LOUISIANA LICENSING LAW FOR
PSYCHOLOGISTS
Louisiana Revised Statutes
TITLE 37
Chapter 28, Psychologists (Supp. 1988)
Note:
Changes
in the laws, rules and regulations since the 2001 edition of the LSBEP
Directory and Statutory Reference book appear in boldface type in this
2002 edition.
PART I. LICENSURE
AND REGULATION OF PSYCHOLOGISTS
RS 37:2351. Declaration of purpose
It is hereby declared that the creation of a State Board of
Examiners of Psychologists is necessary in order to safeguard life,
health, property and the public welfare of this state, and in order to
protect the people of this state against unauthorized, unqualified, and
improper application of psychology.
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RS 37:2352. Definition of terms
As used in this Chapter the following terms mean:
(1) “Applicant” means any person who has submitted
an application form to the board, paid the application fee, and who has
provided such additional information as the board may require.
(2) “Board” means the State Board of Examiners of
Psychologists.
(3) “Candidate” means any person whose application
and related materials have been approved by the board. Only candidates are
eligible to take the written/oral examination.
(4) “Persons” includes an individual, firm,
partnership, association, or corporation.
(5) “Practice of psychology” is defined as the
observation, description, evaluation, interpretation, and modification of
human behavior, by the application of psychological principles, methods,
and procedures, for the purpose of eliminating symptomatic, maladaptive,
or undesired behavior, and of improving interpersonal relationships, work
and life adjustment, personal effectiveness, behavioral health, and mental
health. The practice of psychology includes but is not limited to
psychological testing and evaluation or assessment of personal
characteristics such as intelligence, personality, abilities, interests,
aptitudes, and neuropsychological functioning; counseling, psychoanalysis,
psychotherapy, hypnosis, stress management, biofeedback, behavior analysis
and therapy; diagnosis and treatment of mental and emotional disorder or
disability, alcoholism and substance abuse, and of the psychological
aspects of physical illness, accident, injury, or disability;
psychoeducational evaluation, therapy, remediation, and consultation.
Psychological services may be rendered to individuals, families, groups,
institutions, organizations, and the public. The practice of psychology
shall be construed within the meaning of this definition without regard to
whether payment is received for services rendered.
(6) “Psychologist”
means any person licensed as a psychologist under this Chapter. A person
represents himself to be a psychologist by using any title or description
of services incorporating the words “psychology”, “psychological”, or
“psychologist”, or by using any other terms which imply that he is
qualified to practice psychology or that
he possesses expert qualification in any area of psychology
or if that person offers to the public or renders to individuals or to
groups of individuals services defined as the practice of psychology in
this Chapter.
(7) “School” or “College” means any
regionally accredited university or other institution of higher learning
offering a full-time doctoral course of study in psychology that is
approved by the board.
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RS 37:2353. State board of examiners; organization;
duties; meetings; fees
A. (1) There is hereby created within the
Department of Health and Human Resources a Louisiana State Board of
Examiners of Psychologists which shall be subject to the provisions of R.S.
36:803. The board shall consist of five members who are citizens of the
United States, residents of the state of Louisiana, and appointed by the
governor.
(2) Upon expiration of the three-year terms
of the members in office on September 1, 1987, and except for the
transition set forth below, the governor shall appoint members for terms
of five years. For the two vacancies occurring July 1, 1988, one member
shall be appointed for a three-year term and one member for a four-year
term; for the vacancy occurring July 1, 1989, the member shall be
appointed for a four-year term; and for the two vacancies occurring July
1, 1990, one member shall be appointed for a four-year term and one member
for a five-year term. A board member shall not be eligible to succeed
himself. All appointments shall be from a list provided by the Louisiana
Psychological Association. The list shall report the results of an
election in which persons qualified for board membership may nominate
themselves and in which licensed members of the Louisiana Psychological
Association and other persons licensed under this Chapter are entitled to
one vote for each vacancy on the board.
(3) Each board member shall have rendered
service, teaching, training, or research in psychology for at least five
years, shall have held a doctoral degree in psychology from a school or
college as defined in this Chapter for a period of five years, and shall
be licensed under this Chapter.
(4) Board members shall serve without
compensation but shall receive seventy-five dollars per diem allowance
plus the mileage rate provided state employees to cover expenses incurred
while engaged in the discharge of their duties.
