reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 29 - Advisory Committee Meetings, Procedures, Records, Powers and Duties › Section LX-2905 - Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Three members of
				  the advisory committee shall constitute a quorum at any meeting or hearing for
				  the transaction of business.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 29 - Advisory Committee Meetings, Procedures, Records, Powers and Duties › Section LX-2907 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
				  committee shall develop such rules and regulations as it deems necessary to
				  effect the provisions of Act 1195 (Chapter 13,
				  R.S.
				  37:1101-1122). The board shall promulgate these
				  rules and regulations. The House and Senate Health and Welfare Committees shall
				  jointly approve these rules and regulations.
B. The advisory committee shall review
				  applications for examination, licensure, provisional licensure, and renewal for
				  recommended approval to the board. The advisory committee shall recommend to
				  the board to withhold, deny, revoke, or suspend any license or provisional
				  license of an applicant, or impose any other sanctions on licensed or
				  provisional licensed marriage and family therapists.
C. The advisory committee shall submit an
				  annual report to the board containing its professional actions during the year.
				  The advisory committee hereby adopts Robert's Rules of Order Revised as the
				  basis of its parliamentary decisions except as otherwise provided by advisory
				  committee rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 29 - Advisory Committee Meetings, Procedures, Records, Powers and Duties › Section LX-2909 - Code of Ethics

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
				  committee has adopted the Code of Ethics of the American Association for
				  Marriage and Family Therapy (AAMFT), including any revisions or additions
				  deemed appropriate or necessary by the board as recommended by advisory
				  committee. AAMFT has given its written permission to use its code of
				  ethics.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 29 - Advisory Committee Meetings, Procedures, Records, Powers and Duties › Section LX-2911 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
				  committee shall maintain records of pertinent matters relating to application,
				  licensure, and discipline. Registers of LMFT-approved supervisors and
				  LMFT-registered supervisor candidates and a register of licensed and
				  provisional licensed marriage and family therapists shall be made available to
				  the public.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 31 - License of Title for Marriage and Family Therapy › Section LX-3101 - License of Title for Marriage and Family Therapy

Current through Register Vol. 50, No. 6, June 20, 2024
A. As stated in
				  R.S.
				  37:1122(A), no person,
				  unless licensed as a marriage and family therapist, shall advertise as being a
				  "licensed marriage and family therapist" or hold themselves out to the public
				  or make use of any title, words, letters or abbreviations that may reasonably
				  be confused with the title "licensed marriage and family therapist."
B. As stated in
				  R.S.
				  37:1122(A), no person,
				  unless he/she holds a provisional license as a provisional licensed marriage
				  and family therapist, shall advertise as being a "provisional licensed marriage
				  and family therapist" or hold themselves out to the public or make use of any
				  title, words, letters or abbreviations that may reasonably be confused with the
				  title "provisional licensed marriage and family therapist."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 31 - License of Title for Marriage and Family Therapy › Section LX-3103 - Practice of Marriage and Family Therapy by Other Licensed Mental Health Professionals

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Nothing in this subpart shall be construed as prohibiting qualified members of
				  other professional groups including but not limited to clinical social workers,
				  psychiatric nurses, psychologists, physicians, licensed professional
				  counselors, or members of the clergy, including Christian science
				  practitioners, from doing or advertising that they perform work of a marriage
				  and family therapy nature consistent with the accepted standards of their
				  respective professions. No such person, however, shall use the title, or use
				  any words or abbreviations that may reasonably be confused with the title,
				  "licensed marriage and family therapist" or "provisional licensed marriage and
				  family therapist".
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 31 - License of Title for Marriage and Family Therapy › Section LX-3107 - Serious Mental Illness (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 33 - Requirements for Licensure and Provisional Licensure › Section LX-3301 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board upon recommendation of the marriage and family therapy advisory committee
				  shall license or provisionally license to practice all persons who present
				  satisfactory evidence of qualifications as specified in these rules and
				  regulations of the advisory committee. Such licensure shall be signed by the
				  chairman and vice chairman of the board and the chairman and vice chairman of
				  the advisory committee. No license or provisional license shall be denied any
				  applicant based upon the applicant's race, religion, creed, national origin,
				  sex, or physical impairment.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 33 - Requirements for Licensure and Provisional Licensure › Section LX-3303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Applicant
-any individual seeking licensure
					 or provisional licensure who has submitted an official application and paid the
					 application fee.
Client Contact Hour
-a 50-minute period a
					 therapist spends working face-to-face with an individual, couple, family, or
					 group.
