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      RS 37:1123     


§1123. Louisiana Licensed Professional Counselors Board of Examiners; authorization to obtain criminal history record information

            A. As used in this Section, the following terms shall have the following meanings:

            (1) "Applicant" means an individual who has made application to the board for the issuance, renewal, or reinstatement of any form of licensure which the board is authorized by law to issue.

            (2) "Board" means the Louisiana Licensed Professional Counselors Board of Examiners.

            (3) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

            (4) "Criminal history record information" means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release. It shall not include intelligence information gathered for investigatory purposes or any identification information which does not indicate involvement of the individual in the criminal justice system.

            (5) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.

            (6) "Licensure" means any license, provisional license, or certification that the board is authorized to issue.

            B. In addition to any other requirements established by board rules, the board may require an applicant, as a condition of eligibility for licensure:

            (1) To submit a full set of fingerprints, in a form and manner prescribed by the board.

            (2) To permit the board to request and obtain state and national criminal history record information on the applicant.

            (3) To pay the reasonable costs incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.

            C. In accordance with the provisions and procedure prescribed by this Section, the board may request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant's suitability and eligibility for licensure.

            D. Upon request by the board and upon the board's submission of an applicant's fingerprints, and such other identifying information as may be required, the bureau shall survey its criminal history records and identification files and make a simultaneous request of the FBI for like information from other jurisdictions. The bureau may charge the board a reasonable processing fee for conducting and reporting on any such search.

            E. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use by the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant's eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

            F. Upon investigation of the application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted for consideration is satisfactory and accepted, or is unsatisfactory and rejected. If an application is rejected, such notice shall state the reasons for the rejection and the applicant's right to a compliance hearing in accordance with the rules and regulations promulgated by the board.

            Acts 2013, No. 173, §1, eff. Jan. 1, 2014; Acts 2014, No. 484, §1, eff. May 1, 2015.

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