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:
(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:
(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 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 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))