Direct Client Contact
-face-to-face
					 (therapist and client) therapy with individuals, couples, families, and/or
					 groups from a relational perspective. Activities such as telephone contact,
					 case planning, observation of therapy, record keeping, travel, administrative
					 activities, consultation with community members or professionals, or
					 supervision, are not considered direct client contact. Assessments done
					 face-to-face and more than clerical in nature and focus may be counted as
					 direct client contact. Psychoeducation may be counted as
direct client
					 contact
.
Marriage and Family Therapist Intern
or
MFT Intern
-a person registered with the board who is receiving
					 MFT approved post-graduate supervision.
Supervision
-the professional relationship
					 between a supervisor and supervisee that promotes the development of
					 responsibility, skill, knowledge, and ethical standards in the practice of
					 marriage and family therapy. In addition to monitoring the student's supervised
					 face-to-face therapy with individuals, couples, families, and/or groups from a
					 systemic/relational perspective, the supervisor provides regular, face-to-face
					 guidance and instruction.
Supervision
may include, without
					 being limited to, the review of case presentations, audiotapes, videotapes, and
					 direct observation.
Supervision
will be distinguishable from
					 psychotherapy and teaching.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 33 - Requirements for Licensure and Provisional Licensure › Section LX-3305 - General Licensing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person desiring to obtain a license
				  or provisional license as a practicing marriage and family therapist shall make
				  application to the board upon such forms and completed in such manner as the
				  board prescribes, accompanied by such fee prescribed. An applicant shall
				  furnish evidence satisfactory to the board and the advisory committee that such
				  person:
1. is of good moral
				  character;
2. is not engaged or has
				  not engaged in any practice or conduct that would be grounds for refusing to
				  issue a license or provisional license;
3. is qualified for licensure or provisional
				  licensure pursuant to the requirements provided for in this Subpart.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 33 - Requirements for Licensure and Provisional Licensure › Section LX-3309 - Academic Requirements for MFT Licensure or Provisional Licensure [Formerly section 3311]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board,
				  upon recommendation of the advisory committee, shall provisionally license a
				  person for postgraduate clinical experience who applies on the required
				  application forms, completed as the board prescribes and accompanied by the
				  required fee. Additionally, applicants must meet one of the four following
				  academic options:
1. a master's or doctoral
				  degree in marriage and family therapy from a program accredited by the
				  Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE)
				  in a regionally accredited educational institution or a certificate in marriage
				  and family therapy from a post-graduate training institute accredited by
				  COAMFTE
2. a master's or doctoral
				  degree in marriage and family therapy or marriage and family counseling or a
				  related clinical mental health field from a program accredited by the Council
				  for Accreditation of Counseling and Related Educational Programs (CACREP) in a
				  regionally-accredited educational institution with a minimum of six courses in
				  marriage and family therapy, including coursework on the AAMFT code of
				  ethics.
3. a master's or doctoral
				  degree in marriage and family therapy or a related clinical mental health field
				  from a regionally accredited institution of higher education or a certificate
				  from a postgraduate training institute in marriage and family therapy.
				  Applicants with a school counseling degree would need to meet the requirements
				  in §3311 The
				  qualifying degree or certificate program must include coursework, practicum,
				  and internship in marriage and family therapy that is determined by the
				  advisory committee to be substantially equivalent to a graduate degree or
				  postgraduate certificate in marriage and family therapy from a program
				  accredited by COAMFTE.
4. a
				  master's degree or a doctoral degree in marriage and family therapy from a
				  regionally accredited institution of higher education whose program and
				  curriculum was approved by the board through the advisory committee at any time
				  prior to July 1, 2010.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 33 - Requirements for Licensure and Provisional Licensure › Section LX-3313 - Examination Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  examination for licensure shall be the national marriage and family therapy
				  examination as determined by the advisory committee. No other examination will
				  be accepted.
B. Applicants for
				  licensure are not eligible for examination until approved by the advisory
				  committee.
