Senator Beth Mizell’s “Fairness in Women’s Sports Act,” becomes law this week after the Governor declined to veto or sign the measure. The new law, Act 283, will have the effect of  prohibiting transgender females, those assigned as male at birth, from competing in traditional women’s sports.

In a June 6 letter to the President of the Louisiana Senate, Governor Edwards, who had signaled  that he would veto the measure, explained his reasons. “[…] after passing this legislation  overwhelmingly in two consecutive regular legislative sessions, it is clearly the will of the  legislature that this bill become law.

Further, it is clear to me, both from the support for this bill and from private conversations with legislators, that Senate Bill 44 would have become law regardless of my action on it.”

Sen. Mizell’s bill passed the Senate by 32 to 6 and the House by 72 to 21. A similar effort failed,  by two votes, to override the Governor’s veto in 2021.

According to the final digest, Act 283 requires an athletic team or sporting event sponsored by  an elementary, secondary, or postsecondary educational institution to be designated, based  upon the biological sex of team members, as only one of the following: “(1) A males, boys, or  mens team or event only for students who are biological males. (2) A females, girls, or womens  team or event only for students who are biological females. (3) A coeducational or mixed team  or event for students who are biological males or biological females.”

Also according to the digest, nothing in new law is intended to prevent any school from  implementing or maintaining a coed athletic team or sporting event which is open to both  biological males and biological females so long as a female athletic team or sporting event is  not disbanded for the purpose of creating a coed team or event which would thereby result to  the detriment of biological female students. And also nothing in new law shall be construed to apply to an intramural athletic team or intramural sport.

In his June 6 letter, Governor Edwards expressed his feelings about the legislation. “Despite it becoming law,” he said, “I stand by my position on this issue over the last several years as it has  been debated. This legislation unfairly targets vulnerable children who are already struggling  with gaining acceptance in every aspect of their lives.“

“It is unconscionable.” Gov. Edwards wrote, “to have these organizations year after year  continue to push the same legislation to capitalize on this issue at the expense of these children who are just trying to learn how to live their everyday lives,” he said.

“It is my sincere hope that we as a state become more educated about our transgender  community and the difficult and unique challenges they face. We should strive to be better and  more understanding.”

Mizell’s bill highlights the crossroads of transgender individuals’ rights and the rights of  biological female athletes. The issue has galvanized both the political left and right across the  country.

The American Psychological Association opposes these measures, stating, “Transgender  children vary in athletic ability, just as other youth do. There is no evidence to support claims  that allowing transgender student athletes to play on the team that fits their gender identity would affect the nature of the sport or competition.”

The Louisiana Psychological Association opposed the 2021 SB 156 and the Louisiana School Psychological Association labeled the 2021 bill as discriminatory saying, “SB 156 runs counter to our obligation to support all students’ dignity and privacy, particularly those with transgender  and gender diverse backgrounds.”

In a June 24 press release, Gov. John Edwards issued a statement about the Dobbs v. Jackson Women’s Health Organization ruling by the United States Supreme Court, which overturned  Roe v. Wade.

Gov. Edwards said, “I am and have always been unabashedly pro-life and opposed to abortion. However, I understand that people on both sides of this complex issue hold deeply personal  beliefs, and I respect that not everyone, including many in my own party, agrees with my position.

“While we are still reviewing the decision issued by the Court this morning, Louisiana has had a  trigger law in place since 2006 that would outlaw abortion, without exception for rape and  incest, should the United States Supreme Court overturn Roe v. Wade.

“I asked the Legislature to include exceptions for rape and incest in the legislation most recently passed. While the bill that passed expanded the exceptions from the 2006 law to include  instances of medical futility and treatment of ectopic pregnancies, these important exceptions  were not included.

“As I have said many times before, I believe women who are survivors of rape or incest should  be able determine whether to continue with a pregnancy that is the result of a criminal act.

“And, to be clear, the legislation I recently signed protects all forms of contraception, including emergency contraception, which remains fully legal and available in Louisiana.

