reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1309 - Formal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  has the authority, granted by
				  R.S.
				  37:1101 et seq., to bring administrative
				  proceedings against persons to whom it has issued a license to practice as a
				  licensed professional counselor, or provisional license as a provisional
				  licensed professional counselor, 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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1311 - Consent Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. An order
				  involving some type of disciplinary action may be made by the board with the
				  consent of the person. A consent order requires formal consent of 6 of 11
				  members of the board. It is not the result of the board's deliberation; it is
				  the board's acceptance of an agreement reached between the board and the
				  person. The consent order is issued by the board 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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1313 - 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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1315 - 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 mail, return
				  receipt requested.
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 which 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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1317 - 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 state
				  district court for the parish of East Baton Rouge, provided that such petition
				  for judicial review is made within 30 days after the notice of the decision of
				  the board. If judicial review is granted, the board's decision is enforceable
				  in the interim unless the court orders a stay.
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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1319 - 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. Pursuant to the applicable section of the 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.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1321 - Reinstatement of Suspended or Revoked License or Provisional License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is
				  authorized to suspend the license of a licensed professional counselor and the
				  provisional license of a provisional licensed professional counselor for a
				  period not exceeding two years. At the end of this period, the board shall
				  re-evaluate the suspension and may recommend to the chair the reinstatement or
				  revocation of 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. The board may, upon favorable action by a majority of the board
				  members present and voting, recommend such reinstatement.
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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1323 - Declaratory Statements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board 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 and regulations
				  promulgated by the board and/or the Code of Ethics of the American Counseling
				  Association.
1. A request for declaratory
				  statement is made in the form of a petition to the board. 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 statue, rules and regulations, or provision
				  of the code of ethics by its potential application to him or her in which he or
				  she is uncertain of its effect.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1325 - Injunction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may,
				  through the attorney general of the state of Louisiana, apply for an injunction
				  in any court of competent jurisdiction to enjoin any person from committing any
				  act declared to be a misdemeanor by this Chapter, any rules and regulations
				  adopted by the board, and any codes of ethics adopted by the board.
B. If it is established that the defendant
				  has been or is committing an act in violation of this Chapter or of any rules
				  or regulations adopted pursuant to this Chapter, including any codes of ethics
				  adopted by the board, the court, or any judge thereof, shall enter a decree
				  enjoining said defendant from further committing such act.
C. In case of violation of any injunction
				  issued under the provision of this Section, this 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 penalties and other remedies provided in
				  this Chapter.
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 1 - Licensed Professional Counselors › Chapter 13 - Disciplinary Proceedings for Licensed Professional Counselors › Section LX-1327 - 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
				  1301
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 1301.
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 ninety 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 1 - Licensed Professional Counselors › Chapter 15 - Privileged Communication for Licensed Professional Counselors and Provisional Licensed Professional Counselors › Section LX-1501 - Privileged Communications with Clients

Current through Register Vol. 50, No. 6, June 20, 2024
A. The confidential relations and
				  communications between a licensee and client are placed upon the same basis as
				  those provided by statute between an attorney and client. Nothing in these
				  rules shall be construed to require that any such privileged communication be
				  disclosed.
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 1 - Licensed Professional Counselors › Chapter 15 - Privileged Communication for Licensed Professional Counselors and Provisional Licensed Professional Counselors › Section LX-1503 - Privileged Communication between Health Care Provider and Patient

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  13:3734(A)(1), states that
health care provider
means a hospital, as defined in
				  R.S.
				  40:2102, hereof, and means a person,
				  corporation, facility, or institution licensed by the state to provide health
				  care or professional services as a physician, hospital, dentist, registered or
				  licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor,
				  physical therapist, psychologist, or licensed professional counselor and an
				  officer, employee, or agent thereof acting in the course and scope of his
				  employment.
