Category Archives: News Stories

Resilient Louisiana Commission Makes Recommendations

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In a November 20 press announcement, Co-Chairs Don Pierson and Terrie Sterling and
other Resilient Louisiana commissioners released their report of long-term recommendations for creating a more resilient Louisiana. Following the COVID-19 outbreak, Gov. Edwards created the Resilient Louisiana Commission to determine ways the state can better protect itself against disruptions, such as public health emergencies and natural disasters.

The report, Comprehensive Game Plan for a More Resilient Louisiana , highlights those
recommendations based on input from over 300 citizens serving on the Resilient Louisiana Commission and its 15 task forces. Public input guided the months-long process.

“We are pleased to receive this comprehensive guide for making Louisiana a more resilient, successful state in the face of challenges that come our way,” Gov. John Bel
Edwards said. “As leaders, we need to embrace the spirit and intelligence of this document and take action to make Louisiana stronger. Public health, safety, education,
infrastructure, workforce, the economy and the future of our children are all at stake. I
encourage elected officials, the general public and our private sector to join me in acting upon the important recommendations of the commission.”

Pierson, who serves as Louisiana Economic Development’s cabinet secretary, and Sterling, a healthcare management consultant and CEO, lead the 18-member Resilient Louisiana Commission that provided near-term recommendations in May for safely reopening the economy during the COVID-19 public health emergency. The new report reflects the commission’s second major duty: recommending long-term steps to resiliency, according to the announcement.

“Access to healthcare is broader than bricks and mortar,” Co-Chair Sterling said. “It is
important to create systems and structures to support the health of our citizens, as we
certainly may face pandemics and public health challenges in the future.”

The commission’s long-term recommendations include making strategic investments in public health infrastructure and programs to enhance the well-being of Louisiana residents, with a focus on healthy food programs, rural hospital stabilization and access to broadband internet statewide that can improve education and telemedicine services.

Other recommendations include creating an Office of Social Equity to address gender equity, housing, homelessness, and community vulnerabilities; expanding economic inclusion through the creation of an Office of Rural Development, through a living wage initiative, through incentives that promote equitable economic opportunity, and through increased business opportunity for women, minority and veteran entrepreneurs.

In addition to prioritized investment in early childhood education, transportation infrastructure, more resilient utilities, and better training pathways to jobs, the
commission recommends tools to produce better outcomes in higher education, along
with fiscal reforms to simplify and broaden the state’s tax structure.

Return to Phase 2 for December Says Governor After Cases Rise

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Last week Gov. Edwards announced that the aggressive third surge of COVID-19 across
all regions of Louisiana has made it necessary to impose tighter mitigation measures and step back to Phase 2 in order to protect public health. The Governor intends to keep these restrictions in place at least through the end of the year.

A November 12 ruling by Judge William Morvant in the 19th Judicial District Court, found that a petition filed by some Republican members of the Louisiana House of Representatives to overturn the Governor’s COVID mitigation strategies, was moot and that the law used to submit it was unconstitutional.

The Governor’s updated Phase 2 proclamation calls for reducing occupancy at some businesses, decreasing gathering sizes, limiting indoor consumption at many bars and urges everyone in Louisiana to avoid gatherings with people outside of their everyday
households.

Louisiana’s statewide mask mandate, which has been in place since mid-July, will continue. In addition, Gov. Edwards encourages any business that can allow its employees to work remotely to do so. He has directed all state agencies to do the same.

“There is not a single region of our state that is not seeing increases in new cases, hospitalizations and growing positivity of COVID tests, and I am incredibly concerned by
Louisiana’s trajectory and our ability to continue to deliver health care to our people if our hospitals are overrun with sick patients,” Gov. Edwards said.

“The data clearly tells us that we have lost all of the gains we had made and that our current mitigation efforts must be increased in order to adequately slow the spread.

On November 20, the Gov. sent a letter to newspapers statewide and released a video
urging all Louisianans to take COVID-19 seriously this holiday season as Louisiana
enters its third surge with increasing cases of coronavirus and hospitalizations.

“Healthcare workers in hospitals across Louisiana are extremely worried about their
staffing and capacity levels not being able to keep up with the growing number of citizens being diagnosed with COVID-19 and being hospitalized. They need us all to do our part to slow the spread,” said Gov. Edwards. “This third surge we are experiencing is worse than the others, and it is so concerning that the Centers for Disease Control has asked that all holiday travel plans be canceled. This year’s holiday celebrations should not look like those from last year. The risk is too great. I know that we want to be together for the holidays, but we need to protect each other and make the sacrifices now so that we can come together when it is much safer.”

Major changes to Louisiana’s COVID-19 restrictions include:

All Louisianans are encouraged to avoid gatherings of individuals not part of their households.
All businesses, private and public sectors, are encouraged to use remote work where
they can.
All restaurants are limited to 50% of their indoor capacity. Restaurants should move as
much dining outdoors as they can. Social distancing is required.
Places of worship will remain at a maximum of 75% of their capacity or the number of
people who can physically distance with at least six feet between each immediate
household.
Barber and beauty shops, and nail salons may open at 50% of their capacity.
Movie theaters may open at 50% of their capacity.
Indoor gatherings at event/receptions centers are limited to 25% capacity or up to 75
individuals.
Outdoor gatherings at event/reception centers are limited to 25% capacity or up to 150
individuals when strict physical distancing is not possible.
All sporting events will be capped at 25% capacity.

For complete guidance on the new Phase 2, visit the Open Safely portal
at opensafely.la.gov.

Dr. Sonia Blauvelt Helps Lead Suicide Prevention Project for Southeast La

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The Mental Health Association for Greater Baton Rouge is implementing a
COVID-19 Emergency Response for Suicide Prevention Project in southeast Louisiana to help contain the expected increase in mental health problems for Louisiana citizens. The project includes several components and Baton Rouge psychologist, Dr. Sonia Blauvelt, is leading the suicide prevention program.

The announcement from the Association noted that: Socially and financially disadvantaged families are more vulnerable to stresses and traumas, and the risk
for mental health problems and domestic violence increases after families face
extreme adversity, such as those related to COVID-19 disruptions and trauma.

Blauvelt explained, “We identified these areas of southeast Louisiana as
having high rates of COVID19 infection and deaths, high rates of intimate partner violence, and poor health outcomes overall,” she said. “These factors leave individuals even more vulnerable to deterioration in mental health in addition to having limited resources.”

The project is funded by Substance Abuse and Mental Health Services Administration and managed through the Louisiana Department of Health, Office of Behavioral Health.

There is a great need for community based services for people with suicidal thoughts
and behaviors,” said Blauvelt, “and we hope this program will reduce the high level of
hospitalizations and inpatient stays for people who experience higher risk of suicide.”

In her role, Blauvelt helps case managers implement the suicide case management program and she will provide clinical supervision and intervention when necessary. “I also work to partner with general hospitals and mental health hospitals in the regions
we are serving to identify individuals who may need suicide prevention services so that we can get referrals to our program,” she said.

Dr. Blauvelt is a licensed clinical psychologist in private practice in Baton Rouge. Her PhD is from Louisiana State University and she interned at the Charlie Norwood VA/Medical College of Georgia in Augusta, Georgia where she specialized in treating
Veterans with military sexual trauma. She currently treats PTSD, trauma-related disorders, and anxiety disorders, with special attention to cultural factors related to mental health.