“Being pro-life  means more than just being against abortion. It means providing the necessary resources and implementing policies that provide real options and not just lip service to the children, women,  and families we are blessed to serve. Now more than ever, it’s critical that Louisiana funds  services to support women, children, and families throughout their lives, which is why I have  expanded health care through our Medicaid program and lobbied for measures to make sure workers are paid better and more fairly. It’s also why I’ve supported better funding for  Louisiana’s public education system, including early childhood education. I believe all people  should have the opportunity to succeed and that starts with providing a strong foundation early in life.

“Make no mistake, there is much more that we can do to support women, children, and families, and I hope that my fellow pro-life public officials will join me in these efforts in the  coming months and years.”

Along with the U.S. Department of Commerce’s National Telecommunications and Information  Administration (NTIA), Governor Edwards announced that Louisiana will participate in the  “Internet for All” initiative, a program designed to provide high-speed internet for all Americans at an affordable cost. The initiative, which will build internet infrastructure, provide pertinent  technology, and teach digital skills to community members, will invest $65 billion in the project  and will be funded through the Bipartisan Infrastructure Law.

“Partnering with Commerce/NTIA will allow Louisiana to achieve what we thought was  impossible. We will now have the financial resources necessary to once and for all eliminate the  digital divide in Louisiana. We are grateful to both Secretary Raimondo and Assistant Secretary Davidson of NTIA for their leadership and partnership. Over the past several years, our Broadband Office (ConnectLa) has worked hard to align resources between federal, state, and  local officials to take full advantage of this historic broadband funding opportunity. We look forward to partnering with the people of Louisiana to make closing the divide a reality,” said  Gov. Edwards.

Louisiana plans to invest $5 million in planning funds, and each state will be awarded support  from dedicated NTIA staff to catalyze and complete the project. Each participating state will  receive at least $100 million in funds to help implement the scope of the project.

“Generations before us brought electricity to rural America and built the interstate highways,”  said Alan Davidson, Assistant Secretary of Commerce for Communications and Information. “Our generation’s task is to connect all Americans online. […]”

Louisiana Department of Health (LDH) Office of Behavioral Health (OBH) announced it is expanding opioid use disorder treatment in the Northwest and Northshore regions of  Louisiana. Accessible, evidence-based, 24/7 treatment is now available in Shreveport and is  coming to Hammond in June of this year. These areas were chosen because of their high rate of  opioid prescriptions and are available at Behavioral Health Group (BHG) Shreveport, 1303  Line Avel, Suite 600, by calling 844-535-7291. Between 4:00 a.m. and 5:00 p.m., services are  provided by calling 318-349-2451.

These new services are made possible by the expansion of funds earmarked to increase the workforce in these areas and come from the federal entity, Substance Abuse and Mental Health Services Administration (SAMHSA) through the Louisiana State Opioid Response (LaSOR) 2.0  Grant. The LDH has developed a business plan designed to combat opioid substance abuse by  providing outpatient treatment utilizing Medication for Opioid Use Disorder (MOUD), supplying  clients with effective, evidence-based treatments that allow them to live their daily lives.

Currently, almost all Opioid Treatment Programs only provide treatment during daytime hours.  This can be detrimental to individuals battling opioid addiction. “The road to recovery is  different for everyone, and for some that may require unconventional hours to accommodate  those with young children or who work on later shifts. We are proud to expand around-the- clock opioid treatment in Louisiana, meeting families where they are when they most need it,”  said LDH Secretary Dr. Courtney N. Phillips.

According to federal research done in 2019, only 1 in 20 Louisiana residents affected by opioid addiction received the help they needed that year. The national average is 1 in 9. “For those  seeking help for the first time, the need for care often strikes at night,” said Natashia Cheatham, regional director of operations for BHG. “Waiting for the nearest treatment center to open can  be a matter of life or death for people living with opioid use disorder (OUD). We are looking  forward to working with the Caddo Parish community to provide the full spectrum of opioid  treatment services.”

Authors from the Lancet’s, “Responding to the Opioid Crisis in North America and Beyond: Recommendations of the Stanford-Lancet Commission,” published in February, said that in the  USA and Canada, 2020 was the worst year on record for fatal opioid overdoses. The US overdoses rose 37%.

The Centers for Disease Control and Prevention (CDC) said that provisional data analysis estimates for the 12 months ending in May 2021, there were 75,387 deaths from opioid  toxicity.

