Current through Register Vol. 50, No. 11, November 20, 2024
Section LX-1301 - Causes for Administrative ActionA. 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 the person has violated the Louisiana Mental Health Counselor Licensing Act, any of the rules and regulations promulgated by the board, the code of ethics of the American Counseling Association, or prior final decisions and/or consent orders involving the licensed professional counselor, provisional licensed professional counselor, or applicant for licensure or provisional licensure. Sometimes hereinafter in this Chapter, where the context allows a licensed professional counselor, provisional licensed professional counselor, or applicant for licensure or provisional licensure may be referred to as "person."B. The board shall also deny, revoke or suspend any license or provisional license issued or applied for, or otherwise discipline a licensed professional counselor or provisional licensed professional counselor on a finding that such person has violated any other applicable state law which themselves requires denial, revocation, or suspension of the license of such licensed professional counselor, provisional licensed professional counselor, or applicant. Such statutes include, but are not limited to R.S. 37:2951 et seq. (nonpayment of certain student loans), and R.S. 37:2952 et seq. (nonpayment of child support).C.In addition to the Code of Conduct adopted by the LPC Board as Chapter 21, §2101-2117, the following actions or inactions by a licensed professional counselor or provisional licensed professional counselor shall also be considered ethical violations by a licensed professional counselor or provisional licensed professional counselor which may allow denial revocation, or suspension of license or provisional license. 1. Failure to report suspected child abuse or neglect (R.S. 14:403 et seq. and Children's Code Article 609 et seq.).2. Failure to report suspected elder abuse or neglect (R.S. 14:403.2 et seq.).3. Failure to maintain patient records required by law (R.S. 40:1299.96 et seq.).La. Admin. Code tit. 46, § LX-1301
Promulgated by the Department of Health and Human Resources, Board of Examiners of Professional Counselors, LR 14:84 (February 1988), amended by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 15:837 (October 1989), LR 17:778 (August 1991), LR 18:52 (January 1992), LR 25:259 (February 1999), LR 29:137 (February 2003), LR 41723 (4/1/2015).AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1101-1122.