Dr. Blauvelt is working closely with LSU assistant professor of psychology, Dr. Raymond Tucker, who founded the LSU Mitigation of Suicidal Behavior research laboratory. He is clinical assistant professor of psychiatry at LSUHSC/OLOL, and trains medical staff/students in suicide-specific assessment and intervention protocols.

Dr. Tucker is also the co-director of the National Suicidology Training Center where he
provides training on suicide-specific interventions, including suicide safety planning,
post-vention programming, and motivational interviewing for suicide prevention.

Dr. Tucker said, “In tandem with Frank Campbell and the National Suicidology Training Center, I have helped develop the suicide case management program and train peer support providers and other staff at the Mental Health Association in this program,” he said.

“The program uses a variety of clinical and follow-up techniques that have been found to reduce risk for suicide in adults after receiving care in emergency facilities. The program particularly uses the Safety Planning Intervention and Caring Contacts to help support at-risk adults as they get setup and started with outpatient clinical services. My
own research, in collaboration with researchers at VA Puget Sound in Seattle, has investigated specific ways of using Caring Contacts after people leave acute care facilities and best practices for how to create these contact cards,” he explained.

The COVID-19 Emergency Response for Suicide Prevention Project includes four main components, according to the Mental Health Association (MHA).

Case Management for individuals who have attempted suicide or are identified as having chronic suicide ideation. This includes all of the following elements – screening,
assessment, safety planning and means restriction, discharge planning, transition care, warm hand offs to treatment or community organizations.

Another component is First Responder and other Health Care Professionals Suicide Prevention Training, partnering with the National Suicidology Training Center to provide more trainings on suicide prevention and Postvention strategies for first responders and providers across the state.

For Suicide Prevention Training for the general public, the Association is partnering with
the American Foundation for Suicide Prevention Louisiana Chapter to provide statewide
suicide prevention training for the general public, including both safe Talk and ASIST
prevention training.

The fourth component is Suicide Prevention Outreach to Domestic Violence Victims. The Association is partnering with Southeastern Louisiana University, Discovery/Renew Family Resource Projects to establish an advocative role for domestic violence victims and establish a relationship with shelters and other domestic violence coalitions and resources to address trauma.

One challenge for Dr. Blauvelt and Dr. Tucker is getting the word out and networking.

“A major difficulty is networking with all the different hospitals and clinics in the area to ensure that the program is known, understood, and offered to the correct patients,” said Tucker.

“I echo Ray’s sentiments,” said Blauvelt, “about difficulty networking and ensuring that only eligible people are referred. Although we have hired and trained half of the staff needed to begin services, we continue to recruit case managers/peer support specialists to finalize our team. It is a challenge to hire the right individuals to do this critical work. We are confident we will have a full team soon,” she said.

“We are actively accepting and seeking clients in the program. MHA continues to finalize formal agreements with community partners necessary to fully implement this program. The training element of this grant is also underway. The National Suicidology Training Center has completed two first responder trainings. The National Foundation for Suicide Prevention, Louisiana Chapter has also completed two trainings to the general public,” Blauvelt explained. “MHA is also working with the Family Resource Center in Southeastern University to target victims of domestic violence who are at greater risk for suicide.”

Dr. Tucker said, “We hope a program like this is a part of growing community efforts to
prevent suicide in Louisiana.”

[For additional information contact Dr. Blauvelt at https://www.drblauvelt.com/]

Psychologist Blows Whistle on New Orleans VA Procedures

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A New Orleans psychologist was at the center of a CBS News investigative report that
aired last month finding that the New Orleans VA may not have been diagnosing enough veterans so that they could be treated adequately for traumatic brain injury (TBI), the signature wound of the Afghanistan and Iraq wars.

CBS investigative reporter Jim Axelrod broke the story, “Whistleblower says veteran
affairs dramatically under diagnosed traumatic brain injuries.” Louisiana
psychologist Dr. Frederic Sautter was key to the report.

Go to CBS online for the full report.

Axelrod reported on the heartbreaking story of Army Sergeant Daniel Murphy
who served five decorated combat tours in Afghanistan and Iraq. Murphy
specialized in detonating explosives and was honorably discharged in According to the
report, Murphy suffered both physically and psychologically. “He had the classic symptoms of posttraumatic stress disorder –insomnia, anxiety, and a feeling that the
enemy was lurking around every corner,“ said Axelrod.

According to the CBS report, VA sources confirmed that Murphy screened positive for
traumatic brain injury (TBI) in 2017. However, he did not receive a final TBI diagnosis or treatment. Two months later he took his own life at 32 years old.

The report notes that suicide is twice as high in veterans with TBI than in those with PTSD only.

Cases like Sergeant Murphy’s haunted Dr. Sautter, said Axelrod. Dr. Sautter retired recently from the VA, but until that time he headed up the family mental health program at Southeast Louisiana Veterans Health Care System in New Orleans. Dr. Sautter saw hundreds of vets coming home from the Iraq and Afghanistan conflicts and began to become suspicious that they were not being properly assessed for TBI, said the CBS reporter.

Sautter told Axelrod that many of his patients, who were suffering from PTSD, appeared to also be presenting symptoms of traumatic brain injury. However, they had not been diagnosed or treated for the injury and this was a concern to him. So, Sautter set out to try and understand what was happening and he did his own research into the numbers.

According to Axelrod’s investigation, the VA protocol requires that all Iraq and Afghanistan veterans are screened for TBI and a positive screen then leads to further evaluation. Reporting on internal documents from the VA, Axelrod noted that most vets who receive a positive screen are ultimately diagnosed with TBI.

CBS found that 60% to 80% of patients who are positive on the screening, across all the VA hospitals, are ultimately diagnosed and receive treatment for TBI.

However, Dr. Sautter found that at the New Orleans VA this number was only 18%.

According to the report, Dr. Sautter brought his results and list of the veterans who had slipped through the cracks to colleagues at the Pain Management & Rehabilitation (PM&R) division at the VA. A nurse at the division, Priscilla Peltier, told CBS that “There was absolutely no treatment being provided to them.”

In October 2017, Peltier presented a plan to her boss, the chief of PM&R, Dr. Robert Mipro, for contacting the veterans on the list. Peltier told CBS that Dr. Mipro responded that the list was not their concern and to “lose the list.”

Dr. Sautter insisted that the VA to investigate his concerns first through the Inspector General and then through the Office of Special Counsel.

CBS said the Office of Special Counsel ordered an investigation by the VA Medical Inspector and produced a report in March 2019. CBS said that the report was not made public but confirmed the New Orleans relatively low TBI diagnosis.

However CBS then contacted a VA spokes person who said the Medical Inspector’s report had used “bad data” and that the TBI diagnosis rates in New Orleans were in line with the national average.

Dr. Sautter is not optimistic about changes at the VA. “No one on staff will convince VA to change their practice and take responsibility,” he explained to the Times last week.

“Their focus is on their image and maintaining good numbers. The current PM&R staff is quite good. The issue is prior patients not receiving evaluations need to be contacted and assessed,” he said.

“I am now retired from VA and have a private practice. There have not been negative consequences for me except the anxiety of the experience and disappointment at the total denial by the institution and alienation from the institution,” he said.

