Originally published: . Volume 11, No. 3. Source pages: 7.
On February 13, the Attorney General's office issued an Opinion requested by the Louisiana State Board of Examiners of Psychologists. The board asked the Attorney General (AG) to give an opinion regarding the reporting of information the board members receive when they are reviewing complaints against psychologists and conducting investigations. Specifically, the board asked that since many are licensed psychologists, and designated as mandatory reporters for the purposes of suspected child abuse and neglect, does the board fall under this mandatory reporting law as a collective.
In the summary, the AG published Opinion: 19-0068, "The obligation of any member of the Louisiana State Board of Examiners of Psychologists as a mandatory reporter of child abuse under the Louisiana Children’s Code primes any requirement that the Board’s complaints, investigations, and disciplinary proceedings be kept confidential. The Board is not required to report final adjudications and orders finding licensees in violation of the laws and rules governing the practice of psychology, except National Practitioner Data Bank reporting requirements and insofar as a duty arises as to individual Board members under the mandatory reporting provisions of the Louisiana Children’s Code."
In the full Opinion, Assistant AG Alexander Reinboth explained that in the opinion of the Office, a mandatory reporter's duty exists notwithstanding any claim of privilege communication. And he said that the law requires any statutorily defined mandatory reporter of child abuse who has caused to believe that a child’s physical or mental health or welfare is endangered to report the suspected abuse irrespective of any claim of privilege.
"This office is therefore of the opinion that the obligation of any member of the board as a mandatory reporter of child abuse under the Louisiana children’s code primes any requirement that the boards complaints, investigations, and disciplinary proceedings be kept confidential."
The board members through their attorney also asked "whether it is legally permissible for the board to report complaints of criminal conduct and confidential information received in such complaints to law-enforcement or other state licensing bodies our other state and federal agencies with jurisdiction or shared your subject jurisdiction over allege violations."
Reinboth said that the information obtained by the board must be evaluated on a case by case basis to determine its confidentiality. He put in a footnote that one such consideration would be whether the information that issue would be subject to the protections of HIPPA. And he said, "This is a fact intensive inquiry upon which this office is not well- suited to opine."
Lastly the board asked as to whether the board has any duty to report to law- enforcement or other agencies final adjudications and orders.
“This office was unable to locate any specific requirement that the board must make such reports on its own motion," and so concluded that this type of report is not required except for the National Practitioner Bank.
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