Chapter LX

A. The Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred to as the board, resides in the Department of Health and Hospitals, and consists of 11 members, who shall be residents of the state of Louisiana. Each term shall be for four years. The govern…

A. The governor shall fill, within 30 days, for the remainder of the term, any vacancy occurring in board membership for an unexpired term from a list of qualified candidates as prescribed in Section 1104(C) of R.S. 37:1101 - 1122 . Notes La. Admin. Code tit. 46 , § LX-105 Promul…

A. Each board member shall serve without compensation, but shall be reimbursed for actual travel, incidental, and clerical expenses incurred while engaged on official board business. Notes La. Admin. Code tit. 46 , § LX-107 Promulgated by the Department of Health and Human Resour…

A. The board shall be financially self-sufficient. It shall receive no state funds through appropriation or otherwise and shall not expend any such state funds. No state funds shall be expended or committed to expenditure for the group benefits program or any other health insuran…

A. Upon recommendation of the board, the board shall issue a license to any person who has been licensed as a licensed professional counselor and has actively practiced mental health counseling for at least one year in another jurisdiction. The applicant must submit an applicatio…

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 th…

A. Every licensed or provisional licensed professional counselor and every licensed or provisional licensed marriage and family therapist shall immediately notify in writing the Licensed Professional Counselors Board of Examiners of any and all changes in name, address, and phone…

A. The board, after due notice and hearing as set forth herein and the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., may withhold, deny, revoke or suspend any license issued or applied for or otherwise discipline a licensed professional counselor on a finding that …

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 intend…

A. Complaints may be initiated by any person or by the board on its own initiative. B. All complaints shall be addressed confidential to the Ad Hoc Committee for Disciplinary Affairs of the board and shall be sent to the board office. The Ad Hoc Committee for Disciplinary Affairs…

A. Some complaints may be settled informally by the board and the person accused of a violation without a formal hearing. The following types of informal dispositions may be utilized. 1. Disposition by Correspondence. For complaints less serious, the Ad Hoc Committee for Discipli…

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 a…

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 …

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. Notes La. Admin. Code t…

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 otherwis…

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 …

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 appe…

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 …

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 …

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 …

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 cos…

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. Not…

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, regis…

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. Notes La. Admin. Code tit. 46 , § LX-1505 Promulgated by the…

A. The following persons and their activities are exempted from the licensing requirements of R.S. 37:1101 - 1122 and these rules. Notes La. Admin. Code tit. 46 , § LX-1701 Promulgated by the Department of Health and Human Resources, Board of Examiners of Professional Counselors,…

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. Nothi…

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 license…

A. Licensees encourage client growth and development in ways that foster the interest and welfare of clients and promote formation of healthy relationships. Licensees actively attempt to understand the diverse cultural backgrounds of the clients they serve. Licensees also explore…

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 param…

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…

A. Professional licensees recognize that the quality of their interactions with colleagues can influence the quality of services provided to clients. They work to become knowledgeable about colleagues within and outside the field of counseling. Licensees develop positive working …

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 Secti…

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 assessm…

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…

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 t…

A. The following comprises the information that must be available in writing for each client seen by a licensed professional counselor or provisional licensed professional counselor in the state of Louisiana. Licensed professional counselors or provisional licensed professional c…

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 …

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 therapist…

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 de…

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. Notes La. Admin. Code tit. 46 , § LX-2…

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 …

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…

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 …

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 provis…

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 i…

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 Profession…

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 …

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. Notes La. Admin. Code tit. 46 , § LX-2707 Promulgated by the D…

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 phon…

A. The Louisiana Licensed Professional Counselors Board of Examiners was initially created and empowered by Act 892 of the 1987 Legislature to provide regulation of the practice of mental health counseling and provide for the regulation of the use of the title "licensed professio…