La. Admin. Code tit. 46 § LX-2303

Current through Register Vol. 50, No. 11, November 20, 2024

Section LX-2303 - Purpose and Scope; Immunity

A. The goal of the professional assistance program is to provide for public protection through monitoring and a remedial course of action applicable to licensed and provisional licensed professional counselors and to licensed and provisional licensed marriage and family therapists who are functionally impaired in their ability to safely practice. Impairments include, but are not limited to mental, physical, and addictive disorders or other conditions. The program also supports recovery through preventative measures and allows entrance into the program before harm occurs.

B. A licensed or provisional licensed professional counselor or licensed or provisional licensed marriage and family therapist may enter the program subsequent to voluntary disclosure of impairment via an initial or renewal application for a license or provisional license. When evidence of impairment arises as a possible causative or contributing factor in disciplinary proceedings, the board may offer this program to the subject of those proceedings. If the subject agrees to enter the program, disciplinary proceedings may be suspended pending program completion. If the subject refuses to enter the program, the disciplinary process shall continue. Participation in the program can be voluntary, but may also be required as a prerequisite to continued mental health counseling practice or marriage and family therapy in accordance with the conditions of any consent order, compliance or adjudication hearing. A licensed or provisional licensed professional counselor or licensed or provisional licensed marriage and family therapist who enters the program may be allowed to maintain his/her license or provisional license while in compliance with the requirements of their program, subject to the boards discretion.

C. Professionals who participate in evaluation, monitoring or treatment and who are approved or designated by the board to render these services, as well as professional assistance program committee members and board members, who participate in professional assistance program activities, will be provided immunity. The participating licensed or provisional licensed professional counselor or licensed or provisional licensed marriage and family therapist will be responsible for executing all required releases of information and authorizations required for the board or its designees to obtain information from any monitor, treatment or service provider concerning the licensed or provisional licensed professional counselor or licensed or provisional licensed marriage family therapists progress and participation in the program, the professional assistance program participant must agree in writing, to grant full immunity to, and hold harmless from any suit or claim, all professional assistance program committee members, board members and those professionals who assist in their evaluation, monitoring, or treatment. This grant of immunity shall extend to all actions by such board members, professional assistance program committee members, or participating professionals acting in good faith in the discharge of their duties.

La. Admin. Code tit. 46, § LX-2303

Promulgated by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 37:344 (January 2011), Amended by LR 41737 (4/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1110 and 37: 1120.