(5) Membership on the board of a public
employee or official shall not constitute dual office holding within the
meaning of R.S. 14:137.
(6) Each appointment by the governor shall
be submitted to the Senate for confirmation.
B. The board shall, annually in the month of July,
hold a meeting and elect from its membership a chairman and vice chairman.
Special sessions may be called by the chairman or the governor. A majority
of the board shall constitute a quorum at any meeting or hearing.
C. The board is authorized and empowered to:
(1) Adopt, and from time to time, revise,
such rules and regulations not inconsistent with the law as may be
necessary to effect the provisions of this Chapter.
(2) Employ, within the limits of the funds
received by the board, an administrative assistant, general legal counsel,
or other personnel necessary for the proper performance of work under this
Chapter.
(3) Adopt a seal, which shall be affixed
to all licenses issued by the board.
(4) Examine for, deny, approve, revoke,
suspend, and renew the licenses of applicants, candidates, and
psychologists as provided under this Chapter.
(5) Conduct hearings upon complaints
concerning the disciplining of a psychologist; provided that,
notwithstanding Chapter 1-A of Title 37, no disciplinary proceeding shall
be commenced more than one year after the date upon which the board knows
or should know of the act or omission upon which the disciplinary action
is based.
(6) Cause the prosecution and enjoiner of
all persons violating this Chapter, and incur necessary expenses
therefore.
D. The board shall have the authority to correct
an error made in processing an application, examining a candidate,
investigating a complaint, rendering due process during hearings, or in
any of its other activities.
E. Any person aggrieved by an action of the board
may seek judicial review in the district court for the parish of East
Baton Rouge in accordance with the Louisiana Administrative Procedure Act.
F. Within thirty days after the close of each
fiscal year, the board shall submit a report, reviewed and signed by the
board members, to the governor, concerning the financial and professional
transactions of the board during the preceding fiscal year.
G. This 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 insurance or employee benefit program, for any retirement
system, for any salary, per diem payment, travel or expenses, office
supplies and materials, rent, purchase of any product or service, or for
any other purpose.
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A. All monies received by the board under this
Chapter shall be paid into the treasury of the State Board of Examiners of
Psychologists and may be expended by the board without appropriation for
costs of administration and other expenses, and any surplus at the end of
a fiscal year or a biennium may be retained by the board for future
expenditures and the board is not required to pay any such surplus into
the general fund of the State of Louisiana.
B. The board shall charge an application fee to
all applicants for licensure. The board may also charge a written
examination fee and an oral examination fee. A hearing fee may also be
charged at the discretion of the board. The board shall establish a
reasonable fee schedule in conformity with the provisions of the
Administrative Procedure Act.
C. Every licensed psychologist in this state shall
annually pay to the board during the month of July of each year, beginning
in the year immediately subsequent to his initial license, a renewal fee
to be determined annually by the board. The license of any psychologist
who shall fail to have his license renewed during the month of July in
each and every year shall lapse; the failure to renew said license,
however, shall not deprive said psychologist of the right of renewal
thereafter. Such lapsed license may be renewed, within a period of two
years after such lapse, upon payment of a reinstatement fee equal to the
current application fee and the current renewal fee.
D. The board shall annually send a renewal notice
to all psychologists licensed by
the board.
E. (1) The status of psychologist emeritus is
hereby created. To qualify for status as psychologist emeritus, the
applicant must annually make a satisfactory showing to the board, in a
manner to be determined by the board, that the applicant is sixty-five
years old or older, has held continuous licensure as a psychologist in the
state for at least twenty years, and at the time of application is retired
from the full-time practice of psychology or any other full-time
employment.
(2) The annual renewal fee for those
qualifying as psychologist emeritus shall be one-half of the amount of the
current licensure renewal fee.
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A. The board shall keep a record of its
proceedings and a register of all applications for licensure.
B. The board shall publish or cause to be
published annually a list of psychologists licensed under this Chapter.
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RS 37:2356. Licensure of psychologists by written and
oral examination
A. The board shall issue a license as a
psychologist to each applicant who shall file an application upon a form
and in such a manner as the board prescribes, accompanied by such fee as
required by this Chapter, and who furnishes evidence to the board that,
except as otherwise required by law, he:
(1) Is at least twenty-one years of age.