C. Passing scores on the
				  examination are determined by the testing agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 33 - Requirements for Licensure and Provisional Licensure › Section LX-3321 - Responsibilities of the LMFT Board-Approved Supervisor and Registered Supervisor Candidate

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				  Responsibilities
1. It is the primary
				  function of supervisors in their relationships with their supervisees to
				  protect the welfare of the public in every circumstance. Supervisors work with
				  the board and their supervisee to protect the right of every client to ethical,
				  professional treatment. Henceforth, any portion of the Rule that applies to
				  board-approved supervisors will also be considered to apply to supervisor
				  candidates except where specifically noted.
a. The supervisor shall maintain a current
				  knowledge of and represent accurately to supervisees and to the public the
				  process of qualification of PLMFTs for licensure.
b. The supervisor shall manage all
				  information pertaining to the clients of the supervisee with the same level of
				  confidentiality mandated in this Rule for licensed marriage and family
				  therapists as in their interaction with their own clients.
c. The supervisor shall, to the best of his
				  ability and knowledge, address in an accurate, timely fashion any reasonable
				  question or concern directed to the supervisor by clients of the supervisee
				  about the professional status of the supervisee or the quality of care being
				  provided to the client by the supervisee.
d. In the event that the client of an
				  supervisee makes a complaint or provides information to the supervisor that the
				  supervisee may have committed a breach of the minimum standards of client care
				  provided in this Rule resulting in harm or potential harm to the client, it is
				  the responsibility of the supervisor to provide corrective feedback to the
				  supervisee, warn the client of potential risk, and report the actions of the
				  supervisee to the board in accordance with advisory committee
				  policy.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 35 - Renewal of License for Licensed Marriage and Family Therapists › Section LX-3501 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licenses
				  shall be renewed every two years. The licensee shall submit an application form
				  and payment of the renewal fee. Renewals must be postmarked no later than
				  December 31. Upon approval by the advisory committee, the board shall issue a
				  document renewing the license for two years.
B. A license not renewed shall lapse December
				  31. To renew a lapsed license, the licensee must pay all fees in arrears and
				  provide documentation of the continuing education requirements. A lapsed
				  license not renewed within two years will expire and the individual must
				  re-apply under the current rules for licensure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 37 - Endorsement and Expedited Processing › Section LX-3701 - Endorsement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  recommendation of the board and Marriage and Family Therapy Advisory Committee,
				  the board shall issue a license to any person who has been licensed as a
				  marriage and family therapist and has actively practiced marriage and family
				  therapy for at least five years in another jurisdiction. The applicant must
				  submit an application on forms prescribed by the board in the prescribed manner
				  and pay the required licensure fee. An applicant must submit documentation of
				  at least 40 CEHs, in accordance with the requirements listed in Chapter 35,
				  within two years of the date of application for licensure endorsement in
				  Louisiana. An applicant must also be in good standing in all jurisdictions in
				  which they are licensed and must not have been disciplined in any jurisdiction
				  for an act that would have constituted grounds for refusal, suspension, or
				  revocation of a license to practice marriage and family therapy in the state of
				  Louisiana at the time the act was committed.
B. Upon recommendation of the board and
				  marriage and family therapy advisory committee, the board shall issue a license
				  to any person licensed as a licensed as a marriage and family therapist for
				  less than five years in another jurisdiction whose requirements for the license
				  are substantially equivalent to or exceed the requirements of the state of
				  Louisiana. The applicant must submit an application on forms prescribed by the
				  board in the prescribed manner and pay the required licensure fee. Applicants
				  must also provide proof of having passed the Association of Marital and Family
				  Therapy Regulatory Board's examination in marital and family therapy or an
				  examination that would be substantially equivalent, as determined by the
				  Marriage and Family Therapy Advisory Committee. An applicant must also be in
				  good standing in all jurisdictions in which they are licensed and must not have
				  been disciplined in any jurisdiction for an act that would have constituted
				  grounds for refusal, suspension, or revocation of a license to practice
				  marriage and family therapy in the state of Louisiana at the time the act was
				  committed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 37 - Endorsement and Expedited Processing › Section LX-3703 - Expedited Processing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board does not issue temporary practice permits; however, expedited application
				  processing is available. The applicant must submit the completed application
				  (i.e. for licensure, registration, etc.), expedited processing application, and
				  the required fee. Upon receipt of the aforementioned items, the applicant will
				  receive a response from a board staff member within five business days
				  informing the applicant of the status of their application. If the application
				  materials submitted do not contain all of the necessary documents to complete
				  the application, the application will be reviewed on the following application
				  review date and the expedited processing application fee will not be
				  refunded.
B. All applicants whom
				  board staff determines should be denied or reviewed by the board must be
				  presented to the board at the next regularly scheduled board meeting.
				  Therefore, a verdict of denial may not be achieved within five business days of
				  receipt of all application materials for expedited processing. Those applicants
				  whom board staff determines should be approved will receive notification of
				  approval within five business days.