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 1 - Licensed Professional Counselors › Chapter 15 - Privileged Communication for Licensed Professional Counselors and Provisional Licensed Professional Counselors › Section LX-1505 - Client Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state of
				  Louisiana requires adult client records be maintained a minimum of six years
				  according to
				  R.S.
				  40:1299.41. Client records for minors must be
				  maintained a minimum of seven years past the age of majority.
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 1 - Licensed Professional Counselors › Chapter 17 - Exclusions for Licensed Professional Counselors › Section LX-1701 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  persons and their activities are exempted from the licensing requirements of
				  R.S.
				  37:1101-1122 and these rules.
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 1 - Licensed Professional Counselors › Chapter 17 - Exclusions for Licensed Professional Counselors › Section LX-1703 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A certified
				  school counselor who meets the standards prescribed by the State Department of
				  Education and the board of Elementary and Secondary Education, while practicing
				  school counseling within the scope of his employment by a board of education or
				  by a private school. Nothing herein shall be construed to allow such persons to
				  render mental health counseling services to the public unless they have also
				  been licensed under the provisions of
				  R.S.
				  37:1107.
B. Repealed.
C. Students at any accredited education
				  institution shall be supervised by a professional mental health counselor while
				  carrying out any fieldwork prescribed through coursework. Such students shall
				  clearly indicate his/her student status to the public and the field in which
				  he/she is being trained.
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 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2101 - Preamble

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Licensed Professional Board of Examiners is dedicated to the enhancement of the
				  worth, dignity, potential and uniqueness of each individual in the state of
				  Louisiana.
B. Specification of a
				  code of conduct enables the board to clarify to present and future licensees
				  and to those served by licensees the responsibilities held in common by persons
				  practicing mental health counseling.
C.
Mental Health Counseling
- assisting an individual or group through psychotherapy by rendering or
				  offering prevention, assessment, diagnosis, and treatment, which includes
				  psychotherapy of mental, emotional, behavioral, and addiction disorders. This
				  professional relationship empowers diverse individuals, families, and groups to
				  accomplish mental health, wellness, education, and career goals.
D. The existence of this code of conduct
				  serves to govern the practice of mental health counseling and the professional
				  functioning of licensed professional counselors and provisional licensed
				  professional counselors in the state of Louisiana.
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 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2105 - Confidentiality, Privileged Communication, and Privacy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees recognize that trust is a
				  cornerstone of the counseling relationship. Licensees aspire to earn the trust
				  of clients by creating an ongoing partnership, establishing and upholding
				  appropriate boundaries, and maintaining confidentiality. Licensees communicate
				  the parameters of confidentiality in a culturally competent manner.
1. Respecting Client Rights
a. Multicultural/Diversity Considerations.
				  Licensees maintain awareness and sensitivity regarding cultural meanings of
				  confidentiality and privacy. Licensees respect differing views toward
				  disclosure of information. Licensees hold ongoing discussions with clients as
				  to how, when, and with whom information is to be shared.
b. Respect for Privacy. Licensees shall
				  respect their clients' right to privacy and avoid legal and unwarranted
				  disclosures of confidential information.
c. Respect for Confidentiality. Licensees do
				  not share confidential information without client consent. The right to privacy
				  may be waived by the client or their legally recognized
				  representative.
d. Explanation of
				  Limitations. At initiation and throughout the counseling process, licensees
				  inform clients of the limitations of confidentiality and seek to identify
				  foreseeable situations in which confidentiality must be breached.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2107 - Professional Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Licensees aspire to open, honest, and accurate communication in dealing with
				  the public and other professionals. They practice in a non-discriminatory
				  manner within the boundaries of professional and personal competence and have a
				  responsibility to abide by the code of conduct and standards of practice.
				  Licensees actively participate in local, state, and national associations that
				  foster the development and improvement of counseling. Licensees advocate to
				  promote change at the individual, group, institutional, and societal levels
				  that improves the quality of life for individuals and groups and remove
				  potential barriers to the provision or access of appropriate services being
				  offered. Licensees have a responsibility to the public to engage in counseling
				  practices that are based on rigorous research methodologies. In addition,
				  licensees engage in self-care activities to maintain and promote their
				  emotional, physical, mental, and spiritual well-being to best meet their
				  professional responsibilities.