(2) Is of good moral character.
(3) Is a citizen of the United States or
has declared his intention to become a citizen. A statement by the
applicant under oath that he is a citizen or that he intends to apply for
citizenship when he becomes eligible to make such application shall be
sufficient proof of compliance with this requirement.
(4) Is not in violation of any of the
provisions of this Chapter and the rules and regulations adopted
thereunder.
(5) Holds a doctoral degree with a major in
psychology from a school or college as defined in this Chapter.
(6) Has a minimum of two years of
experience practicing psychology under the supervision of a psychologist,
one year of which may be a predoctoral internship as defined in the rules
and regulations of the board and required as part of the doctoral degree
in psychology as defined by the board and all other experience being
post-doctoral.
(7) Demonstrates professional knowledge and
competence by passing a written and oral examination in psychology
prescribed by the board.
B. Upon investigation of the application and other
evidence submitted, the board shall, not less than thirty days prior to
the examination, notify each applicant that the application and evidence
submitted for licensure is satisfactory and accepted and that the
applicant has been admitted to candidacy status, or unsatisfactory and
rejected; if rejected, said notice shall state the reasons for such
rejection.
C. The place of examination shall be designated in
advance by the board, and such examination shall be given annually at such
place and time and under such supervision as the board may determine, and
specifically at such other times as, in the opinion of the board, the
number of candidates warrants.
D. The examination shall be of such form and
content as determined by the board.
E. The examination passing grade shall be
determined by the board.
F. In the event a candidate fails to receive a
passing grade on the written/oral examination, he may apply for
reexamination and shall be allowed to take a subsequent written/oral
examination upon payment of such fee as is required by this Chapter.
G. The board shall keep the written examination
papers, and an accurate transcript of the question and answers relating to
the oral examinations, and the grade assigned to each answer thereof, as
part of its records for at least two years subsequent to the date of
examination.
H. If the board reasonably believes that a person
applying for a license or for renewal of a license is not physically and
mentally competent to render psychological services with reasonable skill
and safety to his patients, or is afflicted with a disease or condition,
either physical or mental, which would impair his competency to render
psychological services, the board may request that the person submit to a
physical examination by a medical doctor approved by the board and/or
submit to a mental health examination by a psychologist and/or
psychiatrist approved by the board. If the person refuses to submit to the
examination, the board, after contradictory hearing and upon finding
reasonable cause, may issue an order requiring the person to submit to the
examination. A person who is ordered to submit to an examination shall not
be eligible for licensure or renewal of license prior to the examination.
Proceedings under this Subsection shall be conducted in compliance with
the Louisiana Administrative Procedure Act.
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RS 37:2357. Renewal of license
A. Persons licensed as psychologists under the
provisions of this Chapter shall be eligible for renewal of licensure
without regard to any subsequent changes in the requirements for licensure
upon payment of the fees established under R.S. 37:2354 and compliance
with the requirement established pursuant to Subsection B.
B. The board shall establish continuing education
requirements to be fulfilled prior to the renewal of a license. Failure to
fulfill these requirements shall cause the license to lapse. For a period
of two years from the date of lapse of the license, the license may be
renewed upon proof of fulfilling all continuing education requirements
applicable through the date of reinstatement and upon payment of all fees
due under R.S. 37:2354.
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RS 37:2358. License; filing
The board shall issue a license signed by the
chairman, vice chairman, and all members of the board whenever a candidate
for licensure is found to be qualified as provided in this Chapter. A copy
of such license, so certified by the vice chairman as a true copy, shall
be filed in the office of the secretary of the state of Louisiana by the
administrative assistant of the board. Any filing fees in connection with
such filing shall be paid, in advance, to the administrative assistant of
the board by the person being licensed.
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RS 37:2359. Denial, revocation, or suspension of
license
A. A psychologist and anyone under the supervision
of a psychologist shall conduct their activities in conformity with
ethical and professional standards promulgated by the board under its
current rules and regulations.
B. The board shall have the power and duty to
suspend, place on probation, require remediation for a specified time,
revoke any license to practice psychology, or take any other action
specified in the rules and regulations whenever the board, by affirmative
vote of at least four of its five members, shall find by a preponderance
of the evidence that a psychologist has engaged in any of the following
acts or offenses:
(1) Fraud or deception in applying for or
procuring a license to practice psychology.
