La. Admin. Code tit. 46 § LX-2305

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

Section LX-2305 - Program Implementation

A. The program shall be administered by the board's Professional Assistance Committee, subject to overall supervision and control by the board. The board may utilize its discretionary authority to require or exclude specific components of this program for participants based on determination of the nature and severity of the impairment. Participation in the Professional Assistance Program may consist of all or part of the following components.

1. The program participant may be required to submit to an assessment relative to the impairment.

a. This assessment will be completed by a licensed mental health professional who is pre-approved by the board.

b. The format and content of this assessment will meet the requirements designated by the board, but will at a minimum contain information concerning:

i. previous inpatient/outpatient treatment episodes;

ii. relapse history;

iii. an assessment of the participant's psychosocial, physical, psychiatric, and other needs, relative to the impairment, and recommendations for future treatment.

c. The participant shall contact the designated mental health professional within 48 hours to schedule an evaluation, which should be scheduled within 72 hours. To the extent practicable, the assessment will then be forwarded to the board by the professional completing the assessment, no later than 72 hours following the completion of the assessment.

2. The participant may be required to submit to ongoing monitoring for a period of up to five years. The beginning date of the monitoring period will be the date upon which a consent order is formally signed by the licensed or provisional licensed professional counselor or licensed or provisional licensed marriage and family therapist and the board, or the date of the boards official decision to require program participation in the event of an adjudication hearing.

3. During the monitoring period the licensed or provisional licensed professional counselor or licensed or provisional licensed marriage and family therapist may be required to submit to random drug and/or alcohol screenings as determined appropriate by the board, or other monitoring requirements which are pertinent and relative to the documented impairment.

a. The interval and timing of the required screening will be directed by a monitor who is pre-approved by the board. This monitor will be considered to have been duly selected by the board as its agent for the purposes of directing the required screens.

b. The results and reports of the results of all screens will be submitted to the board before the final business day of the month following the date of the screen.

4. Receipt by the board of any positive, unexplained substance abuse/drug screen or reports of non-compliance or complications relative to the impairment during the monitoring period may result in suspension, revocation, or other appropriate action pertaining to the licensed or provisional licensed professional counselor, licensed or provisional licensed marriage and family therapists license or provisional license as determined appropriate by the board.

5. When the impairment is substance-related, the participant may be required to attend Twelve Step meetings on a regular basis as determined appropriate by the designated licensed substance abuse professional, and as approved or required by the board, but no less than four times monthly.

a. A pre-approved monthly log must be submitted to and received by the board at least five days after the final business day of the month following completion of the required meetings. It is the participants responsibility to ensure that these logs are properly completed and received by the board by the designated date.

b. The log requires documentation of the name of the meeting chairman, and meeting dates and times.

c. Submission of logs will be required for at least one year of program participation, but may be required for any period of time up to and including the entire term of monitoring as determined by the designated licensed substance abuse professional and as approved or required by the board.

6. During the monitoring period for the participant, the participant may be required to participate in professional supervision with a board-approved and designated licensed professional counselor supervisor or licensed marriage and family therapist supervisor at a frequency determined by the board for a period of time up to and including the entire five year period of monitoring.

7. The board, in addition to other conditions, may require that the participant obtain regularly scheduled therapy, at a prescribed interval.

a. The type and interval of therapy may be recommended by the designated pre-approved licensed professional responsible for program monitoring, as approved by the board.

b. The type and interval of therapy may be also required by the board independently.

c. The participant may choose the licensed substance abuse professional or other qualified professional to provide this therapy, subject to board approval.

8. Other requirements for participation in the program may include, but are not limited to, limitations in the scope of the participants mental health counseling or marriage and family therapy practice, suspension of practice, or voluntary withdrawal from practice for a specific time.

9. In the event that the participant relocates to another jurisdiction, the participant will within five days of relocating be required to either enroll in the other jurisdictions professional assistance program and have the reports required under the agreement sent to the Louisiana Professional Counselors Board of Examiners or if the other jurisdiction has no impairment professional program, the participant will notify the licensing board of that jurisdiction that the participant is impaired and enrolled in the professional assistance program. Should the participant fail to adhere to this requirement, in addition to being deemed in violation of the program requirements and corresponding consent order or adjudication, the participants license or provisional license will be suspended or revoked.

10. The participant shall notify the board office by telephone within 48 hours and in writing within five working days of any changes of the participants home or work address, telephone number, employment status, employer and/or change in scope or nature practice. The participant may satisfy the notice requirement by telephone, leaving a voice message on the boards office voicemail at times when the office is closed. A written confirmation from the participant of the phone message is expected within five working days.

La. Admin. Code tit. 46, § LX-2305

Promulgated by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 37:345 (January 2011), Amended by LR 41738 (4/1/2015).

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