§ 37:2353 — State board of examiners; organization; duties; meetings; fees

§2353. State board of examiners; organization; duties; meetings; fees
A.(1) There is hereby created within the Louisiana Department of Health 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 six members to be comprised of five psychologists and
one consumer.
(2) The governor shall appoint members for terms of five years. Each appointment
by the governor shall be subject to Senate confirmation. A board member shall not be
eligible to succeed himself. All psychologist 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 in
accordance with the provisions of this Chapter are entitled to one vote for each vacancy on
the board. The consumer member may apply directly to the office of the governor. The
governor shall ensure that his appointments demonstrate race, gender, ethnic, and
geographical diversity.
(3)(a) Each psychologist board member shall be a citizen of the United States; shall
be a resident of the state of Louisiana; 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 in accordance with the provisions of this Chapter for a minimum of five years.
(b)(i) The consumer member shall be selected from the state at large and 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.
(4) Notwithstanding the provisions of this Subsection, no person shall be eligible to
serve as a board member if he is employed by the board, has a contract with the board for
services, or within the preceding twelve months of his nomination was employed by the
board or had a contract with the board for services.
(5) 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.
(6) Membership on the board of a public employee or official shall not constitute
dual office holding within the meaning of R.S. 42:61 et seq.
(7) 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 hereby authorized and empowered to do all of the following:
(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 conducted pursuant to 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 in this Chapter.
(5) Conduct hearings upon complaints concerning the disciplining of a person
licensed pursuant to the provisions of this Chapter and within the limitations established in
Chapter 1-A of this Title.
(6) Cause the prosecution and enjoinder of all persons violating this Chapter, and
incur necessary expenses therefor.
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 Administrative
Procedure Act, R.S. 49:950 et seq.
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.

Legislative History

Added by Acts 1964, No. 347, §3. Amended by Acts 1976, No. 329, §1; Acts 1977, No. 684, §24; Acts 1982, No. 817, §1; Acts 1984, No. 931, §1; Acts 1985, No. 720, §1; Acts 1987, No. 915, §2, eff. Sept. 1, 1987; Acts 1995, No. 1302, §1, eff. June 29, 1995; Acts 2015, No. 255, §1; Acts 2017, No. 234, §1, eff. June 14, 2017; Acts 2018, No. 515, §2; Acts 2022, No. 271, §2.