1. Knowledge
				  of Standards
a. Licensees have a
				  responsibility to read, understand, and follow the code of conduct and
				  standards of practice and adhere to applicable laws and regulations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2111 - Evaluation, Appraisal, and Interpretation

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. Appraisal Techniques. The primary purpose
				  of appraisal (henceforth known as "appraisal") is to provide measures that are
				  objective and interpretable in either comparative or absolute terms. Licensees
				  shall recognize the need to interpret the statements in this Section as
				  applying to the whole range of appraisal techniques, including test and
				  non-test data. Licensees shall recognize their legal parameters in utilizing
				  formalized appraisal techniques and adhere to such.
2. Client Welfare. Licensees shall promote
				  the welfare and best interests of the client in the development, publication
				  and utilization of appraisal techniques. They shall not misuse appraisal
				  results and interpretations and shall take reasonable steps to prevent others
				  from misusing the information these techniques provide. They shall respect the
				  client's right to know the result, the interpretations made, and the bases for
				  their conclusions and recommendations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2113 - Supervision, Training, and Teaching

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees aspire to foster meaningful and
				  respectful professional relationships and to maintain appropriate boundaries
				  with supervisees and students. Licensees have theoretical and pedagogical
				  foundations for their work and aim to be fair, accurate, and honest in their
				  assessments of counselors-in-training.
1.
				  Provisional Licensed Professional Counselor Supervision and Client Welfare
a. Client Welfare. A primary obligation of
				  counseling supervisors is to monitor the services provided by other licensees
				  or counselors-in-training. Counseling supervisors monitor client welfare and
				  supervisee clinical performance and professional development. To fulfill these
				  obligations, supervisors meet regularly with supervisees to review case notes,
				  samples of clinical work, or live observations. Supervisees have a
				  responsibility to understand and follow the code of conduct and standards of
				  practice.
b. Provisional Licensed
				  Professional Counselor Credentials. Counseling supervisors work to ensure that
				  clients are aware of the qualifications of the supervisees who render services
				  to the clients.
c. Informed Consent
				  and Client Rights. Supervisors make supervisees aware of client rights
				  including the protection of client privacy and confidentiality in the
				  counseling relationship. Supervisees provide clients with professional
				  disclosure information and inform them of how the supervision process
				  influences the limits of confidentiality. Supervisees make clients aware of who
				  will have access to records of the counseling relationship and how these
				  records will be used.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2115 - Research and Publication

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Licensees who conduct research are encouraged to contribute to the knowledge
				  base of the profession and promote a clearer understanding of the conditions
				  that lead to a healthy and more just society. Licensees support efforts of
				  researchers by participating fully and willingly whenever possible. Licensees
				  minimize bias and respect diversity in designing and implementing research
				  programs.
1. Research Responsibilities
a. Use of Human Research Participants.
				  Licensees plan, design, conduct, and report research in a manner that is
				  consistent with pertinent ethical principles, federal and state laws, host
				  institutional regulations, and scientific standards governing research with
				  human research participants.
b.
				  Deviation from Standard Practice. Licensees seek consultation and observe
				  stringent safeguards to protect the rights of research participants when a
				  research problem suggests a deviation from standard or acceptable
				  practices.
c. Independent
				  Researchers. When independent researchers do not have access to an
				  institutional review board (IRB), they should consult with researchers who are
				  familiar with IRB procedures to provide appropriate safeguards.
d. Precautions to Avoid Injury. Licensees who
				  conduct research with human participants are responsible for the welfare of
				  participants throughout the research process and should take reasonable
				  precautions to avoid causing injurious psychological, emotional, physical, or
				  social effects to participants.
e.
