Article archive / January 1, 2011
Originally published: . Volume 2, No. 5. Source pages: 1, 9, 10.
The Louisiana Attorney General rendered an opinion (#09-221) on December 2nd, 2010 that addressed questions asked by the Psycholgy Board in October 2009. (See PT, Vol 1, No 1). The board had asked a number of questions regarding Act 251 including questions about simultaneous licenses, who has what authority, and questions about conflict of interest.
Verbatim sections of the Attorney General’s opinion follow:
“Question 1: May a psychologists simultaneously be licensed with the Psychology Board and licensed as a medical psychologist with the Medical Examiners Board? More specifically, would revocation of a license or the refusal to grant a license because of licensure with another occupational board violate the constitutional or other legal rights of an individual to hold a professional license?”
The AG office said, “In response to your first question, the Attorney General’s office is not aware of any prohibition against dual licensure. La. R.S. 37:1360.55 requires as a prerequisite that an applicant for a medical psychologist’s license hold a license in good standing to practice psychology issued by the Psychology Board…” […]
“… Act 251 requires that any individual applying for a medical psychologist’s license after January 1, 2010, ‘hold a current and unrestricted license in good standing to practice psychology issued by the Psychology Board.’ Holding a general psychologist’s license is only a prerequisite to applying for a medical psychologist’s license. Once a psychologist meets all of the criteria set forth in La. R.S. 37:1360.55(B) and is approved by the Medical Examiners Board to receive a license in medical psychology, the individual will be governed entirely by the Medical Examiners Board. Since licensure as a psychologist and medical psychologist is not required, it would be duplicative to maintain a general psychology license after the psychologists has received a medical psychologist license given that the individual will be licensed and regulated by the Medical Examiners Board as a medical psychologist exclusively. Therefore, while it may be unnecessary for an individual to continue to hold a general psychology license once a medical psychologist’s license is approved, it is nevertheless the individual’s choice.”
Another question was:
“Question 2: Where a psychologist may maintain dual licensure with the Psychology Board to practice psychology and also the Medical Examiners Board to practice medical psychology, and that psychologist practices psychology under the auspices of his/her psychology license with the Psychology Board, does Psychology Board retain jurisdictional authority over that license?”
“Act 251 transfers the jurisdiction of a certain class of psychologists, medical psychologists, from the Psychology Board to the Medical Examiners Board after January 1, 2010. See La. R.S. 28:2(12.1) and 37:1360, et seq. As a practical matter, dual licensure as a psychologist and medical psychologist is not required by La. R.S. 37:1360, et seq. and may be duplicative after an individual has received a medical psychologists license since that the (sic) individual will be exclusively licensed and regulated by the Medical Examiners Board as a medical psychologist. As a result, once an applicant is granted a medical psychologist’s license by the Medical Examiners Board and does not concurrently maintain a psychologist’s license, the Psychology Board no longer has the authority to regulate the psychologist. La. R.S. 37:1360.55.”
“In the event that an individual receives a medical psychologist’s license and decides to concurrently maintain a general psychologist’s license, Act 251 is silent as to which board would have jurisdiction over the psychologist’s license. However, if dual licensure is maintained it appears that both boards would retain jurisdiction over their respective licenses. Therefore, in the situation where a professional maintains both a general and medical psychology license, the Medical Examiners Board’s jurisdiction would govern the medical psychologist license and the Psychology Board’s jurisdiction would cover the general psychologist license.
The last question covered in the opinion was:
“Question 3: Is there a conflict of interest when a psychologist2 is a member of the Psychology Board and is simultaneously licensed as a medical psychologist with the Medical Examiners Board?
Our office is unable to determine whether a conflict of interest may exist when a psychologist serving on the Psychology Board simultaneously holds a medical psychologist’s license with the medical Examiners Board. As previously stated by this office to you in Opinion 09-0216, ‘[w]hen (sic) this office receives question 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 office holding 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.’ We further recommend that you seek an advisory opinion from the State Board of Ethics on this issue.” “[2Licensure as a psychologist is a prerequisite for appointment to the Psychology Board under La. R.S. 37:2353(A)(3).]”
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