Dr. Sautter was the Manager of a Family Mental Health Program at a VA Med Center for many years, and treated hundreds of couples and individuals. He is an expert in traumatic stress and relationship problems and has treated hundreds of combat veterans to help them overcome a variety of stress problems, providing compassionate evidence-informed care to individuals that have had to endure immense emotional pain, according to Psychology Today’s provider information.

Asked how it was to work with CBS News, he said, “CBS was very professional, vetted everything with attorneys, and put a great deal of effort into it. They were impressive.”

Has he experienced retaliation? “I feel like I did the right thing and veterans have communicated appreciation,” he said. “The reaction of the institution was total denial. I would never encourage anyone to do it unless they were in the later stages of career and could accept leaving the institution (VA). The nurse who complained was retaliated against but I never felt like anyone was going to try to intimidate me.”

His thoughts for other psychologists? “If important protocols are not enacted it is
your duty to report it. Do not expect gratitude from anyone at the institution but it is very satisfying knowing that you stood up for what you believe in,” he said.

Are Money Problems Behind the Psychology Board’s Latest Legislation?

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by Julie Nelson

In the last week of February, the state psychology board surprised the community when they circulated a memo that the board would be putting forth legislation in the 2020 session. The memo cast the legislation as “housekeeping,” but the sweeping changes they wanted were anything but.

By March, Senate Bill 458 had been filed, 23-pages that detailed an ambitious set of changes to the Psychology Practice Act. The changes included expanding the board’s
own charter, creating new qualifications for serving, authorizing the board to conduct continuing education, exempting the board from Open Meetings Law in certain
situations, and redesigning the position of the Executive Director.

But the most financially significant change was the board’s goal to register psychological assistants, creating new regulations and fees that could double or even triple costs for some psychologists, especially those in small businesses.

Similar to other past legislative goals by the board, the plan was essentially kept from the public. Why the secrecy? Why bypass rulemaking? Why more legislation?

In this article, we examine the possible issues behind the odd behaviors of the Louisiana State Board of Examiners of Psychologists (LSBEP).

LSBEP’s Ongoing Financial Problems

Posted under “Performance” for 2019, LSBEP data from the Boards and Commissions website gives strong hints to the underlying reason that the board might be looking for more money from the registration of psychologists’ assistants. They noted:

“The Board is planning to engage in rule-making this FY that will impact revenue in FY2020-21 and include requiring the registration of assistants to psychologists providing
psychological services to clients under the supervision of a licensed psychologist and begin pre-approval of continuing professional development activities. A financial analysis for
the impact of these initiatives is being conducted and an amendment to the projected 2020-21 Budget is anticipated.”

The board’s financial problems are long standing, they have been running deficits since 2014.

Based on the financial tracking data, the LSBEP stayed within budget for most years and carried a “fund balance” of around $100,000. A source at the Legislative Auditor’s office said the fund was a surplus or reserve.

For 2014, the board took in $262,582 and spent $249,517. Legal services were $37,882. The fund balance had a surplus of $144,709.

In 2015, the board received $263,691 in fees and spent $275,147. Legal services increased to $56,002. The fund balance was listed at $120,188.

However, in 2016 budget tracking indicates a fund deficit of $214,818.

In a June 2016 Report, the Louisiana Legislative Auditor found the LSBEP to have inadequate controls over financial matters during the 2014–2015 period. The Auditor found a lack of business and accounting functions, and reported there were inadequate segregation of duties and lack of supporting documentation, inadequate controls over employee payroll and leave, inadequate controls over debit and credit cards, and inadequate controls over travel and meals expenses.

It is not clear from the Auditors report how the board went from a surplus to a deficit between 2015 in 2016. However, also in 2016, the board spent $336,677, while proceeds remained steady at $265,945. Legal services rose to $104,894.

In 2017, legal services shot to $149,774, and the fund balance became a deficit of $352,395. In total, the board took in $272,833 and spent $408,388.

For 2018, the board collected $299,599 and spent $307,003. Legal services dropped to $40,826. The fund balance was a deficit of $359,799.

Last year, in 2019, the board took in $310,023 and spent $212,640, with legal services at $61,182. The fund balance dropped to a deficit of $262,415.

But projections for 2020 point to new problems. Salaries are projected to go from $85,727 in 2019 to $168,787 in 2020. The board is estimated to take in $329,831 and spend $366,236. Legal services are estimated at only $57,509, but the fund balance is still a deficit at $298,820.

And, for professional services there is a category for “Others” that increases from $8,620 in 2019 to $43,499 in 2020. Salaried employees in 2019 is listed at $61,569, but increased to $93,200 for 2020.

In summary, between 2019 and 2020, expenditures are set to increase by 72%. (See figure.)

The Expensive “Complaints Committee”

The LSBEP conducts two main duties as a board––approving new licensees and administering discipline. New licenses are handled by the volunteer board members and the salaried Executive Director.

However, the complaints subcommittee is designed to conduct its affairs without board members’ oversight. This arrangement leaves volunteer board members free of any bias if they are then required to participate in a disciplinary hearing.

The Rules and the internal Policies and Procedures confirm this: “The LSBEP in accordance with the La. Admin. Code, 46:LXIII.1501.C. hereby delegates authority to a Complaints Committee which may consist of the Compliance Officer, a complaints coordinator, an investigator, legal counsel, and one or more Board members […]”.

The LSBEP has both employees and contractors. For 2020, two employees are listed: The Executive Director at $62,400.00, and the Compliance Investigator at $46,200.00. With related benefits for 2020 coming to $62,537, this brings the salaried employees to
a total $168,787 for 2020. Aside from student workers there are no clerical employees or others listed.

Contract employees include contracts for a Complaints Coordinator (approved for up to $36,000); Prosecuting Attorney ($50,056); Investigator ($12,000); and General Counsel
($45,000).

According to the Policies for the complaints subcommittee, “The Executive Director oversees the functioning of this committee and may serve on the Complaints Committee if necessary.” And, “The Executive Director or Compliance Officer is authorized and empowered to assign per case, individuals who are contracted, employed or appointed by the Governor to the LSBEP, …”

A new position, a “Compliance Officer (Investigating Officer)” appears to have been added sometime in the last two years. According to the policy manual, this person may be a full-time or part-time, may conduct investigations and/or inspections outside of the main office, conduct investigations into alleged or suspected misconduct by licensed members, applicants for licensure and/or others who may be suspected of violating state and federal ethical and agency laws, rules, and policies, may conduct surveillance and unannounced on-site monitoring/compliance visits, among other duties.

The complaints subcommittee operates without the direct supervision of any board members and is the most expensive and least transparent element of the LSBEP. But what exactly is the extent of the problem that this expensive subcommittee is solving?

Is the Extra Expense Really Necessary for Public Safety?

Considering the depth and breadth of law enforcement personnel assigned to the complaints subcommittee, an observer might think that there is a serious problem with psychologists’ products/services.

However, based on LSBEP’s statistics the number of annual disciplinary actions averages between two and three per 1000 psychologists. Since a psychologist serves an average of 30 individuals per year, this translates to around 2.5 problems in
30,000 customer experiences.

This rate is consistent across states and consistent with the national averages. Statistics published by the Association of State and Provincial Psychology Boards calculates the national number of disciplinary actions for the last five years to range from 181 to 229, an average of 189.4. (See figure.) For 106,000 psychologists across the nation, this is 1.8 mistakes per 1,000.

