Louisiana
Administrative Code
Title 46
PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LXIII. Psychologists
Note: Updates to the
LAC my be obtained from
http://doa.louisiana.gov/osr/lac/46v63/46v63.doc
Chapter 12.
Criminal History Records Information
§1201. Scope of Chapter
A.
The rules of this Chapter govern the collection and use of criminal
history records information in connection with applications for an initial
license, renewal, or reinstatement of a license of a psychologist in
conformity with R.S. 37:2372.1
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychologists, LR 34:1406 (July 2008).
§1203. Definitions
A.
As used in this Chapter, the following terms shall have the meanings
specified.
Applicant―an individual who has made application to the board for the
issuance or reinstatement of any license, permit, certificate, or
registration which the board is authorized by law to issue.
Board―the Louisiana State Board of Examiners of Psychologists.
Bureau―the Louisiana Bureau of Criminal Identification and Information
of the Office of State Police within the Department of Public Safety and
Corrections.
Criminal History Record Information―information collected by the
bureau or the Federal Bureau of Investigation of the United States
Department of Justice or an individual consisting of detentions,
indictments, bills of information, or any formal criminal charges and any
disposition arising therefrom, including sentencing, criminal correctional
supervision and release. Criminal history record information does not
include information collected for intelligence or investigatory purposes
nor does it include any identification information which does not indicate
involvement of the individual in the criminal justice system.
FBI―the Federal Bureau of Investigation of the United States
Department of Justice.
Licensure or License―any license, permit, certification, or
registration which the board is authorized by law to issue.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychologists, LR 34:1406 (July 2008).
§1205. Criminal History Record
Information Requirement
A.
As a condition for eligibility for the issuance of an initial license or
the reinstatement of any license, an applicant must submit such number of
full sets of fingerprints, other identifiable information, and fees and
costs as may be incurred by the board in requesting or obtaining criminal
history record information, in the form and manner prescribed in §1209.
B.
The board will use the fingerprints to request and obtain criminal history
record information relative to the applicant as provided in R.S.
37:2372.1.
C.
The application of an applicant who fails to comply with the requirements
set forth in §1205.A shall be deemed incomplete and shall not be
considered by the board unless and until such requirements have been
satisfied.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychologists, LR 34:1406 (July 2008).
§1207. Effect of Application
A.
The submission of an application for licensure to the board shall
constitute and operate as an acknowledgement and authorization by the
applicant to any state or federal agency, including, but not limited to,
the bureau and the FBI, to disclose and release to the board any and all
state, national, or foreign criminal history record information; the
submission of an application for licensure to the board shall equally
constitute and operate as a consent by the applicant for disclosure and
release of such information and as a waiver by the applicant of any
privilege or right of confidentiality which the applicant would otherwise
possess with respect thereto.
B.
The submission of an application for licensure to the board shall
constitute and operate as an acknowledgement and authorization by the
applicant for the board's utilization of criminal history record
information to determine his or her suitability and eligibility for
licensure, and whether just cause exists for the board to refuse to issue,
suspend, revoke, or impose probationary or other terms, conditions, or
restrictions on any license held or applied for by an applicant in the
state of Louisiana for violation of any of the causes specified by R.S.
37:2359 or 37:2360, and the board's rules respecting any such health care
provider as set forth in LAC 46:LXIII.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2353, 37:2356 and 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychologists, LR 34:1407 (July 2008).
§1209. Procedural Requirements
A.
In conformity with the substantive requirements of §1205, an application
for licensure, whether initial, by credential, or reinstatement to the
board, shall be accompanied by each of the following:
1. two or such other number of fully completed fingerprint record cards,
containing all identifiable information requested, as well as certified
sets of fingerprints which have been affixed by a sheriff, police officer,
or other law enforcement personnel;
2. a check in the amount of no less than $50 in satisfaction of the fees
and costs incurred by the board to process fingerprint cards and to
request and to receive criminal history record information from the bureau
and the FBI.
B.
Fingerprint cards and instructions pertaining thereto will be supplied by
the board upon application.
C.
An applicant shall be responsible for any increase in the amounts
specified in §1209.A.2, which may be assessed by any state or federal
agency, including, but not limited to, the bureau and the FBI, or for the
fees and costs which may be incurred by the board in requesting and
obtaining criminal history record information. An applicant shall also be
responsible for payment of any processing fees and costs resulting from a
fingerprint card being rejected by any state or federal agency, including,
but not limited to, the bureau and the FBI.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychologists, LR 34:1407 (July 2008).
§1211. Falsification of Criminal
Record Information
A.
An applicant who denies the existence or extent of criminal history record
information on an application, which is discovered by information,
records, or documentation provided by the bureau, FBI, or any other state,
national, or foreign jurisdiction shall, in addition to the potential
disqualification of licensure for any of the causes specified in §1207.B,
be deemed to have provided false, misleading, or deceptive information, or
false sworn information on an application for licensure, and to have
engaged in unprofessional conduct, providing additional cause for the
board to suspend or revoke, refuse to issue, or impose probationary or
other restrictions on any license held or applied for by an applicant in
the state of Louisiana culpable of such violation, pursuant to R.S.
37:2359 and 37:2360.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychologists, LR 34:1407 (July 2008).
§1213. Confidentiality of Criminal
History Record Information
A.
Criminal history record information obtained by the board pursuant to R.S.
37:2372.1 and the rules of this Chapter, which is not already a matter of
public record or to which the privilege of confidentiality has not
otherwise been waived or abandoned, shall be deemed nonpublic and
confidential information, restricted to and utilized exclusively by the
board, its officers, members, investigators, employees, agents, and
attorneys in evaluating the applicant's eligibility or disqualification
for licensure. Criminal history record information shall not, except with
the written consent of the applicant or by the order of a court of
competent jurisdiction, be released or otherwise disclosed by the board to
any other person or agency, provided, however, that any such information
or documents which are admitted into evidence and made part of the
administrative record in any adjudicatory proceeding before the board
shall become public records upon the filing of a petition for judicial
review of the board's final decision therein.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychology, LR 34:1407 (July 2008).
§1215. Exceptions to Criminal
History Information Requirement
A.
The criminal history record information requirements prescribed by this
Chapter shall not be applicable to a psychologist applicant who seeks:
1. a temporary registration issued in accordance with LAC 46:LXIII.
B.
The criminal history record information requirements prescribed by
§§1201-1213 may be waived in such instances as the board, in its
discretion, may deem necessary or appropriate.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 37:2372.1.
HISTORICAL NOTE:
Promulgated by the Department of Health and Hospitals, Board of Examiners
of Psychology, LR 34:1407 (July 2008).
