Article archive / January 1, 2010
Originally published: . Volume 1, No. 5. Source pages: 3, 10.
The Psychology Board wrote to the Louisiana Attorney General (AG) requesting information. One set of questions was published in the first edition of the Times. (See Psychology Times, No. 1, page 1 & 9.) No response has been received as yet.
Another letter asked the AG about conflicts between decisions of the Psychology Board and the newly arranged Medical Psychology Committee. The Times obtained a copy of the AG’s response, dated September 28th.
Mentioned in the AG’s letter, the question from the Psychology Board was “Is there potential for conflict where the Psychology Board licenses or disciplines psychologists who may later apply to Louisiana State Board of Medical Examiners for licensure as a Medical Psychologist, and the Medical Psychology Committee must review the applicant for recommendation to the Louisiana State Board of Medical Examiners?”
And, “Is there a potential for conflict where the decisions of the Psychology Board regarding rule making may conflict with recommendations of the Medical Psychology Committee regarding that portion of a Medical Psychologists practice, which is psychology?” In the reply to Executive Director Jaime Monic, Mr. James Caldwell, by Kerry Kilpatrick, Assistant AG, wrote:
“We first note that pursuant to La. R.S. 37-2353(A), the Psychology Board is a state board ‘created within the Department of Health and Hospitals…’ The board consists of five members appointed by the governor. See La. R.S. 37:2353(A). Further, the Medical Psychology Committee is a five member advisory committee to the Louisiana State Board of Medical Examiners, created pursuant to La. R.S. 37:1360.63(A). The members of the Medical Psychology Committee are appointed by the Louisiana State Board of Medical Examiners. See La. R.S. 37:1360.63(B).
“We advise that an individual holding a position on either the Psychology Board or the Medical Psychology Committee is considered to hold ‘public office’ as defined by La. R.S. 42:1.” And, “At this juncture, we would typically begin an analysis of the law to determine if any prohibitions contained therein would prevent the simultaneous holding of the positions concerned.”
However, then the AG indicates that the “general provisions of the dual officeholding laws are here superseded by the specific provisions of law relative to the Psychology Board and provides: (5) Membership on the board of a public employee or official shall not constitute dual office holding…”
The AG then writes that this “…negates any discussion concerning the dual officeholding provisions…” but concludes with the following:
“When this office receives questions about the legality of holding two or more positions of public office or public employment, our opinion is limited to an examination of the dual officeholding laws, La. R.S. 42:61, et seq. These laws do not generally address conflicts of interest or other ethical issues which may be present in the instant matter. Rather, the propriety of a public board member’s conduct is governed by the Louisiana Code of Governmental Ethics, La. R.S. 42:1111, et seq. The Louisiana State Board of Ethics issues opinions concerning the Ethics Code; you may wish to contact the Board of Ethics at P.O. Box 4368, Baton Rouge, LA 70821, telephone: (225) 219-5600, for an advisory opinion addressing your concerns.”
This article is part of a historical newspaper archive. Read the original issue for its original layout, photographs and graphics.