Louisiana Revised Statutes 37:3387.6 – Certified compulsive gambling counselor
Terms Used In Louisiana Revised Statutes 37:3387.6
- Addiction counselor: means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. See Louisiana Revised Statutes 37:3386.1
- Addictive disorder: means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. See Louisiana Revised Statutes 37:3386.1
- Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
- Compulsive gambling counselor: means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors. See Louisiana Revised Statutes 37:3386.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Qualified mental health professional: means :
(a) A psychiatrist licensed pursuant to Louisiana Revised Statutes 37:3386.1
A. The legislature finds that addiction counseling is an effective and necessary component in the continuum of addictive disorder treatment and services. In order to better provide for the health and welfare of the citizens of this state, the legislature desires to enhance compulsive gambling counseling services by providing for a certification for compulsive gambling counselors.
B. The board shall adopt and promulgate rules which shall provide for the certification of compulsive gambling counselors in accordance with this Chapter.
C. Any person seeking to be recognized by the board as a certified compulsive gambling counselor shall hold the valid and current necessary credential of licensed, certified, or registered addiction counselor or hold the valid and current necessary credential of a qualified mental health professional. In addition, the candidate shall complete the minimum educational hours provided for in this Chapter. Any candidate holding the necessary credential who has completed the educational hours required may submit an application on a form and in a manner prescribed by the board. Documentation of the necessary credential and completion of the required educational hours shall accompany the application. The application shall also be accompanied by a fee as provided for in this Chapter.
D. Upon investigation of the application, the board shall, within thirty days, notify each candidate that the application is satisfactory and accepted or unsatisfactory and rejected. If the application is rejected, the notice shall state the reason for such rejection.
E. The board shall recognize as a certified compulsive gambling counselor each candidate who:
(1) Is a licensed, certified, or registered addiction counselor, or who is a qualified mental health professional.
(2) Is not in violation of any ethical standards subscribed to by the board.
(3) Does not have any pending disciplinary action with the board, or, in the case of a qualified mental health professional, with the appropriate regulatory board.
(4) Is not a defendant in any pending felony criminal proceedings.
(5) Has successfully completed a minimum of sixty educational hours, approved by the board, specific to addiction.
(6) Has successfully completed a minimum of thirty educational hours, approved by the board, specific to gambling addiction.
(7) Has not been convicted of or entered a plea of guilty or a plea of nolo contendere to a felony.
F. Each compulsive gambling counselor candidate shall sign a form prescribed by the board authorizing the board to obtain a criminal history or to conduct a criminal background check.
G.(1) Each applicant shall demonstrate professional competence in compulsive gambling counseling by passing a written examination.
(2) The board shall determine the scope and administration of the examination.
(3) The board may provide for circumstances under which a candidate who fails the examination, but who meets all other requirements, may retake the examination.
(4) The board shall make reasonable accommodations for those candidates who demonstrate a special need or disability.
H. The scope of practice for a certified compulsive gambling counselor shall be consistent with the scope of practice for the necessary credential supporting the certification. A certified compulsive gambling counselor may not practice or provide gambling counseling services to any member of the public or hold himself out as a compulsive gambling counselor without a valid and current necessary credential as provided for in this Chapter.
I. The board shall revoke the certification for gambling counseling of any person who does not maintain the valid and current necessary credential of licensed, certified, or registered addiction counselor or qualified mental health professional.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.