(2) Practicing psychology in such a manner
as to endanger the welfare of clients or patients, including but not
limited to:
(a) Harassment, intimidation, or
abuse, sexual or otherwise, of a client or patient.
(b) Engaging in sexual intercourse
or other sexual contact with a client or patient.
(c) Gross malpractice, repeated
malpractice, or gross negligence in the practice of psychology.
(3) Conviction of a felony. A copy of the
record of conviction, certified by the clerk of the court entering the
conviction, shall be conclusive evidence.
(4) Conviction of any crime or offense
which reflects the inability of the practitioner to practice psychology
with due regard for the health and safety of clients or patients.
(5) Use of repeated untruthful, deceptive,
or improbable statements concerning the licensee’s qualifications or the
effects or results of proposed treatment, including functioning outside of
one’s professional competence established by education, training, and
experience.
(6) Aiding or abetting the practice of
psychology by any person not licensed by the board and in violation of
this Chapter.
(7) Conviction of fraud in filing Medicare
or Medicaid claims or in filing claims to any third party payor. A copy of
the record of conviction, certified by the clerk of the court entering the
conviction, shall be conclusive evidence.
(8) Exercising undue influence in such a
manner as to exploit the client or patient for financial or other personal
advantage to the practitioner or a third party.
(9) The suspension or revocation by another
state of a license to practice psychology. A certified copy of the record
of suspension or revocation of the state making such a suspension or
revocation shall be conclusive evidence thereof.
(10) Refusal to appear before the board
after having been ordered to do so in writing by a duly authorized agent
of the board.
(11) Making any fraudulent or untrue
statement to the board.
(12) Violation of the code of ethics
adopted in the rules and regulations of the board or other immoral,
unprofessional, or dishonorable conduct as defined in the rules and
regulations of the board.
(13) Inability to practice psychology with
reasonable skill and safety to patients or clients by reason of illness,
inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other
substance, or as a result of any mental or physical condition.
(14) Violation of any of the provisions of
this Chapter or of the rules and regulations promulgated by the board
thereunder.
C. Proceedings for disciplinary action or for the
denial or withholding of a license under the authority of this Section
shall be conducted in compliance with the Louisiana Administrative
Procedures Act. The board may require a person against whom disciplinary
action has been taken by the board after hearing to pay reasonable costs
of the proceedings incurred by the board for hearing and any judicial
review, including attorney, stenographer, and witness fees. These costs
shall be paid no later than thirty days after the adjudication by the
board becomes final. No license shall be issued, reinstated, or renewed
until such costs have been paid.
D. The board may deny or withhold for a specified
time not to exceed two years the granting of a license to any applicant or
candidate who has committed any the acts or offenses set forth in
Subsection B.
E. Suspension by the board of the license of a
psychologist shall be for a period not exceeding two years.
F. A person who has been refused a license, or
whose license has been revoked, under the provisions of this Section, may
reapply for licensure after more than two years have elapsed from the date
such denial or revocation is legally effective.
G. The board shall notify licensed psychologists
of any disciplinary action taken against a licensed psychologist.
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RS 37:2360. Violation and penalties
A. It shall be a misdemeanor:
(1) For any person not licensed under this
Chapter to represent himself as a psychologist; or
(2) For any person not licensed under this
Chapter to engage in the practice of psychology; or
(3) For any person to represent himself as
a psychologist during the time that his license as a psychologist shall be
suspended or revoked or lapsed; or
(4) For any person to otherwise violate the
provisions of this Chapter.
B. Such misdemeanor shall be punishable upon
conviction by imprisonment for not more than six months, or by a fine of
not less than one hundred dollars nor more than five hundred dollars, or
by both such fine and imprisonment. Each violation shall be deemed a
separate offense.
C. Such misdemeanor shall be prosecuted by the
district attorney of the judicial district in which the offense was
committed in the name of the people of the state of Louisiana.
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RS 37:2361. Injunctive proceedings
A. The board may investigate any evidence or
allegation which appears to show that any person is or may be in violation
of any provision of this Chapter.