These rates are also consistent with the other psychotherapy and counseling professions. The Times compared a random sample of disciplinary outcomes for the psychology, counseling, and social work boards. We found that all of three boards have
similarly low rates of disciplinary actions, between one and three discipline events per 1,000 licensees.

In research over a sample of a five-years, we found that 75 percent of discipline actions were related in some way to forensic child custody evaluations. The remainder was split
between sexual/dual relationships and impaired psychologist issues.

Using data of the US Consumer Product Safety Commission, which estimates the product-related injuries for various industries, psychologists compare very favorably regarding public safety. Furthermore, to compare to hospital care, where 98,000 patients die annually due to medical errors, psychologist services presents a very safe alternative to inpatient care.

Waste and Ineffectiveness in the Complaints Committee?

Do the lack of checks and balances in the complaints committee, and the heavily staffed law enforcement approach, create more problems than it solves? Have licensees, the taxpayers, been saddled with paying for unnecessary attorneys, including their mistakes?

In an interview with an MBA, he said, “Alignments and incentives are all wrong in the subcommittee. High costs and inefficiencies would be expected,” he explained.

According to several sources, beginning around 2012, the LSBEP embraced an aggressive, adversarial style for dealing with complaints. For the first time, a Prosecuting Attorney was hired in 2014. Also, a private investigator was hired. Sources
have wondered if this may have been related to the then new executive director’s background as a Fraud Analyst/Investigator in the Criminal Division of the Maryland Attorney General.

Finances and other problems began to mount. Hired in 2014 at a $15,000 contract, the first Prosecuting Attorney, Mr. Jim Raines, submitted invoices for $52,000, according to discussion between officials in December 2016. The board was still digging out of money troubles in part because Mr. Raines submitted invoices totaling $66,597 earlier that year, according to the minutes for the LSBEP.

At the same time, Mr. Raines may have contributed to an expensive escalation of legal matters when he failed to recuse himself from a complaints case against Dr. Eric Cerwonka. Mr. Raines had been previously retained by Cerwonka in Cerwonka’s own child custody dispute. Additionally, the two engaged in a fee dispute following the close of the case. Cerwonka filed a constitutional violations lawsuit alleging that the Raines had privileged information about Cerwonka that he used in the investigation.

In another example, the LSBEP contract attorneys appeared to have been confused
about time limits for investigating complaints, ignoring language in the Psychology Practice Act that limited investigations to one year.

At a 2015 hearing, demanded by the defendant psychologist to be open to the public in order to have the press attend, the time limit was to be addressed. However, General Counsel, Mr. Lloyd Lunceford, prompted the chair to have a private discussion in and executive session. When the board members emerged from the executive session, they dismissed the case. This made any discussion on time limits irrelevant. The then Complaints Coordinator, Dr. Gary Pettigrew, appeared frustrated having to dismiss the case stating that he did so, “…purely on the advice of the prosecuting attorney.”

In a side comment to the chair, overheard by the Times reporter, Mr. Lunceford appeared to confirm that the attorneys in the committee had misinterpreted the law and made an error. Two years later the board put forth legislation to change the time limit in law.

Another time limits case is still on a judge’s desk in District Court. If reversed the board
could be required to reimburse the legal fees to the defendant.

New Statutory Laws: Circumventing the Public and Solving the Wrong Problems?

Is the LSBEP solving the wrong problem when it sets out to create new law, instead of
redesigning its complaint committee? Do their legislative solutions just cost more in attorney fees? Do they circumvent the public’s involvement when they go straight to the legislature?

It appears that the board’s first foray into creating news statutes was in 2012 when they decided to craft legislation to bring behavior analysts under it’s jurisdiction. A backlash occurred, with strong animosity directed at psychology from other groups in the mental health community.

Their legislation in 2014 was less controversial, but in 2015 the LSBEP sprung Senate Bill 113 on an unsuspecting community. The bill fueled a tug-of-war between state associations over language in the Practice Act.

In both 2017 and 2020, the board first indicated they would proceed with rulemaking, which is the process for creating administrative law. However, both times they surprised the community and chose to contact a legislator.

The Times spoke to an administrative law expert who preferred to remain anonymous. The expert explained that the board is circumventing the public by putting their goals into statutes instead of using administrative law and rulemaking, which includes a process for public involvement.

“They are circumventing the public,” when they go straight to the law and ignore rulemaking, said the expert. “They are eliminating the input from the public. Administrative law is separate from the statutes, and that area of law is to be
separate. They want to put their administrative law into statutes, and that is a serious concern.”

State agencies are prohibited from taking a position or lobbying on any legislation. Emails show that the executive director took an active role in SB 113. And, the LSBEP had hired its own lobbyist, Deborah Harkins. This later prompted Sen. Fred Mills to put forth legislation to prohibit agencies from paying lobbyists.

The Times asked Senator Mills about the origins of his Act 480. “It became readily apparent to me that some of the health professional licensing boards were intentionally trying to circumvent this law by hiring a lobbyist to lobby on their behalf, either for or against legislation that the board did or did not like,” he said. “It was indisputable evidence of, for instance the board of psychology, hiring a lobbyist when the board is listed on the website as one of her clients. This was really my motivation in filing Act 480,” said the Senator.

Conclusion

Years ago the policy at the LSBEP was, “Complaints received shall be rotated between former LSBEP members appointed as investigators.” The subcommittee then appeared to have had one psychologist, Dr. Gary Pettigrew, as the Coordinator, whose contract was for 40 hours per year. Legal consultation came from the General Counsel, only as needed.

Between then and today, major changes occurred, some very expensive. The expense impacts both the licensee, who funds the board, and psychologists who have to defend themselves against a fully staffed, motivated law-enforcement unit. At the same time, the measures of public safety have remained consistently good.

One attorney said that the Baton Rouge area has become a “cottage industry” for
the legal profession due to the boards. It seems unlikely that the LSBEP can legislate it’s way out of its managerial and financial problems. Unfortunately, in trying to do so they are removing the public from it’s legitimate role––being a correcting, and perhaps helpful, influence.

NPR: Studies Showing Drop in Death Rate for Covid-19

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In an October 20 report, NPR’s All Things Considered said that two peer-reviewed studies showed a sharp drop in mortality among hospitalized COVID-19 patients, said NPR.

The drop is seen in all groups, including older patients and those with underlying conditions. One conclusion is that physicians are getting better at helping patients survive their illness.

“We find that the death rate has gone down substantially,” says Leora Horwitz, a doctor who studies population health at New York University’s Grossman School of Medicine and an author on one of the studies, which looked at thousands of patients from March to August.

In one study, which was of a single health system, mortality dropped among hospitalized patients by 18 percentage points. Patients in the study had a 25.6% chance of dying at the start of the pandemic. Now they have a 7.6% chance.

But 7.6% is still a high risk compared with other diseases, and Horwitz and other researchers caution that COVID-19 remains dangerous.

The death rate “is still higher than many infectious diseases, including the flu,” Horwitz says. And he warned that it is a harmful disease.

Interstate Compact Passed for Medicine: “Interstate Medical Licensure Compact”

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Several bills passed the recent legislative session supporting interstate compacts, agreements for her regulating between states. Two such bills were put forth by
Senator Peacock.