C. Military personnel (active duty and
				  veterans honorably discharged within 5 years of the application date) and their
				  spouses who are appropriately licensed in another jurisdiction will receive a
				  status update from the board within 30 days pertaining to approval or denial of
				  the application. Such applicants must provide proof of military status via DD
				  Form 214 as part of the completed application.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3901 - Causes for Administrative Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, upon recommendation of the
				  advisory committee, after due notice and hearing as set forth herein and the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et seq., may withhold, deny, revoke or
				  suspend any license or provisional license issued or applied for or otherwise
				  discipline a licensed marriage and family therapist or provisional licensed
				  marriage and family therapist on a finding that the person has violated R.S.
				  37: 1101-1123, any of the rules, regulations, and ethical standards for
				  marriage and family therapy promulgated by the board for the advisory
				  committee, or prior final decisions and/or consent orders involving the
				  licensed marriage and family therapist, provisional licensed marriage and
				  family therapist, or applicant for licensure or provisional licensure.
				  Additionally, the board, upon recommendation of the advisory committee, may
				  withhold, deny, revoke, or suspend any license or provisional license issued or
				  applied for, or otherwise discipline or a LMFT or PLMFT as provided by other
				  applicable state or federal laws, including but not limited to the following
				  violations:
1. failure to pay court-ordered
				  child support (R.S. 37:2952 et
				  seq.);
2. failure to pay certain
				  student loans (R.S. 37:2951 et
				  seq.);
3. failure to report
				  suspected cases of child abuse or neglect (R.S.
				  14:403 et seq.);
4. failure to report suspected cases of abuse
				  of the elderly (R.S. 14:403.2 et seq.);
5. failure to maintain patient records as
				  required by law (R.S. 40:1299.96 et
				  seq.).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3903 - Disciplinary Process and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of the following rules and
				  regulations is to supplement and effectuate the applicable provisions of the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et seq., regarding the disciplinary
				  process and procedures incident thereto. These rules and regulations are not
				  intended to amend or repeal the provisions of the Administrative Procedure Act,
				  and to the extent any of these rules and regulations are in conflict therewith,
				  the provisions of the Administrative Procedure Act shall govern.
B. A disciplinary proceeding, including the
				  formal hearing, is less formal than a judicial proceeding. It is not subject to
				  strict evidentiary rules and technicalities, but must be conducted in
				  accordance with considerations of fair play and constitutional requirements of
				  due process.
C. The purpose of a
				  disciplinary proceeding is to determine contested issues of law and fact;
				  whether the person did certain acts or omissions and, if he did, whether those
				  acts or omissions violated the Louisiana Mental Health Counselor Licensing Act,
				  the rules and regulations and ethical standards for licensed marriage family
				  therapy promulgated by the board for the advisory committee, or prior final
				  decisions and/or consent orders involving the licensed marriage and family
				  therapist, provisional licensed marriage and family therapist, or applicant for
				  licensure or provisional licensure and to determine the appropriate
				  disciplinary action.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3907 - Informal Disposition of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, upon recommendation of the
				  disciplinary committee and the person accused of a violation, may settle some
				  complaints informally without a formal hearing. The disciplinary committee
				  shall guide cases through any informal process, and, failing resolution, may
				  recommend a formal hearing. The following types of informal dispositions may be
				  utilized.
1. Disposition by Correspondence.
				  For less serious complaints, the disciplinary committee may write to the person
				  explaining the nature of the complaint received. The person's subsequent
				  response may satisfactorily explain the situation, and the matter may be
				  dropped. If the situation is not satisfactorily explained, it shall be pursued
				  through an informal conference or formal hearing.
2. Informal Conference
a. The disciplinary committee may hold a
				  conference with the person in lieu of, or in addition to, correspondence in
				  cases of less serious complaints. If the situation is satisfactorily explained
				  in conference, a formal hearing is not scheduled.
b. The person shall be given adequate notice
				  of the conference, of the issues to be discussed, and of the fact that
				  information brought out of the conference may later be used in a formal
				  hearing.
3. Settlement.
				  An agreement worked out between the person making the complaint and the person
				  accused of a violation does not preclude disciplinary action by the board. The
				  board must consider the nature of the alleged offense and the evidence before
				  it.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3909 - Formal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  upon recommendation of the disciplinary committee has the authority, granted by
				  R.S.