				  Principal Researcher Responsibility. The ultimate responsibility for ethical
				  research practice lies with the principal researcher. All others involved in
				  the research activities share ethical obligations and responsibility for their
				  own actions.
f. Minimal
				  Interference. Licensees take reasonable precautions to avoid causing
				  disruptions in the lives of research participants that could be caused by their
				  involvement in research.
g.
				  Multicultural/Diversity Considerations in Research. When appropriate to
				  research goals, licensees are sensitive to incorporating research procedures
				  that take into account cultural considerations. They seek consultation when
				  appropriate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 21 - Code of Conduct for Licensed Professional Counselors › Section LX-2117 - Resolving Ethical Issues

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Licensees behave in a legal, ethical, and moral manner in the conduct of their
				  professional work. They are aware that client protection and trust in the
				  profession depend on a high level of professional conduct. They hold other
				  licensees to the same standards and are willing to take appropriate action to
				  ensure that these standards are upheld. Licensees strive to resolve ethical
				  dilemmas with direct and open communication among all parties involved and seek
				  consultation with colleagues and supervisors when necessary. Licensees
				  incorporate ethical practice into their daily professional work. They engage in
				  ongoing professional development regarding current topics in ethical and legal
				  issues in counseling.
1. Standards and the Law
a. Knowledge. Licensees understand the ACA
				  code of conduct and other applicable ethics codes from other professional
				  organizations or from certification and licensure bodies of which they are
				  members. Lack of knowledge or misunderstanding of an ethical responsibility is
				  not a defense against a charge of unethical conduct.
b. Conflicts between Ethics and Laws. If
				  ethical responsibilities conflict with law, regulations, or other governing
				  legal authority, licensees make known their commitment to the code of conduct
				  and standards of practice and take steps to resolve the conflict. If the
				  conflict cannot be resolved by such means, licensees may adhere to the
				  requirements of law, regulations, or other governing legal authority.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Licensed Professional Counselors Board of Examiners recognizes that impairments
				  in the functioning of persons licensed or provisionally licensed, to practice
				  as licensed professional counselors, provisional licensed professional
				  counselors, licensed marriage and family therapists, or provisional licensed
				  marriage and family therapists can affect the competent delivery of mental
				  health counseling and marriage and family therapy, and impair professional
				  judgment.
B. Therefore, in order
				  to safeguard the public health, safety, and welfare of the people of this
				  state, as mandated by
				  R.S.
				  37:1102 et seq
.
, the
				  Licensed Professional Counselors Board of Examiners establishes the
				  Professional Assistance Program. Authority for such program is contained at
				  R.S.
				  37:1110 and 37:1120. This program is
				  sometimes referred to hereafter as the "Professional Assistance Program", or
				  "PAP".
AUTHORITY
					 NOTE:Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2305 - Program Implementation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  program shall be administered by the board's Professional Assistance Committee,
				  subject to overall supervision and control by the board. The board may utilize
				  its discretionary authority to require or exclude specific components of this
				  program for participants based on determination of the nature and severity of
				  the impairment. Participation in the Professional Assistance Program may
				  consist of all or part of the following components.
1. The program participant may be required to
				  submit to an assessment relative to the impairment.
a. This assessment will be completed by a
				  licensed mental health professional who is pre-approved by the board.
b. The format and content of this assessment
				  will meet the requirements designated by the board, but will at a minimum
				  contain information concerning:
i. previous
				  inpatient/outpatient treatment episodes;
ii. relapse history;
iii. an assessment of the participant's
				  psychosocial, physical, psychiatric, and other needs, relative to the
				  impairment, and recommendations for future treatment.