Opioids—mainly synthetic opioids (other than methadone)—are currently the main driver of  drug overdose deaths, said the CDC, with 72.9% of opioid-involved overdose deaths involving synthetic opioids. And, overdose deaths involving psychostimulants such as methamphetamine  are increasing with and without synthetic opioid involvement.

Also in February, Medscape reported a surge in the rate of Black Americans dying from a combination of opioids and cocaine, an increase of 575%. The rate for White Americans  increased by 184%

HB 278 by Rep. Echols passed the House on April 27 with a vote of the 98 to 0. It was received in the Senate and placed on the calendar.

The measure provides requirements for the Psychiatric Collaborative Care Model and requires mental health or substance abuse benefits for services delivered through the model. The bill is pending in the Insurance Committee.

The proposed law requires a health coverage plan delivered or issued for delivery in this state  that provides mental health and substance abuse benefits to reimburse for such benefits that  are delivered through the psychiatric Collaborative Care Model. The model includes the current  procedural terminology (CPT) billing codes 99492, 99493, and 99494.

The new proposed law requires the commissioner of insurance to update the CPT codes if there are any alterations or additions to the billing codes for the Collaborative Care Model.

Proposed law authorizes a health coverage plan to deny reimbursement of any CPT code  provided in proposed law on the grounds of medical necessity, provided that such medical  necessity determinations are in compliance with certain federal and state law.

Defined are: (2) “Mental health or substance abuse benefits” means benefits for the treatment  of any condition or disorder that involves a mental health condition or substance use disorder  that falls under any of the diagnostic categories listed in the mental disorders section of the  current edition of the International Classification of Diseases or that is listed in the mental  disorders section of the most recent version of the Diagnostic and Statistical Manual of Mental  Disorders. (3) “Psychiatric Collaborative Care Model” means the evidence-based, integrated  behavioral health service delivery method described in 81 FR 80230. 

Senator Beth Mizell’s “Fairness in Women’s Sports Act,” was reported out of committee with amendments and voted on by the full Senate on April 19. The measure passed by a vote of 29  to 6. The proposed law, SB 44, will have the effect of prohibiting transgender females, those  assigned as male at birth, from competing in traditional women’s sports.

Gov. Edwards vetoed the same measure last year and foiled the Legislature’s attempt at an  override in a special session. Regarding this new effort, the Governor said, “I don’t think you all  have ever heard me announce from this podium before a bill gets to my desk that I’m going to  veto it because I always think that there’s an opportunity and a path forward to working things  out,” he said. “So that may not be necessary, but I will tell you that my views haven’t changed.”

According to the SB 44 digest, the “Fairness in Women’s Sports Act” requires an athletic team or sporting event sponsored by an elementary, secondary, or postsecondary educational institution to be designated, based upon the biological sex of team members, as only one of the following: (1) A males’, boys’, or men’s team or event only for students who are biological males.
(2) A females’, girls’, or women’s team or event only for students who are biological females. (3)  A coeducational or mixed team or event for students who are biological males or biological females.

Among other provisions, the proposed law provides that certain persons are entitled  to legal causes of action and legal remedies under proposed law. A biological female student  who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or  indirect harm as a result of a violation of proposed law.

The proposed law provides that requiring a biological female to compete against a biological male on a team that is designated as a “female”, “girls'”, or “women’s” team is inherently discriminatory to biological females and is a cognizable harm under proposed law.

In the 2021 Session, Senator Mizell’s SB 156, easily passed both the Senate (29–6–4) and the House (78–19–8).

But on June 22, 2021, Gov. Edwards announced he had vetoed the bill, stating “… discrimination  is not a Louisiana value, and this bill was a solution in search of a problem that simply does not  exist in Louisiana.” And, “Further, it would make life more difficult for transgender children, who are some of the most vulnerable Louisianans when it comes to issues of mental health.”

On July 20 the Legislature convened a veto override session for the first time since the 1974 constitution. Sources report a primarily reason for the session was to override the veto on  Mizell’s SB 156.

The Senate narrowly overcame the veto with a 26–12–1 vote. However, the House vote, 68–30- 6, fell two votes short of the super majority needed to override the Governor’s veto.