				  37:1101 et seq., to bring administrative
				  proceedings against persons to whom it has issued a license or provisional
				  license upon recommendation of the advisory committee to practice as a licensed
				  marriage and family therapist, provisional licensed marriage and family
				  therapist, or any applicant requesting a license or provisional license. The
				  person has the right to:
1. appear and be
				  heard, either appearing alone or with counsel;
2. the right of notice;
3. a statement of what accusations have been
				  made;
4. the right to present
				  evidence and to cross-examine; and
5. the right to have witnesses
				  subpoenaed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3911 - Consent Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				  issue an order involving some type of disciplinary action with the consent of
				  the person. A consent order requires a simple majority of the board. This
				  consent order is not the result of the board's deliberation, but rather the
				  board's acceptance upon recommendation of disciplinary committee to the board
				  of an agreement reached between the board's agents and the person. The board
				  issues the consent order to carry out the parties' agreement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3913 - Withdrawal of a Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  complainant wishes to withdraw the complaint, the inquiry is terminated, except
				  in cases where the board judges the issues to be of such importance as to
				  warrant completing the investigation in its own right and in the interest of
				  public welfare.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3915 - Refusal to Respond or Cooperate with the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the person does not respond to the
				  original inquiry within a reasonable period of time as requested by the board,
				  a follow-up letter shall be sent to the person by certified, restricted
				  delivery mail.
B. If the person
				  refuses to reply to the board's inquiry or otherwise cooperate with the board,
				  the board shall continue its investigation. The board shall record the
				  circumstances of the person's failure to cooperate and shall inform the person
				  that the lack of cooperation may result in action by the board that could
				  eventually lead to the withholding, denial, revocation or suspension of his/her
				  license, provisional license, or application for licensure or provisional
				  licensure, or otherwise issue appropriate disciplinary sanction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3917 - Judicial Review of Adjudication

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person whose license, provisional
				  license, or application for licensure or provisional licensure, has been
				  withheld, denied, revoked or suspended or otherwise disciplined by the board
				  shall have the right to have the proceedings of the board reviewed by the 19th
				  Judicial District Court for the parish of East Baton Rouge, provided that such
				  petition for judicial review is filed within 30 days after receipt of the
				  notice of the decision of the board. If judicial review is granted, the board's
				  decision remains enforceable in the interim unless the 19th Judicial District
				  Court orders a stay. Pursuant to the applicable section of the Louisiana
				  Administrative Procedure Act,
				  R.S.
				  49:950 et seq., this appeal shall be taken as
				  in any other civil case.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3919 - Further Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				  aggrieved by any final judgment rendered by the state district court may obtain
				  a review of said final judgment by appeal to the appropriate circuit court of
				  appeal.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3921 - Reinstatement of Suspended or Revoked License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is authorized to suspend the
				  license of a licensed marriage and family therapist and the license of a
				  provisional licensed marriage and family therapist for a period not exceeding
				  two years. At the end of this period, the board shall re-evaluate the
				  suspension and may reinstate or revoke the license or provisional license. A
				  person whose license or provisional license has been revoked may apply for
				  reinstatement after a period of not less than two years from the date such
				  denial or revocation is legally effective.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3923 - Declaratory Statements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board upon recommendation of the advisory committee may issue a declaratory
				  statement in response to a request for clarification of the effect of the
				  provisions contained in the Louisiana Mental Health Counselor Licensing Act,
				  R.S.
				  37:1101 et seq., the rules, regulations, and
				  ethical standards promulgated by the board for the advisory committee.
1. A request for declaratory statement is
				  made in the form of a petition to the advisory committee. The petition should
				  include at least:
a. the name and address of
				  the petitioner;
b. specific
				  reference to the statute, rule and regulation, or provision of the code of
				  ethics to which the petitioner relates; and
c. a concise statement of the manner in which
				  the petitioner is aggrieved by the statute, rules and regulations, or ethical
				  standards by its potential application to him in which he is uncertain of its
				  effect.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3925 - Injunction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board upon
				  recommendation of the advisory committee may, through the Louisiana attorney
				  general, apply for an injunction in any court of competent jurisdiction to
				  enjoin any person from committing any act declared to be a misdemeanor by R.S.
				  37, Chapter 13.
B. If it is
				  established that the defendant has been or is committing an act declared to be
				  a misdemeanor by R.S. 37,Chapter 13, the court, may enter a decree enjoining
				  the defendant from further committing such act.
C. In case of violation of any injunction
				  issued under the provision of §1325, a court, or any judges thereof, may
				  summarily try and punish the offender for contempt of court.
