Opinion 001: Psychopharmacology Assessment and/or
Consultation
July 30, 1999
It is the opinion of the Louisiana State Board of Examiners of
Psychologists that it is within the scope of practice of psychology to
gain competence in the field of psychopharmacology. Psychologists who
gain competence in psychopharmacology may provide consultation to
professionals regarding psychotropic medications.
back to
TOP
Opinion 002:
Clinical/Counseling Experience
September 24, 1999 (rev. July 16, 2004)
Professional activities having a
requisite number of years of clinical or counseling experience may include
activities performed with the designated specialties of clinical,
counseling, school, or clinical neuropsychology, however, such requisite
experience shall not include internship or any other experience or
activities prior to licensure.
back to
TOP
Opinion 003:
Broadcast Assessment and/or Intervention
February 4, 2000
It is the opinion
of the Louisiana State Board of Examiners of Psychologists that although
the topic of Media Presentations is addressed in Standard 3.04 Media
Presentations further clarification of this area of practice is needed due
to the potential for harm to the public as this practice area expands.
According to Standard 3.04:
When psychologists
provide advice or comment by means of public lectures, demonstrations,
radio or television programs, prerecorded tapes, printed articles, mailed
material, or other media, they take reasonable precautions to ensure that
(1) the statements are based on appropriate psychological literature and
practice, (2) the statements are otherwise consistent with this Ethics
Code, and (3) the recipients of this information are not encouraged to
infer that a relationship has been established with them personally.
Background
It is clear that
media activity is not per se unethical. However, psychologists who
practice in this area need to be especially careful regarding potential
violation of Ethical Principles 1.03 (Professional and Scientific
Relationships) and 1.19 (Exploitive Relationships). Entertainment is
frequently the foremost purpose of broadcast mental health presentations
but the mental health professional must never allow entertainment
considerations to outweigh or dilute the principles of ethical mental
health practice. Data are not readily available on the effects of media
psychology on the consumer.
Suggestions for
Ethical Media Practice
Those who enter
this practice area are advised to be aware of ethical considerations, the
rules of the Federal Communications Commission (FCC), and suggestions for
ethical practice which have been developed by the Association for Media
Psychology. Special attention should be paid to Ethical Principle 1.19a
(Exploitative Relationships).
If participating in
a call-in format, the psychologist should assure that all calls are
screened off air and such screening procedures be developed by the
psychologist rather than the show’s producer. Whoever is responsible for
such screening should receive sufficient training, analogous to that
provided to crisis line workers, so that immediate referral to appropriate
community resources is made for those callers who need such assistance.
Disclaimers should
be developed for media shows. These disclaimers should include the fact
that the presentation is not considered to provide a therapeutic
relationship and that some individuals may be placed on hold for a period
of time prior to being heard. Note should also be made that some callers
may be referred for individual professional assistance rather than being
heard “on air.”
Media professionals
need to be aware of those areas of concern which are most likely to arise
in this setting and to be aware of their limitations of knowledge in those
areas. Typical areas of concern are marriage issues, child care and
discipline, various forms of emotional distress, issues of sexuality
including contraception, addictions, and career issues. There is also a
special need to be aware of cultural, ethnic, and special interest group
differences which may impact responses but that such group membership may
not be obvious in a call-in format.
Given the limited
contact with the person available in call-in format media work,
psychologists should avoid making suggestions for major life changes,
criticism of reported prior forms of intervention, specific diagnosis of
problems. In order to make the limitations of such presentations clear, a
standard disclaimer should be developed and aired repeatedly on the
program.
If asked to serve
as a guest on a talk show, psychologists should be clear about their
role. It is best to view the show before agreeing to participate. If the
psychologist finds that the show exploits guests this may be a situation
in which the psychologist may be in a position to influence the show’s
producers by explaining the parts of the Ethics Code which led the
psychologist to decline the offer.
Because this
practice area is relatively new, this is also an area where peer
consultation should be used in any case in which the psychologist has
questions about the ethics of the situation.
back to
TOP
Opinion 004:
Continuing
Education Clarification on Graduate Courses
August 18, 2000, Amended 5/04/01
Amended
4/29/05 Repealed 2/10/06
It is
the opinion of the LSBEP that completing a graduate course is acceptable
for continuing education (CE) credit. The number of hours of CE allowed in
this case is calculated at a ratio of 10:1 (10 hours CE credit = 1 hour
course credit).
Continuing Education credit will be acceptable for graduate courses if
they meet the criteria of 803.D.1 & 2 and 805.A.
back to
TOP
Opinion 005: Advertisement
December 8, 2000
It is the opinion of the LSBEP that
advertisement is defined as any form of public dissemination of
information, announcement, or listing of services of a psychological
nature as defined in the practice of psychology, including but not
limited to radio, television, newspaper, magazine, telemarketing,
internet, webpage, business card, stationery, flyer or brochure,
telephone, yellow pages, outdoor advertising including business signs,
building directories, billboards, etc.