SB 27 builds on present law which states that a person who wishes to practice medicine in Louisiana must meet certain minimum qualifications, including being a citizen of the United States. The law retains present law and increases the eligibility to also include any person who possesses valid and current legal authority to reside and work in the United States.

SB 27 enacts the Interstate Medical Licensure Compact. The law and allows Louisiana to join a multi-state compact for physicians to obtain multi-state license privileges to practice in participating compact states to enhance the portability of a medical license and ensure the safety of patients.

The new law provides that each participating state in the compact adopt similar requirements for expedited licensure including satisfaction of criminal background checks, licensure, and education. It requires verification of licensure information through the coordinated information system and exchange of information regarding
discipline and adverse actions by all participating states. The new law provides that the medical board in the state where the patient is located shall regulate the physician in that state.

The new law requires a physician to select a State of Principal License (SPL) within the compact where the physician already has a license. It provides that the SPL is responsible for conducting the primary source verification of the applying physician’s qualifications to participate in the compact.

The new law establishes the Interstate Medical Licensure Compact Commission (commission) and grants each participating state two voting representatives on the commission. It law provides for the powers, duties, financial authority, organization, and rulemaking functions of the commission. The new law law authorizes the commission to levy and collect an annual assessment from each member state, and authorizes the commission to initiate legal action in federal court in the District of Columbia or where the commission has its principal offices to enforce the compact’s
provisions. The new law provides for oversight, enforcement, dispute resolution, withdrawal, and dissolution of the compact. The law provides for severability.

SB 34, also by Sen. Peacock, enacts the Audiology and Speech-Language Pathology Interstate Compact, to take effect once adopted in 10 member states. The new law allows Louisiana to join a multistate compact which allows audiologists and speech-language pathologists to obtain multistate license privileges to practice in participating compact states, to decrease redundancies in the consideration and issuance of
audiologist and speech-language pathologist licensure, and to provide opportunity for interstate practice by audiologists and speech-language pathologists who meet the uniform licensure requirements.

The new law provides that the compact facilitates the interstate practice of audiology and speech-language pathology to assist in improving public access to audiology and speech-language pathology services.

SB 13 enacts the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA). The new law allows Louisiana to join a multistate
compact for EMS personnel to obtain multistate license privileges to practice in participating compact states, to decrease redundancies in the consideration and issuance of EMS licenses, and provide opportunity for interstate practice by EMS personnel who meet the uniform licensure requirements.

The law provides that each participating state in the compact adopt similar requirements for criminal background checks, licensure, and education. The law requires exchange of information regarding discipline and adverse actions by all participating states.

And Zeta Makes Five Relief for Laura Victims

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On October 30, Gov. Edwards received confirmation that President Trump authorized a 100 percent Federal cost share for debris removal and emergency protective measures, including direct Federal assistance, related to Hurricane Laura. Laura is one of five named storms that have hit Louisiana in 2020, the last one Zeta, a record for the state.

Under the President’s major disaster declaration issued for Louisiana on August 28, 2020, Federal funding was made available for Public Assistance at 75 percent Federal funding of total eligible costs. It will cover a continuous period of 30 days established by the state,” said the announcement.

Scott Lilienfeld, Advocate for Excellence in Psychological Science and Practice, Succumbs to Pancreatic Cancer

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Nationally recognized psychologist and Emory Professor, Scott Lilienfeld, died on Sept. 30 at his home in Atlanta. The cause was pancreatic cancer. He was 59.

Dr. Lilienfeld was considered by many across the nation to be a firm, resilient, and insightful voice for scientific, professional psychology. He dedicated much time and work to helping maintain awareness in the field for standards of excellence for professional psychologists.

Dr. Lilienfeld was the 2018 keynote speaker for the Louisiana Psychological Association,. He delivered the address, “Being the Essential Partner: Understanding and Overcoming
Skepticism about Scientific Psychology.”

He received the James McKeen Cattell Award for Lifetime Contributions to Applied Psychological Science, Association for Psychological Science (APS).

His work has been cited over 21,295 times. He delivered the Award Address, “Psychology’s Public Image Problem: Why Many Laypersons and Politicians Don’t
View Our Field as Scientific,” at APS.

Dr. Lilienfeld served as the Samuel Candler Dobbs Professor at Emory University, and authored numerous works, including Science and Pseudoscience in Clinical Psychology, and Psychological Science Under Scrutiny: Recent Challenges and Proposed Solutions, was Editor of Clinical Psychological Science, and a regular keynote speaker, including for APA, APS, SEPA and SWPA.

In his 2012 American Psychologist article, he wrote, “…professional organizations must continually underscore the point that trained psychologists are virtually unparalleled
among rival professions in one crucial respect: our ability to apply scientific reasoning and rigorous methodology to assessing, evaluating, and alleviating human problems, whether they be mental health difficulties, such as depression or anxiety disorders, or
broader societal difficulties, such as prejudice or blind obedience.”

Among his findings he cited that only 30% agree that “psychology attempts to understand the way people behave through scientific research” and 41% see psychological research as less rigorous than medical research.

Along with many findings he noted that an APA Presidential Task Force found that, “Despite psychology’s foundation in science and its standing as the science of human behavior, it is not fully accepted as a science by the general public.”

In 2018, Dr. Lilienfeld reviewed the common criticisms of psychology’s scientific status he discussed rebuttals of the criticisms, and gave main reasons for negative public views of psychology.

He noted that the public face of psychology is not represented by psychological scientists. “Psychologists are rarely called on by the media to comment on psychological findings; when they are, they are rarely scientific psychologists,” he said.

He pointed to “The Illusion of Understanding––We’re all ‘psychologists’ in everyday life, so psychology seems easy.” Among the problems he included the “Confusion Between Psychologists and Psychotherapists,” as an important factor.

He also said that that scientific psychology is challenged by the “scientific impotence excuse,” and that “When psychological findings conflict with our deeply held intuitions, we may resolve that cognitive dissonance by dismissing a scientific approach to the
questions at hand…”

Among the remedies, Dr. Lilienfeld said that, “Academic and practicing psychologists have not spent enough of their time disseminating science to the public, combating bad science, and correcting misconceptions of the field.”

“We must play a more active role in educating laypersons about psychology’s scientific side and confronting its nonscientific side,” he said.

Dr. Dean Radin to Speak on Extrasensory Research and Overlap with Quantum Theory

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The Louisiana Psychological Association will host Dr. Dean Radin, noted psychological scientist who explores extrasensory phenomena. Dr. Radin will speak virtually on
November 7, about “Extrasensory Experiences in a Quantum Reality.” He will review the current state of research findings regarding extrasensory phenomena, called psi research, as well as relevant controversies and new areas of investigation related to quantum theory.

Dr. Radin is Chief Scientist at the Institute of Noetic Sciences (IONS) and Distinguished Professor at the California Institute of Integral Studies. He earned a BS in electrical engineering (magna cum laude, with honors in physics), and then an MS in electrical engineering and a PhD in psychology from the University of Illinois, Urbana-Champaign. Before joining the IONS research staff in 2001, Radin worked at AT&T Bell Labs, Princeton University, University of Edinburgh, and SRI International, where he worked on a classified program of psychic espionage, now commonly known as StarGate.

