is the pleading filed by the board, or its
designated complaints review committee, against a respondent, which pleading outlines facts
and legal reasons to support formal charges. Provides that service of the pleading marks the
completion of an investigation and represents the initiation of formal proceedings.
Proposed law provides that if the board, its designee, or complaints review committee
determines that a violation has occurred, or has obtained evidence or information that a
violation has occurred that is subject to a criminal investigation or penalties, the information
concerning the alleged violation shall be presented to the district attorney in whose district
the violation occurred, and shall aid in any criminal prosecution.
Effective August 1, 2020.
(Amends R.S. 37:2352, 2353(3), and (B), and (C), 2356(B) and (C), 2356.2(B), 2358, the
introductory paragraph of R.S. 37:2359(B), (B)(1), and (9), (D) through (G), and 2360(B);
adds R.S. 37:2353(A)(8), 2354(F) through (J), and 2355(C), 2356.3(A)(3), 2356.4, and
2359(C)(4) and (H) through (J))
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