c. The participant shall contact the
				  designated mental health professional within 48 hours to schedule an
				  evaluation, which should be scheduled within 72 hours. To the extent
				  practicable, the assessment will then be forwarded to the board by the
				  professional completing the assessment, no later than 72 hours following the
				  completion of the assessment.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2307 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notification of
				  a violation of the terms or conditions of this agreement, consent order or
				  adjudication order may result in the immediate suspension of the participants
				  license or provisional license to practice in the state of Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2309 - Costs and Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The participant
				  shall be responsible for all fees and costs incurred in complying with the
				  terms of this agreement, including but not limited to therapy, assessments,
				  supervision, drug/alcohol screens, and reproduction of treatment or other
				  records. By agreeing to participate in the professional assistance program, the
				  participant agrees to be solely responsible for all such costs or
				  expenses.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2311 - Acceptance of Terms; Program Agreement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The participant must submit to the board a
				  notarized agreement indicating acceptance of the required conditions of
				  participation in the professional assistance program as mandated by the board,
				  along with all initial (or updated) releases or authorizations for the board or
				  its designees to obtain information concerning the participants participation
				  and progress in the program. Such agreement shall also delineate requirements
				  for release from the program, including but not limited to certification of
				  completion by treatment providers, written evidence of full compliance with the
				  program agreement, and two written reports attesting to the participants
				  current mental status to be submitted by mental health professionals approved
				  by the board. The program agreement shall also state that the board may monitor
				  the participant for up to two years following program completion. This
				  agreement and the required release and authorizations must be submitted prior
				  to the issuance of any initial license or provisional license or re-issuance of
				  a renewal of a license or provisional license.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2313 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board will,
				  to the full extent permissible, under
				  R.S.
				  44:4 et seq., maintain an agreement or
				  consent order relating to the participants participation in the professional
				  assistance program as a confidential matter. The board retains the discretion
				  to share information it deems necessary with those persons providing
				  evaluation/assessment, therapy, treatment, supervision, monitoring or
				  drug/alcohol testing or reports. Violation of any terms, conditions, or
				  requirements contained in any consent order, or board decision can result in a
				  loss of the participants license or provisional license.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 23 - Licensed Professional Counselor, Licensed Marriage and Family Therapist, Provisional Licensed Professional Counselor, Provisional Licensed Marriage and Family Therapist Professional Assistance Program › Section LX-2315 - Recusal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any board
				  members or professional assistance program committee members who participate in
				  any manner in any particular professional assistance program case shall recuse
				  themselves from voting in any subsequent application or disciplinary matter
				  involving the licensed or provisional licensed professional counselor or
				  licensed or provisional licensed marriage and family therapist who is the
				  subject of such professional assistance program case.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.
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 27 - General Provisions › Section LX-2701 - Statement of Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. "The
				  legislature does further hereby find and declare that marriage and family
				  therapy in this state is a professional practice which affects the public
				  safety and welfare of the citizens of the state and requires appropriate
				  regulation and control in the public interest. It is a purpose of this Chapter
				  to establish a regulatory structure and procedures that will ensure that the
				  public is protected from the unprofessional, improper, unauthorized, and
				  unqualified practice of marriage and family therapy" (R.S.
				  37:1102).
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 27 - General Provisions › Section LX-2703 - Statutory Authority of the Marriage and Family Therapy Advisory Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Marriage and
				  Family Therapy Advisory Committee was created and empowered by Act 1195 of the
				  2001 Legislature to provide for the regulation of the use of the title
				  "licensed marriage and family therapist" (R.S.
				  37:1101-1122). Therefore, the Louisiana Licensed
				  Professional Counselors Board of Examiners, hereafter referred to as the board,
				  establishes the Marriage and Family Therapy Advisory Committee as directed by
				  the 2001 Legislature. Act 484 of the 2014 Legislative Session empowered the
				  board to provide regulation of the practice and use of the titles "provisional
				  licensed professional counselor" and "provisional licensed marriage and family
				  therapist". The Marriage and Family Therapy Advisory Committee shall develop
				  the rules and regulations herein pursuant to the authority granted to, and
				  imposed upon, said advisory committee under the provisions of the
Louisiana Revised Statutes
, title 37, chapter 13,
				  §1101-1123 The Health and Welfare Committees in the House and Senate shall
				  jointly approve these rules and regulations. The board shall promulgate these
				  rules and regulations [R.S. 37: 1104(B)(2)(b)]. The board shall approve,
				  revoke, suspend, and renew the license of applicants for licensure as licensed
				  marriage and family therapists and the provisional license of applications for
				  provisional licensure as provisional licensed marriage and family therapists
				  upon recommendation of the Marriage and Family Therapy Advisory Committee
				  [R.S.
