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-2303 - Purpose and Scope; Immunity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  goal of the professional assistance program is to provide for public protection
				  through monitoring and a remedial course of action applicable to licensed and
				  provisional licensed professional counselors and to licensed and provisional
				  licensed marriage and family therapists who are functionally impaired in their
				  ability to safely practice. Impairments include, but are not limited to mental,
				  physical, and addictive disorders or other conditions. The program also
				  supports recovery through preventative measures and allows entrance into the
				  program before harm occurs.
B. A
				  licensed or provisional licensed professional counselor or licensed or
				  provisional licensed marriage and family therapist may enter the program
				  subsequent to voluntary disclosure of impairment via an initial or renewal
				  application for a license or provisional license. When evidence of impairment
				  arises as a possible causative or contributing factor in disciplinary
				  proceedings, the board may offer this program to the subject of those
				  proceedings. If the subject agrees to enter the program, disciplinary
				  proceedings may be suspended pending program completion. If the subject refuses
				  to enter the program, the disciplinary process shall continue. Participation in
				  the program can be voluntary, but may also be required as a prerequisite to
				  continued mental health counseling practice or marriage and family therapy in
				  accordance with the conditions of any consent order, compliance or adjudication
				  hearing. A licensed or provisional licensed professional counselor or licensed
				  or provisional licensed marriage and family therapist who enters the program
				  may be allowed to maintain his/her license or provisional license while in
				  compliance with the requirements of their program, subject to the boards
				  discretion.
C. Professionals who
				  participate in evaluation, monitoring or treatment and who are approved or
				  designated by the board to render these services, as well as professional
				  assistance program committee members and board members, who participate in
				  professional assistance program activities, will be provided immunity. The
				  participating licensed or provisional licensed professional counselor or
				  licensed or provisional licensed marriage and family therapist will be
				  responsible for executing all required releases of information and
				  authorizations required for the board or its designees to obtain information
				  from any monitor, treatment or service provider concerning the licensed or
				  provisional licensed professional counselor or licensed or provisional licensed
				  marriage family therapists progress and participation in the program, the
				  professional assistance program participant must agree in writing, to grant
				  full immunity to, and hold harmless from any suit or claim, all professional
				  assistance program committee members, board members and those professionals who
				  assist in their evaluation, monitoring, or treatment. This grant of immunity
				  shall extend to all actions by such board members, professional assistance
				  program committee members, or participating professionals acting in good faith
				  in the discharge of their duties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1110 and 37:
					 1120.