§ 37:1104 — Louisiana Licensed Professional Counselors Board of Examiners

§1104. Louisiana Licensed Professional Counselors Board of Examiners
A. There is hereby created in the Louisiana Department of Health the Louisiana
Licensed Professional Counselors Board of Examiners, hereafter referred to as the "board",
consisting of eleven members who shall be residents of the state of Louisiana. Each term
shall be for four years. Seven appointments to the board, including one consumer from the
public at large, shall be made by the governor from a list of qualified candidates submitted
by the executive board of the Louisiana Counseling Association. The consumer member may
also apply directly to the office of the governor. Four appointments to the board shall be
made by the governor from a list of qualified candidates submitted by the executive board
of the Louisiana Association for Marriage and Family Therapy. Each appointment by the
governor shall be submitted to the Senate for confirmation. The governor shall ensure that
his appointments demonstrate race, gender, ethnic, and geographical diversity.
B.(1)(a) The membership of the board shall consist of three licensed professional
counselors, three educators who are licensed professional counselors and whose function is
the training of mental health counselors in accredited programs, four licensed marriage and
family therapists, and one consumer from the public at large. The professional membership
of the board shall be licensed under this Chapter. The board shall perform such duties and
exercise such powers as this Chapter prescribes and confers upon it. No member of the board
shall be liable in any civil action for any act performed in good faith in the execution of his
duties under this Chapter.
(b)(i) The consumer member shall be appointed from the state at large and appointed
by the governor, subject to confirmation by the Senate. The consumer member of the board
shall possess all of the following qualifications:
(aa) Is a citizen of the United States and has been a resident of Louisiana for at least
one year immediately prior to appointment.
(bb) Has attained the age of majority.
(cc) Has never been licensed by any of the licensing boards identified in R.S.
36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in
R.S. 36:259(A).
(dd) Has never been convicted of a felony.
(ee) Does not have and has never had a material financial interest in the healthcare
profession.
(ii) The consumer member shall be a full voting member of the board with all rights
and privileges conferred on board members, except that the consumer member shall not
participate in the grading of individual examinations.
(2)(a) The board shall establish a Marriage and Family Therapy Advisory
Committee, which shall consist of the four licensed marriage and family therapist board
members appointed by the governor from a list of names submitted by the executive board
of the Louisiana Association for Marriage and Family Therapy.
(b) The functions of the advisory committee shall be established by rules and
regulations developed by the advisory committee, promulgated by the board, and approved
jointly by the House and Senate Health and Welfare Committees.
(c) The functions and duties of the advisory board may include but are not limited
to the following:
(i) Develop rules and regulations in accordance with the Administrative Procedure
Act as it may deem necessary to implement the provisions of this Chapter for promulgation
and implementation by the board.
(ii) Examine and qualify all applicants for licensure as marriage and family therapists
and recommend to the board each successful applicant for licensure, attesting to his
professional qualifications to be a marriage and family therapist.
(iii) Develop for the board application forms for licensure pursuant to this Chapter.
(iv) Maintain complete records of all meetings, proceedings, and hearings conducted
by the advisory committee.
C. No board member shall serve more than two full consecutive terms. Any board
member may be removed by the governor or majority vote of the board, after notice and
hearing, for incompetence, neglect of duty, malfeasance in office, or moral turpitude. Any
vacancy occurring in board membership for the three licensed professional counselors, three
counselor educators, or one member of the public at large, other than by expiration of term,
shall be appointed for the remainder of the unexpired term by the governor within thirty days
from a list of qualified candidates supplied by the executive board of the Louisiana
Counseling Association. Any vacancy occurring in board membership for the four licensed
marriage and family therapists, other than by expiration of term, shall be appointed for the
remainder of the unexpired term by the governor within thirty days from a list of qualified
candidates supplied by the executive board of the Louisiana Association for Marriage and
Family Therapy.
D. 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.
E. Each board member shall take the constitutional oath of office for state officials
before any officer authorized to administer oaths in this state.
F. 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.

Legislative History

Acts 1987, No. 892, §1, eff. July 20, 1987; Acts 1988, No. 225, §1; Acts 1995, No. 1301, §1; Acts 2001, No. 1195, §1; Acts 2003, No. 1139, §§1 and 2; Acts 2010, No. 613, §1; Acts 2018, No. 515, §2.