				  37:1105(G)].
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 27 - General Provisions › Section LX-2705 - Description of Organization

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Marriage and Family Therapy Advisory Committee, hereafter referred to as the
				  advisory committee, consists of four members, who shall be residents of the
				  state of Louisiana. All candidates and advisory committee members shall be
				  licensed marriage and family therapists. The four advisory committee members
				  shall be members of the board.
B.
				  The governor shall make appointments to the board and the advisory committee
				  from a list of qualified candidates submitted by the executive board of the
				  Louisiana Association for Marriage and Family Therapy, hereinafter referred to
				  as LAMFT. Each appointment by the governor shall be submitted to the Senate for
				  confirmation.
C. Board member terms
				  shall be for four years. No advisory committee member shall serve more than two
				  full consecutive terms.
D. Any
				  vacancy occurring in advisory committee membership, other than by expiration of
				  term, shall be filled for the remainder of the unexpired term by the governor
				  within 30 days from a list of qualified candidates supplied by the LAMFT board
				  as prescribed in Section 1104 of
				  R.S.
				  37:1101-1123.
E. No advisory committee member shall be
				  liable in any civil action for any act performed in good faith in the execution
				  of his or her duties under Chapter 13 of Title 37.
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 27 - General Provisions › Section LX-2707 - Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each advisory
				  committee member shall serve without compensation, but shall be reimbursed for
				  actual travel, incidental, and clerical expenses incurred while engaged on
				  official board or advisory committee business.
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 27 - General Provisions › Section LX-2709 - Notification of Change

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensed
				  marriage and family therapists, provisional licensed marriage and family
				  therapists, and LMFT-approved supervisors/supervisors-in-training shall notify
				  the Licensed Professional Counselors Board of Examiners in writing of any and
				  all changes in name, address, and phone number within 30 days. Failure to do so
				  will result in a fine as set forth in
				  §901 C
B. Every licensed or provisionally licensed
				  marriage and family therapist shall immediately notify in writing the Licensed
				  Professional Counselors Board of Examiners of any and all status changes with
				  the justice system, including notification of arrest, charges, convictions.
				  Failure to comply with this rule within 30 days of change will result in
				  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 29 - Advisory Committee Meetings, Procedures, Records, Powers and Duties › Section LX-2901 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
				  committee shall elect from its membership a chair, vice chair, and secretary.
				  The chair shall preside at all meetings at which he or she is in attendance and
				  perform all duties prescribed by Chapter 13 of Title 37 and these rules. The
				  chair is authorized by the board to make day-to-day decisions regarding
				  advisory committee activities to facilitate its responsiveness and
				  effectiveness. The vice chair shall perform the duties of the chair if the
				  chair is absent or disabled. If the office of chair becomes vacant, the vice
				  chair shall serve as chair until a successor is named. The secretary shall keep
				  the minutes of the advisory committee meetings and send them to the advisory
				  committee members and the clerical secretary before the next meeting of the
				  advisory committee.
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-2903 - Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
				  committee shall be domiciled in Baton Rouge and shall hold its meetings in
				  places to be designated by the advisory committee. Advisory committee meetings
				  shall be held at least semiannually. The advisory committee shall hold meetings
				  regularly, with prior approval from the board, to conduct its business.
				  Reasonable notice of all advisory committee meetings will be given by posting
				  the meeting place, time, and agenda 24 hours before the meeting on the door and
				  in two places in the building housing the office of the board and on the door
				  of the location of the meeting, if different from the board office.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.