Dr. Radin is author or coauthor of over 300 scientific, technical, and popular articles,
four dozen book chapters, two technical books, and four popular books including the Scientific and Medical Network’s 1997 book award, The Conscious Universe (HarperOne, 1997), Entangled Minds (Simon & Schuster, 2006), the 2014 Silver Nautilus Book Award, Supernormal (Random House, 2013), and Real Magic (Penguin Random House, 2018).

His 100+ academic articles appear in peer-reviewed scientific journals ranging from
Foundations of Physics and Physics Essays to Frontiers in Human Neuroscience, Psychological Bulletin, and Psychology of Consciousness. He was featured in New York Times Magazine. His 500+ interviews and talks have included presentations at Harvard, Stanford, Princeton, Columbia, Cambridge (England), Edinburgh (Scotland), The
Sorbonne (Paris), University of Padova (Italy), and University of Allahabad (India).

“While at Bell Labs,” he said, “I began to publish some of my psi experiments. Then
I discovered the Parapsychological Association and later the Society for Scientific Exploration, and I presented my work at their annual meetings. I was delighted to find groups of scientists who were as interested in these phenomena as I was, and the contacts I made eventually led to appointments at Princeton University, University of Edinburgh, University of Nevada, Interval Research Corporation, and SRI International. At the latter facility, I was a scientist on a top secret US government project conducting
research on psychic phenomena.”

“I am now Chief Scientist at IONS, and I’ve spent the majority of my professional career doing what the 4-year-old Dean described as being jet propelled — probing the far reaches of human consciousness using the tools and techniques of science. Very few scientists are publicly engaged in research on this perennially interesting topic. This is not because of a lack of interest, as skeptics sometimes suggest,” he explains. “The vast majority of scientists I’ve spoken to are fascinated with psi, and national surveys we’ve
conducted show that over 90% of scientists and engineers have personally experienced one or more psi phenomena.

But science, like any social enterprise, has strictly enforced rules of what is and is not
acceptable to talk about. Despite the aspirations of academic freedom, the reality is that it’s not safe for one’s scientific career to publicly pursue controversial topics (in any domain, not just psi).”

In his book Entangled Minds: Extrasensory Experiences in a Quantum Reality, Dr. Radin summarizes the evidence for different categories of ESP.

“…after a century of increasingly sophisticated investigations and more than 1000 controlled studies with the combined odds against chance of 10104 to 1, there is now strong evidence that some psi phenomena exist.”

He reviews the research on dream psi, Ganzfeld psi, conscious detection of being stared at, unconscious detection of distant intention, unconscious detection of being stared at, dice psychokinesis, and random number generation (RNG) psychokinesis.

Psi research attracts an unusually passionate group of skeptics and Radin deals with this in his writings by careful scientific designs and corrections for various biases.

The challenge includes the fact that overall the effect sizes for psi phenomena are often
very small, even though consistent. An example is the random number generation research, or RNG. The effect is often so small that it takes modern technology to capture it.

RNG studies rely on the baseline generation of pure randomness. Engineer Robert Jahn at the Princeton Engineering Anomalies Research Laboratory published 12 years of
experiments on his team’s investigation of this type of mind matter interaction. The
experiments involved 100 volunteers who attempted to mentally influence the output of RNGs.

The RNG is an electronic device that generates thousands of completely random bits of information, like flipping a coin with heads or tails. In the Princeton Laboratory, participants attempted to influence the generator to shift the average to higher or lower than chance.

“They estimated that the magnitude of the psychokinetic affect was approximately equal to one bit out of 10,000 being shifted away from chance expectation” he notes. “While this may seem like a tiny effect, over the entire database this resulted in odds against chance of 35 trillion to 1.”

Radin reports that an attempt to replicate the work did not reach significance, but then he and another psychologist conducted a meta-analysis of all known RNG studies. After correcting for missing data he found the overall effect was small in magnitude but
associated with an odds against chance of 50,000 to 1.

He describes another type of RNG experiment where the generator is placed near a group of people who are asked to participate in a task for highly focused attention, such as a group of people meditating or an intense ritual. Throughout the early 2000s, studies strongly suggested that focused group mental activity was associated with unusual recordings in RNG data.

Engineer William Rowe, Radin explains, conducted formal tests investigating the subjective and objective results of these types of group efforts. The tests matched
correctly the observers’ impressions in the RNG outputs. When the group could impact the RNG data, these results were associated with warm or close feelings of togetherness, with emotional content that tended to draw people together, and when
personal involvement was more focused toward the group goal which was deeply engrossing, reported Radin. In contrast, negative results were associated with people working alone, involved in objective or analytical task, where there was low personal involvement, or with a boring task.

Another area that Radin reports on is the pre-sentient dream experience. Research on dream psi is conducted with a pair of individuals. One volunteer is the receiver and spends the night in the dream lab. The other volunteer agrees to act as a sender. The receiver goes to sleep in a soundproof, electromagnetically shielded, and otherwise safeguarded room to ensure that the participants aren’t responding to any ordinary
communications or signals.

The receiver’s brain waves and eye movements are monitored throughout the night. When the technician sees that the receiver enters REM sleep, the sender is notified. The sender, who has been assigned a random picture, attempts to transmit the image to
the receiver. The technician wakes the receiver and asks him or her to describe their dream.

In 2003, a team of British psychologists reviewed all the dream psi studies that were
conducted under controlled conditions, a total of 47 experiments. They concluded that the overall hit rate was 59.1% rather than the expected 50% by chance. While the 9.1%
may seem small on practical levels, explains Radin, it is associated with an odds against
chance of 22 billion to 1.

“While the overall effect was small in terms of absolute magnitude,” Radin writes, “it
wasn’t due to dumb luck. The odds that the dice studies were due to chance alone were 1096 to one. By contrast, the results of control experiments were well within chance expectation.”

“After examining these phenomena through the lens of science for over 40 years, I’ve concluded that some psychic abilities are genuine. This means there are important
assumptions within the prevailing scientific worldview that are seriously incomplete.
I’ve also learned that most people who confidently claim to have 100% reliable psychic
abilities are mistaken, sometimes innocently and sometimes fraudulently. Spontaneous psi effects can be startling and in some cases transformative, but hardly any form of human conscious behavior is 100% reliable, especially subtle consciousness-related effects like psi.”

Dr. Radin has even taken on what is considered the central mystery of quantum mechanics.

This mystery begins with the classical experiment called the two slit experiment. If
researchers shine a monochromatic light on a barrier with one slit, they see a simple stripe on the background.

But if researchers use a barrier that includes two slits, so that the light can pass through the two openings, it registers on a background in an “interference pattern,” with many stripes. It is thought that the light passes through both slits, creating two waves whose ripples then interfere with one another.

But if researchers “spy” on the light, this profoundly changes what happens in the experiment. When the researchers place a detection device in the apparatus to see which slit the light has traveled through, the interference pattern vanishes, and two separate stripes emerge. The wave pattern it Is said to collapse. Leave the detector device in the apparatus, but unplug it, and the interference, wavelike pattern returns.

Into this conundrum Dr. Radin jumped, substituting conscious meditators for the detection devices.

He and his team conducted six experiments “using a single-photon double-slit apparatus to test von Neumann’s notion that the quantum wavefunction or interference pattern is ‘collapsed’ by what he called a psychophysical interaction.” His team asked individuals to direct their attention toward or away from the optical system and they found evidence supportive of an interaction that “appears to ‘steer’ the wavefunction to either reduce or to sharpen interference fringes.”