D. Such injunctive proceedings shall be in
				  addition to, and not in lieu of, all other penalties and other remedies
				  provided in R.S. 37, Chapter 13.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 39 - Disciplinary Proceedings › Section LX-3927 - Disciplinary Costs and Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board may assess and collect fines not to exceed five thousand dollars for
				  violation of any causes for administrative action as specified in Section
				  3901
B. The board may assess all
				  costs incurred in connection with disciplinary proceedings including but
				  limited to the costs of an investigator, stenographer, legal fees, or witness
				  fees, and any costs and fees incurred by the board on any judicial review or
				  appeal, for any licensee who has been found in violation of any causes for
				  administrative action as specified in 3901.
C. After the decision of the board becomes
				  final and delays for judicial review have expired, all costs and fees must be
				  paid no later than 90 days or within a time period specified by
				  board.
D. The board may withhold
				  any issuance or reissuance of any license or certificate until all costs and
				  fees are paid.
E. A person
				  aggrieved by a final decision of the board who prevails upon judicial review
				  may recover reasonable costs as defined in
				  R.S.
				  37:1106(D)(2).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 41 - Informed Consent › Section LX-4101 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Licensees obtain appropriate informed consent to therapy or related procedures
				  before the formal therapeutic process begins. Information provided to clients
				  by licensees about the treatment process shall include, but is not limited to,
				  the licensees statement of practice as outlined in the appendix (§4720).
				  The licensee should be sure that the client understands all information
				  provided before asking for consent to treatment. The content of informed
				  consent may vary depending on the client and treatment plan; however, informed
				  consent generally necessitates that the client:
1. has the capacity to consent;
2. has been adequately informed of the
				  ethical and practical components of treatment processes and procedures,
				  including but not limited to, the use of audio or video taping, or the use of
				  observers, supervisors, or therapy teams during therapy;
3. has been adequately informed of potential
				  therapy outcomes, including the risks and benefits of treatment, not only for
				  recognized approaches, but also for approaches for which generally recognized
				  standards do not yet exist;
4. has
				  freely and without undue influence expressed consent; and
5. has provided consent that is appropriately
				  documented.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 43 - Privileged Communications › Section LX-4301 - Privileged Communication with Clients

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees disclose to clients and other
				  interested parties, as early as feasible in their professional contacts, the
				  nature of confidentiality in the therapeutic process and possible limitations
				  of the clients' right to confidentiality. Licensees review with clients the
				  circumstances where confidential information may be requested and where
				  disclosure of confidential information may be legally required. Circumstances
				  may necessitate repeated disclosures. Licensees also shall be aware of specific
				  ethical requirements concerning marriage and family therapy as specified in the
				  Code of Ethics (Chapter 47) and in
				  §4301
				  C
B. Licensees do not disclose
				  client confidences except by written authorization or waiver, court order, or
				  where mandated or specifically permitted by law, or reasonably necessary to
				  protect the client or other parties from a clear and imminent threat of serious
				  physical harm. Verbal authorization may be sufficient in emergency situations
				  or where otherwise permitted by law.
C. Licensees shall be cognizant of and adhere
				  to any confidentiality requirement that may differ from requirements in other
				  licenses they hold. Licensees have unique confidentiality concerns because the
				  client in a therapeutic relationship may be more than one person. Licensees
				  respect and guard the confidences of each individual client within the system
				  of which they are working as well as the confidences of the system.
1. When providing couple, family, or group
				  treatment, a licensee shall not disclose information outside the treatment
				  context without a written authorization from each individual competent to
				  execute a waiver.
2. In the context
				  of couple, family, or group treatment, the licensee may not reveal any
				  individual's confidences to others in the client unit without the prior written
				  permission of that individual.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 45 - Exemptions › Section LX-4501 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				  be required to obtain a license as a licensed marriage and family therapist or
				  a provisional license as a provisional licensed marriage and family therapist.
				  As stated in
				  R.S.
				  37:1122(A), no person shall
				  use of the title "licensed marriage and family therapist" or "provisional
				  licensed marriage and family therapist".
B. Nothing in this Chapter shall prevent
				  qualified members of other professional groups as defined by the board upon
				  recommendation of the advisory committee including but not limited to clinical
				  social workers, psychiatric nurses, psychologists, physicians, licensed
				  professional counselors, or members of the clergy, including Christian science
				  practitioners, from doing or advertising that they perform work of a marriage
				  and family therapy nature consistent with the accepted standards of their
				  respective professions. However, no such person shall use the title "licensed
				  marriage and family therapist" or "provisional licensed marriage and family
				  therapist". (R.S. 37:1121).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.