B. The board may apply
for an injunction in any court of competent jurisdiction to
enjoin any person from committing
any act which is in violation of this Chapter.
C. If it be established that the defendant has
been or is committing an act which is in violation of this Chapter, the
court shall enter a decree perpetually enjoining said defendant from
further committing such act.
D. In case of violation of any injunction issued
under the provisions of this Section, the court may summarily try and
punish the offender for contempt of court.
E. Such injunctive proceedings shall be in
addition to, and not in lieu of, all penalties and other remedies as
provided in this Chapter.
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RS 37:2362. Advertisement of psychological services
A. The board may promulgate regulations to
prohibit deceptive advertisements and representations concerning
psychological services and the board may enforce this Section and its
regulations under the provisions of R.S. 37:2361.
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RS 37:2363. Privileged communications
A. In judicial proceedings, whether civil,
criminal, or juvenile, legislative and administrative proceedings, and
proceedings preliminary and ancillary thereto, a patient or client, or his
legal representative, may refuse to disclose or prevent the disclosure of
confidential information, including information contained in
administrative records, communicated to a psychologist licensed under this
Chapter, or persons reasonably believed by the patient or client to be so
licensed, or to their employees or other persons under their supervision,
for the purpose of diagnosis, evaluation, or treatment of any mental or
emotional condition or disorder.
B. In the absence of evidence to the contrary, the
psychologist is presumed to be authorized to claim the privilege on behalf
of the patient or client.
C. This privilege may not be claimed by or on
behalf of the patient or client in the following circumstances:
(1) Where child abuse, elder abuse, or the
abuse of disabled or incompetent individuals is known or reasonably
suspected.
(2) Where the validity of a will of a
deceased former patient or client is contested or his mental or emotional
condition is at issue otherwise on judicial or administrative proceeding.
(3) Where such information is necessary for
the defense of the psychologist in a malpractice action brought by the
patient or client.
(4) Where an immediate threat of physical
violence against a clearly identified victim or victims is disclosed to
the psychologist.
(5) In the context of civil commitment
proceedings, where an immediate threat of self-inflicted damage is
disclosed to the psychologist.
(6) Where the patient or client puts his
mental state in issue by alleging mental or emotional damages or condition
in any judicial or administrative proceedings.
(7) Where the patient or client is examined
pursuant to court order.
(8) Where the board is conducting an
investigation or hearing based on a complaint made by the patient or
client.
D. Notwithstanding the provisions of this Section,
testimonial privileges, exceptions, and waiver with respect to
communications between psychologist and patient are governed by the
Louisiana Code of Evidence. Note: Art. 510 of the Louisiana Code of
Evidence supercedes this privilege statute, See Art. 510, page 236.
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RS 37:2364. Protected action and communication
There shall be no liability on the part of and no action
for damages against:
(1) Any member of the board, its agents, or
employees, or any member of a committee appointed or designated by the
board, for any action undertaken or performed by such person within the
scope of the duties, powers, and functions of the board or such committee
when such person is acting without malice and in the reasonable belief
that the action taken by him is warranted.
(2) Any person providing information to the board,
its agents, or employees, or to a committee appointed or designated by the
board, without malice and in the reasonable belief that such information
is accurate.
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RS 37:2365. Scope of Chapter
A. Members of other professions which are licensed
or certified under the laws of this state, shall be permitted to render
services consistent with their professional training and code of ethics,
provided they do not represent themselves as psychologists or their work
as psychological.
B. Duly ordained clergy and Christian Science
practitioners shall be permitted to function in their ministerial capacity
provided they do not represent themselves as psychologists, or their work
as psychological, unless they have been licensed under the provisions of
this Chapter.
C. The following persons may engage in activities
defined as the practice of psychology, provided they do not represent
themselves by any title which incorporates the word “psychologist” and
provided they perform their activities under the supervision and
functional authority of a psychologist licensed under this Chapter in
accordance with regulations promulgated by the board:
(1) A matriculated graduate student whose
activities constitute a pan of the course of study for a graduate degree
in psychology at a school or college.
(2) An individual pursuing post-doctoral
training or experience in psychology, including persons seeking to fulfill
the requirements for licensure under this Chapter.
(3) An assistant who is qualified under
regulations promulgated by the board and who is employed by, or otherwise
directly accountable to, a psychologist licensed under this Chapter.