The text of the currently proposed law states: “A recent study of female and male Olympic performances found that, although athletes from both sexes improved over the time span, the athletic gender performance gap between female and male performances remained stable.  These studies suggest that women’s performances at a high level will never match those of  men.”

Mizell’s bill highlights the crossroads of transgender individuals’ rights and the rights of biological female athletes. The issue has galvanized both the political left and right across the  country.

The American Psychological Association opposes these measures, stating, “Transgender  children vary in athletic ability, just as other youth do. There is no evidence to support claims  that allowing transgender student athletes to play on the team that fits their gender identity  would affect the nature of the sport or competition.”

The Louisiana Psychological Association opposed the 2021 SB 156 and the Louisiana School 
Psychological Association labeled the bill as discriminatory.

A Request for Investigation, stating that members of the Louisiana State Board of Examiners of Psychologists are operating outside of their area of competence in regard to selection-testing  and racial discrimination, was rejected by the Board. In a letter dated March 7, Ms. Jaime Monic, the Executive Director, said that the members do not have jurisdiction over themselves. Also,  she said, they are not engaged in the practice of psychology as board members. However, they  are open to reviewing this issue, Ms. Monic wrote.

The psychologists who submitted the request, Drs. William Costelloe, Julie Nelson, and Marc Zimmermann, are all business psychologists who have extensive experience with high stakes  selection testing in the private sector. In their request for an investigation submitted in January,  the three said, “There is evidence that confirms that the EPPP has adverse impact against  African-Americans and Hispanics. […]

“Once adverse impact has been shown for a test it is improper to ignore the selection problems.
Furthermore, the way in which the test is used by the Board members drives up adverse  impact. As just one example, the use of a hard cut off, and one that sets a higher bar  considering the restricted sample, on a test with proven adverse impact, is an error in  professional selection testing design.”

The March 7 letter noted:

“Dear Dr. Nelson, Dr. Costello and Dr. Zimmermann, On January 11, 2022, the office of the  Louisiana State Board of Examiners of Psychologists (LSBEP) received your Request for  Investigation form and a statement of complaint against current LSBEP Board Members. Please  be advised that individual members of the LSBEP in their capacity as board members do not  have jurisdiction to initiate a formal investigation or action against themselves under the  authority of La. R. S. 37:2351 et al. All current Board Members meet the requisite requirements  established by the Louisiana Legislature under Chapter 28 of Title 37 of the La. Revised Statutes  to serve the LSBEP and are uniquely qualified to carry out this authority by way of their service,  teaching, training, or research in psychology, degree and licensure as outlined under the  provisions of La. R. S. 37:2353 et al. However, Board Members are not engaged in that which is defined as the ‘practice of psychology’ in their work as a Board Member.

“In consideration of the above, your Request for Investigation of the Board Members is rejected. However, the LSBEP will consider your concerns, “…that the EPPP has adverse impact against African-American and Hispanic populations“, including your concerns regarding LSBEP‘s continued use of the EPPP (Part I – Knowledge) as a tool to assess professional knowledge as  required under R. S. 37:2356. (A)(7). This review is consistent with LSBEP’s statutory authority  and its ongoing endeavors to increase multicultural awareness through assessment of  candidates for licensure and continuing education offerings provided to all licensees who are  involved in direct client services to ensure public protection.

“You will be notified in writing of the final disposition of this matter on completion of the review. If you have any documentation, including peer reviewed articles, valid documentation or studies to support your claims, and/or alternate valid assessments that measure entry level  professional knowledge that should otherwise be considered, please forward that information  directly to the office of the Louisiana State Board of Examiners of Psychologists at 4334 S. Sherwood Forest Blvd., Suite C – 150, Baton Rouge, LA 70816. Due to security and resources,  emails or email attachments will not be accepted or downloaded for consideration in this  matter.

“Thank you for calling our attention to any practices that raise concern regarding the practice of the profession. Sincerely, Jaime T. Monic, Executive Director”

According to Dr. Zimmerman,  copies of Dr. Sharpless’ two articles on the adverse impact of the EPPP have been sent by US  mail to the Board and more information will be sent to them for their study of the issue.