It shall be
considered a violation of §709 Conduct of Supervision for any
supervising psychologist to promote the services of any supervisee via
advertisement of any nature. Violators will be subject to disciplinary
action such as suspension.
No psychologist shall
advertise services for which he is not trained or certified to perform as
documented by transcript of coursework or approved continuing education.
back to
TOP
Opinion 006: Records Retention
March 9, 2001
In light of the absence of a generally
accepted standard or rule for the retention of patient records, the
Louisiana State Board of Examiners of Psychologists establishes the
following Opinion which includes reference to the State of Louisiana RS
40:1299.96 (Supp. 1992), pertaining to health care information records and
is in accord with this statute as it applies to a “health care provider”
which is defined as a “person, corporation, facility or institution
licensed by this state to provide health care or professional services as
physician, hospital, dentist, registered or licensed practical nurse,
pharmacist, optometrist, podiatrist, chiropractor, physical therapist, or
psychologist, or an officer, employer, or agent thereof.” (RS 40:1299.41)
Records of patients who were of their
majority (generally considered eighteen years of age in the State of
Louisiana) at the time the psychologist provided services shall be
maintained in the original, microfilmed, or similarly reproduced form for
a minimum of six years past the termination date a patient was seen by the
psychologist. Records of minors should be kept at least three years past
the age of majority. If the patient was seen in an institution it is the
responsibility of the institution to maintain the records.
Individual circumstances and the
discretion of the psychologist may warrant retention beyond these times.
Retention of financial records pertaining to patients may fall under other
state or federal standards and the psychologist may wish to consult a
certified professional accountant, attorney or other financial expert.
The psychologist should be acquainted with the Ethical Standards related
to the preserving of records and data (LAC, Chapter 13, Ethical Principle
5.09) as well as other Louisiana laws related to this issue.
back to
TOP
Opinion 007: Date of
Doctoral Degree March 9, 2001
RS 37:2356.A.4 requires an applicant for
licensure in Louisiana to hold a doctoral degree with a major in
psychology from a school or college as defined in that same chapter.
It is the Opinion of the Board of
Examiners of Psychologists that the date an applicant actually “holds”
their degree is the date which is reflected on their transcript from the
school or college from which the degree was obtained.
back to
TOP
Opinion 008: Supervision of Unlicensed Assistants
March 9, 2001
The Board eliminated the procedure of
registering unlicensed assistants commencing July 1, 1998. This was not
set forth to be considered as ongoing policy, which would not change
according to trends regarding the functions of the unlicensed assistant or
the supervisor.
The Opinion of the Board is that the
supervisor shall make arrangements for supervision in his or her absence.
In the case of prolonged illness or absence, the supervisor should
designate another licensed psychologist to perform as full supervisor with
all of the responsibilities of the original supervisor. In like manner,
this means that the legal and professional responsibility for the welfare
of all clients would be transferred to the temporary supervisor.
Therefore, the same responsiblity of “functional authority” over the
psychological services, which are provided by the unlicensed assistant,
would be legally and professionally expected of the temporary supervisor.
The Opinion of the Board is that the Board would not need to be notified
of this temporary change of supervisor.
back to
TOP
Opinion 009: Presenters of Educational Services on
Psychological Topics
December 7, 2001
It is the sense of the Louisiana State
Board of Examiners of Psychologists that a person does not need to be
licensed as a psychologist in this state in order to provide educational
programs here on psychological topics. However, in order to present
him(her)self as a psychologist in this state in the course of presenting
an educational program, the person must either be 1) licensed in
Louisiana, 2) licensed in another jurisdiction, 3) a psychology faculty
member at a university, or 4) an acceptable sponsor of continuing
education as defined by LA Statute 805.
This statement assumes that the program is
educational and not therapeutic. A license to practice psychology in
Louisiana or supervision by or association with a Louisiana psychologist
would be required to conduct a therapeutic program in this state that is
either labeled as being “psychological” or in which the person conducting
it presents him(her)self as a psychologist.
back to
TOP
Opinion 010: Qualifications of a Supervising
Psychologist
June 14, 2002
It is the opinion of the Louisiana State
Board of Examiners of Psychologists (LSBEP) that in order to meet the
supervisor duties and qualifications described in Sections 701 and 705 of
the Louisiana Administrative Code, Title 46, Part LXIII, typically the
supervising psychologist shall have been licensed for a minimum of one
year and supervise no more than two candidates for licensure at the same
time. On a case-by-case basis, at the discretion of the LSBEP, exceptions
to these requirements may be granted. The LSBEP retains the right to
approve or deny any supervisory relationship
back to
TOP
Opinion
011: Psychologist Ordering Medical Tests
March 14, 2003
Revised 9/10/2004
Except for Medical Psychologists
practicing under the provisions of R.S. 37:2371-2378, it is generally
advisable for psychologists to avoid ordering medical tests. This is
particularly true if the psychologist is considered the primary caregiver.
If the psychologist is the primary caregiver and has reason to believe
there is physical pathology, referral to a physician is generally the
appropriate course of action.
back to
TOP