D. Any nonresident duly licensed or certified for
independent practice as a psychologist in the state of his residence, and
which state will permit residents of this state a like and similar
privilege as provided herein may, if associated with a psychologist who is
a resident of the state of Louisiana and licensed under this Chapter,
practice as a psychologist for a period not to exceed thirty days in any
calendar year to the same extent and manner as if licensed in this state.
E. University or
college faculty holding an earned doctoral degree in psychology from a
regionally accredited institution of higher education may use the title
“psychologist” in
conjunction with their academic or research activities.
F. Unlicensed persons certified by the State Board
of Elementary and Secondary Education in accordance with the provisions of
R.S. 17:7.1(D) shall be permitted to perform their official duties and use
the title “certified school psychologist” only within the context of their
employment by a public agency regulated by the State Board of Elementary
and Secondary Education.
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RS 37:2366. Drugs; medicine
Nothing
Except as provided in Part II of this Chapter, nothing in this Chapter
shall be construed as permitting a psychologist licensed under this
Chapter to administer or prescribe drugs, or in any manner engage in the
practice of medicine as defined by the laws of this state.
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RS 37:2367. Orders to nurses
Notwithstanding any law
or rule or regulation to the contrary, including, but not limited to
Chapter 11 of Title 37 of the Louisiana Revised Statutes of 1950, it shall
be considered to be within the scope of the practice of nursing as defined
in Chapter 11 of said Title 37 for a registered nurse, licensed practical
nurse, and any other health care provider licensed under Chapter 11 of
Title 37 to execute and effectuate any order or direction otherwise within
the scope of the practice of said health care provider when that order is
within the scope of practice of psychology and given to him by a
psychologist licensed under Chapter 28 of Title 37 and, when given in an
institutional setting, the order is within the scope of the privileges
granted to the psychologist by that institution.
Section 2. This Act shall become effective upon
signature by the governor or, if not signed by the governor, upon
expiration of the time for bills to become law without signature by the
governor, as provided in Article III, Section 18 of the Constitution of
Louisiana. If vetoed by the governor and subsequently approved by the
legislature, this Act shall become effective on the day following such
approval.
Approved by the Governor, June 29, 1995.
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RS 17:7.1 Certification of Teachers; Certification of
Principals; Certification of School Psychologists
D. The State Board of Elementary and Secondary
Education shall, by regulation, prescribe the qualifications, provide for
the certification, and provide for the supervision of school psychologists
in the employ of any public agency regulated by the board, notwithstanding
the provisions of R.S. 37:2363 or any other provision of law to the
contrary. The certification requirements shall not be less than those
requirements established by the National Association of School Psychology.
Nothing herein shall be construed as permitting a person certified under
the provisions of this Subsection to offer to render, or to render his
services as a psychologist in any setting other than his institutional
employment unless he has been licensed under the provisions of R.S.
37:2356.
E. Notwithstanding any provision of law to the
contrary, any person certified as a Level A school psychologist prior to
September 1, 1986 shall be allowed to continue in the employment in which
he was engaged and which was not specifically prohibited at the time of
receiving such certificate and may use the title “certified school
psychologist” in the context of that employment.
Section 3. Section 2 of this Act is remedial in
nature and is to be applied retroactively.
Section 4. Sections 2 and 3 of this Act shall
become effective upon signature by the governor or, if not signed by the
governor, upon expiration of the time for bills to become law without
signature by the governor, as provided in Article III, Section 18 of the
Constitution of Louisiana.
Approved July 2, 1992.
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RS 9:5628. Actions for medical malpractice,
psychologist
A.
No action for
damages for injury or death against any physician, chiropractor, dentist,
psychologist, or hospital duly licensed under the laws of this state,
whether based upon tort, or breach of contract, or otherwise, arising out
of patient care shall be brought unless filed within one year from the
date of the alleged act, omission, or neglect, or within one year from the
date of discovery of the alleged act, omission, or neglect; however, even
as to claims filed within one year from the date of such discovery, in all
events such claims shall be filed at the latest within a period of three
years from the date of the alleged act, omission, or neglect.
Amended and signed into law on July 20, 1987 as Act 915 of
the 1987 Louisiana Legislature.
