Legislature to Convene April 8

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The 2019 regular Legislative Session will convene at noon, Monday, April 8. Bills currently being prefiled include a variety of issues. Below are some of those with interests to psychologists.

HB 53 by Representative Moss sets requirements for youth suicide prevention, intervention, and postvention, in-service training for school employees and services available to
students. Proposed law requires the governing authority of each public and approved nonpublic secondary school that issues student identification cards to have printed on the cards the phone numbers for the National Suicide Prevention Lifeline hotline, the Crisis Text Line, and a local suicide prevention hotline. Proposed law is applicable to charter schools. Present law requires BESE to adopt guidelines for in-service training of school employees in suicide, and the board is to identify suitable programs and requires coordination with LDH in identification of such programs.

HB 193 by Rep. Bacala revises procedures relative to students investigated for making threats of violence or terrorism. The present law provides relative to a student reported to a law enforcement agency for a threat of violence or terrorism and provides for a judicial hearing on whether the student should undergo a mental health evaluation. Present law requires the law enforcement agency to file a petition with the appropriate judicial district court for a mental health evaluation. The proposed law instead provides that if the law enforcement agency determines that the threat is credible and imminent, it shall report it to the district attorney, who may file such a petition.

HB 211 by Rep. Horton limits the number of hours per day of certain behavioral health services reimbursable by Medicaid. “CPST services” means community psychiatric support and treatment services and “PSR services” means psychosocial rehabilitation services. The proposed law limits Medicaid reimbursement for behavioral health providers who furnish CPST and PSR services by providing that the following types of providers shall be limited to a maximum combined total of 12 reimbursable hours of CPST services and PSR services per provider, per day, regardless of the number of patients seen by the provider for those services: (1) Psychologists. (2) Advanced practice registered nurses. (3) Physician assistants. (4) Licensed clinical social workers. (5) Licensed professional counselors. (6) Licensed marriage and family therapists. (7) Licensed, certified, or registered addiction counselors.

HB 237 by Rep. Chad Brown prohibits discrimination by health insurance issuers in the individual market and small and large group market based on health status, from imposing any preexisting condition exclusion with respect to the plan or coverage. And the proposed law requires a health insurance issuer to include mental health and substance use disorder services, including behavioral health treatment, and preventive and wellness services and chronic disease management.

HB 248 by Rep. Chad Brown provides for parenting coordinators in child custody proceedings. Present law (R.S. 9:358.1) authorizes the court to appoint parenting coordinators in certain child custody cases for one-year terms and apportion the cost between the parties. Proposed law authorizes the appointment of parenting coordinators prior to entering a judgment establishing custody and extends the initial term of appointment to up to two years. Present law (R.S. 9:358.2) prohibits the appointment of a parenting coordinator in family violence cases unless there is good cause shown. Proposed law instead allows the court to name a parenting coordinator when there has been domestic abuse or a history of perpetrating family violence if the parties consent after consultation with an attorney or domestic violence advocate. Present law (R.S. 9:358.3) provides the qualifications for parenting coordinators and requires three years post degree experience and 20 hours of continuing education every two years. Proposed law changes present law to five years post-licensure experience and 10 hours of continuing education and further extends the qualifications to include Louisiana attorneys.

HB 296 by Rep. Hoffmann provides for the training of peace officers and first responders with respect to interacting with Alzheimer’s and dementia patients. Proposed law requires the bureau of emergency medical services and the Council on Peace Officer Standards and Training to create a dementia training program in cooperation with the Department of Health. Provides for the creation of an initial training program and updates to the continuing education program.

HB 320 by Rep. Simon provides for student access to applied behavior analysis providers in schools. Present law prohibits a public school governing authority from denying student access to behavioral health service providers at school during school hours if requested by the student’s parent or legal guardian. Proposed law adds “applied behavior analysis providers” to present law definition of “behavioral health service provider” in order to allow access to such providers for students in school upon the parent’s request. In addition, proposed law requires public school governing authorities to make their policies available to the public, that behavioral health evaluations include recommendations for applied behavior analysis services. Provides that present law and proposed law shall not supercede present law relative to the licensing of behavioral health services providers or any regulation of the La. Dept. of Health related thereto or present law relative to the practice of behavior analysts.