Published in Quantum Biosystems in 2015, “Psychophysical interactions with a single-photon double-slit optical system,” seems to be causing discussion in the scientific community.

One of the downsides for Dr. Radin’s choice of research is he often called to defend the scientific experiments against skeptics who are passionate about the nonexistence of psi phenomena. This criticism includes objections about the often small effects size.

The charge on the electron is also very small,“ Radin points out. “But so what? This confuses the magnitude of an effect with its existence. In any case, many modern psi experiments test randomly selected college sophomores and other unselected
participants. As a result, the weak effects often observed in the laboratory are probably due to the fact that the people being tested aren’t talented in the skills of interest.”

One example of a very talented psi individual, described in Entangled Minds, is Joseph McMoneagle, a remote viewer in the US Army’s formally top-secret project, StarGate.

McMoneagle had been repeatedly tested numerous times in double blind laboratory experiments and had been known to have the ability to describe objects at a distance sometimes in spectacular detail, explains Dr. Radin.

In one experiment, all that McMoneagle knew was that a person he had met would be visiting a technological site., It was somewhere that could be reached within an hours drive around Silicon Valley in Northern California, but the range of possibilities of this type of facility in Silicon Valley is the enormous, explained Radin. As it turned out, the target that the person arrived at was a particle beam excelerator, and that’s exactly what McMoneagle drew.

“Where are also, of course, reprehensible con artists masquerading as psychics and charging huge sums for their services,” Dr. Radin said. “These classes of so-called psychics are easy targets for skeptics, who wrongly assume they are representative of everyone who claims psychic abilities. There is a huge anecdotal literature about psychic phenomena, but the evidence that convinced me was not only the results of my own experimental studies, but analyses of the cumulative empirical evidence collected by qualified scientists under well-controlled conditions, and published in peer-reviewed scientific journals,” he said.

“There is always room for scholarly debate about these topics, and I know a number of informed scientists whom I respect who hold different opinions and interpretations. But I’ve also learned that those who loudly assert that there isn’t any scientifically valid evidence for psychic abilities, or worse, that these phenomena are impossible, don’t know what they’re talking about.

“For example, my bio page on Wikipedia fails to mention any of the scientists who have endorsed my work, including two Nobel Laureates. Nor does it mention that in 2018 I was one of 35 invited speakers at a major international science conference sponsored by Merck KGaA, of Darmstadt, Germany, which included 5 Nobel Laureates and other prominent mainstream scientists. I am also a jury member of two European-based prizes for advancements in biomedicine; in one case the prize is 1 million Euros, and in the second case it is 300,000 Euros.

“My interest in psi phenomena was not motivated by having psi experiences,” Dr. Radin said. “It was instead sparked out of an intuitive sense that the mind is far more mysterious and powerful than we know. Through education and experience I’ve also come to appreciate that these experiences are not just curiosities. They’re also responsible for most of the greatest inventions, artistic and scientific achievements, creative insights, and religious epiphanies throughout history. Understanding this realm of human experience thus offers more than academic interest — it touches upon the very best that the human intellect and spirit have had to offer.”

KFF Finds 53% of US Adults Stressed by Coronavirus & Economic ConcernsUntitled

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The COVID-19 pandemic and the resulting many people’s mental health and created new barriers for people already suffering from mental illness and substance use disorders,” report authors at the Kaiser family foundation (KFF).

The research team was led by Nirmita Panchal, collected data in July. They found that 53% of US adults said that their mental health has been negatively impacted due to worry and stress over the coronavirus. Researchers noted that this was significantly higher than the 32% they found in March 2020.”

Many adults are also reporting specific negative impacts on their mental health and wellbeing, such as difficulty sleeping (36%) or eating (32%), increases in alcohol consumption or substance use (12%), and worsening chronic conditions (12%), due to worry and stress over the coronavirus.”

Authors concluded that, “As the pandemic wears on, ongoing and necessary public health measures expose many people to experiencing situations linked to poor mental health outcomes, such as isolation and job loss.”

The researcher cited other conclusions noting that research links social isolation and loneliness to poor mental health. The data from late March shows that “significantly higher shares of people who were sheltering in place (47%) reported negative mental health effects resulting from worry or stress related to coronavirus than among those not sheltering-in-place (37%).”

“In particular, isolation and loneliness during the pandemic may present specific mental health risks for households with adolescents and for older adults. The share of older adults (ages 65 and up) reporting negative mental health impacts has increased since March. Polling data shows that women with children under the age of 18 are more likely to report major negative mental health impacts than their male counterparts.”

Authors also point out that job loss is associated with increased depression, anxiety, and low self-esteem. These problems may lead to higher rates of substance use disorder and suicide. “… data shows that more than half of the people who lost income or employment reported negative mental health impacts from worry or stress over coronavirus; and lower income people report higher rates of major negative mental health impacts compared to higher income people,” noted the KFF researchers.

“Prior to the COVID-19 pandemic, nearly one in five of U.S. adults (47 million) reported having a mental illness in the past year, and over 11 million had a serious mental illness, which frequently results in functional impairment and limits life activities. In 2017-2018, more than 17 million adults and an additional three million adolescents had a major depressive episode in the past year.

“Deaths due to drug overdose have increased more than threefold over the past 19 years (from 6.1 deaths per 100,000 people in 1999 to 20.7 deaths per 100,000 people in 2018).

In 2018, over 48,000 Americans died by suicide, and in 2017-2018, nearly eleven million adults (4.3%) reported having serious thoughts of suicide in the past year.

The authors state that during this unprecedented pandemic, it is reasonable to predict that mental health issues and substance abuse are exacerbated.

CMS Seeks Cuts to Fees of Psychologists; Supervision In place until October 9, the newest of Testing by Nurses, PAs

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Centers for Medicare and Medicaid Services (CMS) are proposing hey new rule impacting the 2021 Medicare physician fee schedule, which will likely result in a 10.6% reduction in payments to psychologists providing services to Medicare beneficiaries, according to the American Psychological Association (APA) Office of Health Care Financing.

APA said that the reductions are proposed in order to offset higher values for next year’s outpatient evaluation and management (E/M) services. E/M services, which are typically a 15 minute, face-to-face with the patient, and decision-making of low complexity.

APA reported that CMS is also proposing to increase the values for some psychotherapy
codes (90791, 90832, 90834, and 90837) but this will not be enough to offset the losses for psychologists.

These payment cuts stem from the agency’s legal requirement to maintain a neutral budget from one year to the next, said APA.

APA is also partnering with a coalition of healthcare providers asking Congress to work
with CMS on a solution that will allow the increases for E/M without cutting payments to
other providers, said officials.

CMS is also proposing that non-physician practitioners (nurse practitioners and physician assistants) be allowed to supervise diagnostic testing including psychological and neuropsychological testing, if the state law and their scope of practice allows.

“APA is adamantly opposed to this proposal and is reaching out to CMS for more information— e.g. circumstances under which such supervision could occur and what types of tests would be involved,” said APA officials.

Legislature Calls Itself into Session

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The Louisiana legislature called themselves into a special session that began on September 28 and which will end by October 27. The September 21 Proclamation lists 70 topics to be addressed, including items for replenishing Louisiana’s Unemployment Trust Fund, addressing COVID-19 recovery efforts, supporting communities impacted by Hurricane Laura, and possible funding of certain devastated school systems.