HB 336 by Rep. Lyons adds certain school-based psychologists and social workers to those providers exempt from behavioral health provider licensing requirements––the Behavioral Health Services Provider Licensing Law. Proposed law retains present law and also exempts from behavioral health services licensure requirements an individual who provides school-based health services through a public school governing authority and who meets both the following criteria: (1) He is a certified school psychologist or a licensed master’s social worker. (2) He is enrolled in the La. Medicaid program under the Early and Periodic Screening, Diagnostic, and Treatment program.

HB 541 by Rep. Cox amends the Post-Conviction Veterans Mentor Program for incarcerated veterans. With regard to the purpose of the program, those veterans who are eligible and willing to participate in the program could serve as mentors for military to civilian transition services programs or to first-time offenders housed in a parish jail, and could serve as parish jail HiSET tutors. The secretary of DPS&C is to establish the Post-Conviction Veterans Mentor Program for incarcerated veterans, and adopt regulations and guidelines as it deems necessary for administration of the program. If the offender is granted parole and released, the offender shall be required to participate in all programs and services available to veterans that are determined to be necessary for the offender by the committee on parole and comply with other requirements specified in proposed law.

SB 19 by Senator Boudreaux. Present law authorizes the Louisiana State Board of Medical Examiners (LSBME) to regulate perfusionists, medical psychologists, genetic counselors, and polysomnographic health professionals. Proposed law provides that the LSBME, in addition to any other requirements established by regulation, shall require an applicant, as a condition of licensure to submit a full set of fingerprints, in a form and manner prescribed by the board, permit the board to request and obtain state and national criminal history record information on the applicant, and pay, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.

SB 78 by Sen. Martiny. Present law provides for student behavioral health services to be provided during school hours if requested and paid by a student’s parent or legal guardian. Proposed law retains present law and adds “behavior analyst” to the definition of “behavior health provider” and “evaluator.” Further includes “applied behavior analysis” in
the definition of “behavioral health services.”

SB 107 by Senator Gatti proposes that any benefit payable to a sheriff or deputy sheriff which provides coverage for temporary or permanent disability to all sheriffs or sheriff’s deputies who suffer an injury or disease arising out of and in the course and scope of their employment shall include coverage for post traumatic stress injury. Proposed law provides that the following definitions shall apply to benefit payable to a sheriff or deputy sheriff: (1) “Post traumatic stress injury” means those injuries which are defined as “post traumatic stress disorder” by the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association. (2) “Psychiatrist” shall have the same meaning as it is defined pursuant to present law. (3) “Psychologist” shall have the same meaning as it is defined pursuant to present law. Proposed law provides that any sheriff or deputy sheriff who is diagnosed by a psychiatrist or psychologist with post traumatic stress injury, either during employment or thereafter, shall be presumed, prima facie, to have a disease or infirmity connected with his employment.

SB 139 by Sen. Gatti provides for the “Louisiana Healthy Workplace Law” which prohibits workplace bullying or harassment. Proposed law provides for the following purposes: (1) To provide legal relief for employees who have been harmed, psychologically, physically, or economically, by deliberate exposure to abusive work environment; (2) To provide a legal incentive for employers to prevent and expeditiously respond to abusive mistreatment of employees in the workplace.

SB 160 by Sen. Boudreaux provides for definitions regarding opioid addiction, its treatment and those healthcare professionals certified to conduct such treatment. Proposed law provides for the responsibilities of the licensing boards for nurse practitioners and physician assistants to become certified to administer medically-aided treatments for those addicted to opioids. Proposed law provides for the outline of treatment offered for opioid addiction through the program sanctioned by the U.S. Department of Health and Human Services.

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