However, at the top of the list are items about the expanded powers of government under emergency conditions.

The first topic relates to “…legislative procedures, powers, duties, and authority pursuant to the Louisiana Health Emergency Powers Act…” The second item refers to ” … the power and authority of executive branch officers and agencies.”

Gov. Edwards immediately voiced his concerns in a September 21 statement.

“At a time when our state is dealing with the COVID-19 health emergency, hurricanes,
and one severe weather event after another, I am concerned that the Legislature has
again called themselves into a month-long session with an agenda of 70 items. This
session will occur at a time when the public will again be restricted in their access to the
State Capitol and their ability to give needed public input.

“From the beginning of this emergency, I have relied on public health experts and the
White House Coronavirus Task Force to guide Louisiana’s response to this historic
emergency. Further, this response has been in line with the measures taken by our
neighboring states that have unfortunately also been enormously impacted by COVID19.

“Put simply, the measures we have taken in Louisiana are working and we are making
significant progress. However, to abandon these efforts in defiance of the unanimous
advice of the public health experts and the Trump administration would seriously
jeopardize the lives of our people and the gains we have made. Further, it is important
to remember our work in containing COVID19 is far from done, as Louisiana still has the
highest number of per capita infections in the country.

“I am hopeful that the Legislative leadership will significantly narrow the scope and the
duration of this session so that they can do the work they deem necessary, while at the
same time working in a bipartisan and cooperative manner to address our
significant challenges in an honest and transparent manner. Louisianans have come
too far to have all of our effective and lifesaving work upended.”

In a September 28 editorial, The Advocate warned, “As with some of the other
budgetary items on the expansive menu, it’s too soon to say if the body can make
intelligent decisions when so many things, really almost everything, is in flux.

“Further, legislators should remind themselves that interfering with the complex
machinery of emergency declarations means that lawmakers will be taking responsibility upon themselves, individually and as a body, in a situation where there is no pleasant alternative, only a choice among bad options.”

Regarding the special session, proposed measures have been submitted and are being reviewed this month. The Louisiana State Board of Examiners of Psychologists did not submit a new copy of their legislation, which they proposed earlier this year in the
regular session. Sources indicate that the board is working on that legislation for 2021.

Very few bills have to do with psychology since the topics for the session are narrowed
to emergency events. However, House Bill 33 and Senate Bill 12, which are duplicates,
relate to emergency counseling in healthcare facilities.

Present law defines “mental health support personnel” to include psychiatrists, psychologists, social workers, and volunteer crisis counseling groups.

The proposed law provides that the Louisiana Department of Health may include the availability of no-cost or reduced-cost counseling or mental health support services offered by members of the clergy, religious organizations, or other nonprofit organizations when providing information about and referrals to mental health support personnel to address the psychological responses to the public health emergency.

The proposed law requires that, during the COVID-19 public health emergency or any
other contagious or infectious disease for which a state of public health emergency
has been declared, an inpatient healthcare facility provide patient or resident access
to members of the clergy for prayer, mental health support or religious counseling, the sacraments of Holy Communion, Anointing of the Sick, and Last Rites, and other such customary religious services that would normally be offered to patients or residents if the healthcare facility was not subject to a declaration of a state of public health
emergency.

U21 Parishes in FEMA Disaster Area Governor Renews Emergency Status from Hurricane Laura

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Gov. Edwards renewed his State-of-Emergency proclamation on
September 18, authorizing the Governor’s office of Homeland
Security and Emergency Preparedness to continue to undertake all
activities authorized to assist in recovery from Hurricane Laura.

The proclamation prohibits price gouging and allows the Secretary
of the Department of Health to establish protocols and policies for
certain facilities to receive evacuated residents at nursing facilities.
Certain regulations are suspended and schools are allowed to
substitute online instruction.

The proclamation also provides for unemployment compensation
for some of those directly affected by flooding or due to the inability
to get to their worksite in a disaster parish.

The proclamation also authorizes all departments and agencies as
officers of the state to cooperate in actions that may be helpful in
dealing with the effects of this weather event.

On September 13, FEMA approved three additional Louisiana parishes for Individual
Assistance due to Hurricane Laura, bringing the total number of parishes where residents are eligible for aid to 21.

Federal FEMA assistance can include grants for temporary housing and home repairs, low-cost loans for uninsured property loss and other programs to help people and businesses recover from Hurricane Laura.

People who sustained losses in the designated parishes of Acadia, Allen, Beauregard,
Caddo, Calcasieu, Cameron, Grant, Jackson, Jefferson Davis, LaSalle, Lincoln, Morehouse, Natchitoches, Ouachita, Rapides, Sabine, St. Landry Vermilion, Vernon, Winn and Union.

Some additional parishes are still under review.

Individuals can apply for assistance. Register online at http://www.DisasterAssistance.gov or by calling 1-800-621-FEMA.

“People all across Louisiana were impacted when Hurricane Laura brought its strong winds ashore, knocking out power and causing massive destruction,” said the Governor.

Hurricane Laura made landfall in Cameron Parish on Thursday, August 27, with 150 mph sustained winds.

Laura was one of the strongest hurricanes to hit the United States and the worse storm for Louisiana since the 1856 “Last Island Hurricane.”

Twenty-six deaths have been attributed to Hurricane Laura. Property damages have been estimated at approximately $9 billion.

If some you know needs shelter, text LASHELTER to 898-211 for information about where to go or call 211.

Gov Edwards Signs State Budget

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State Agency Heads Directed to Prepare for Possible Mid-Year Budget Cuts
Gov. Edwards Signs State Budget to Preserve Critical Funding During the Covid-19 Pandemic

Baton Rouge – On July 8, Gov. John Bel Edwards announced that he has signed the
state’s budget for the FY 20-21 operating year, preserving funding for critical health
care, workforce and education services that are needed during the pandemic, especially
as new COVID-19 cases rise again as school systems prepare to return to campus
in the fall, according to the press release from the Governor’s office.

Additionally, the Governor Edwards has ordered cabinet agencies to prepare for possible mid-year budget cuts by sequestering at least 10 percent of their budgets, which he also recommends for the judicial and legislative branches.

He will also issue an executive order to freeze hiring of state employees.

“Right now our budget is in a far better shape than we could have hoped just three
months ago, with funding for critical services in place as we continue to respond to the
COVID-19 pandemic and see case counts as well as hospitalizations rising,” he said.

“I have directed state agencies to prepare for possible mid-year cuts and, we will continue working with the Legislature to make any adjustments that may be necessary this fall,” Gov. Edwards said. “While there are cuts in the budget, federal CARES act funding allowed us to avoid making them even more catastrophic. In addition, we were able to invest CARES act funding into programs for local governments, aid to businesses and direct payments to essential front line workers.”

The Governor also vetoed language that cancelled meritr aises for classified state employees

Gov. Edwards vetoed a provision that impermissibly delayed pay raises for classified state employees and other provisions that sequestered funds appropriated to the executive branch, but not funds appropriated to the legislative and judicial branches.
He also vetoed more than $9 million in
new spending, as well as a provision
contrary to Centers for Medicare and
Medicaid Services guidelines that would
negatively impact the Louisiana
Department of Health and require the
expenditure of more than $10 million of
state general fund plus $32 million of
federal funds.