Could Louisiana's psychology board recognize an interstate professional qualification certificate for licensing reciprocity?

Short answer The AG said the proposed reciprocity rule was valid if the certificate's qualifications equaled the board's requirements. Under the law reviewed in 2000, applicants also had to satisfy the cited citizenship condition.
State
Louisiana
Opinion
La. Atty. Gen. Op. 00-196
Issued
June 13, 2000
Issued by
Richard P. Ieyoub, Attorney General of Louisiana
Requested by
Brenda C. Ward, Louisiana State Board of Examiners of Psychologists

Apply this to your situation

This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

The psychology board proposed a rule recognizing a current Certificate of Professional Qualification in Psychology held by an out of state or Canadian applicant. The AG said the board could use the credential for reciprocity if its requirements were equal to Louisiana's. It also said applicants had to satisfy the citizenship condition in the licensing statute as it stood in 2000.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was the certificate alone automatically enough for a Louisiana license?
No. The AG made validity depend on equivalence between the certificate requirements and the board's requirements.

Did the opinion address applicants from Canada?
Yes. It cautioned that the citizenship provision then in the statute still applied to applicants covered by the proposal.

What authority did the board rely on for its rule?
The opinion cited the board's power to adopt rules consistent with the psychology licensing law.

Background and statutory framework

LSA-R.S. 37:2352(C)(1) authorized board rules consistent with law. The AG read that authority with LSA-R.S. 37:2356's licensing conditions and the proposed credential based reciprocity language.

Citations and references

  • LSA-R.S. 37:2352(C)(1): board rulemaking authority.
  • LSA-R.S. 37:2356: licensing requirements as reviewed.
  • LSA-R.S. 37:2356(A)(3): citizenship provision cited in the historical opinion.

Source

Original opinion text

June 13, 2000
OPINION NUMBER 00-196

Ms. Brenda C. Ward
Executive Director
Louisiana State Board of Examiners
of Psychologists
8280 YMCA Plaza Drive
Baton Rouge, LA 70810

Dear Ms. Ward:

Pursuant to a Resolution by the Louisiana State Board of Examiners of Psychologists (hereinafter referred to as the “Board”), you have requested an Attorney General’s Opinion regarding the legality of the following proposed regulation.

§ Chapter 2. Reciprocity.201.A.

2. That he/she is a psychologist licensed in another state or territory of the U.S. or a Canadian province who has met the requirements for and holds a current Certificate of Professional Qualification in Psychology (CQP) issued by the Association of State and Provincial Psychology Boards (ASPPB).

Pursuant to LSA-R.S. 37:2352(C)(1), the Board is authorized to adopt such rules and regulations not inconsistent with the law as may be necessary to effect the provisions of that Chapter. The proposed regulation relates to the reciprocity of psychologists licensed in other jurisdictions.

LSA-R.S. 37:2356 provides the statutory mandates for the licensure of psychologists. We have previously noted Attorney General Opinion No. 96-8, that LSA-R.S. 37:2356 is silent regarding licensure reciprocity with other states. However, in that opinion we concluded LSA-R.S. 37:2352(C)(1) would allow the Board to enter into reciprocity agreements with other states requiring equal qualifications for licensure as set forth in LSA-R.S. 37:2356.


Page 2

Ms. Brenda C. Ward
Opinion Number 00-196
Page ~2~

Consistent with that same reasoning, a regulation promulgated to allow reciprocity to those individuals who have met the requirements for and hold a current Certificate of Professional Qualification in Psychology issued by the referenced Association should be valid as long as the requirements of that Association in holding this certificate are equal to those established by the Board.

However, one point of caution must be raised relative to the potential inclusion of non- U.S. citizens that may fall under the proposed regulation. LSA-R.S. 37:2356(A)(3) mandates an applicant for licensure must be a “citizen of the United States or has declared his intention to become a citizen.” Non-citizens that may qualify under the proposed regulation for reciprocity must also be held to this statutory requirement to obtain licensure.

I trust this addresses your concerns. Please contact this office should you require further assistance.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: _______
CARLOS M. FINALET, III
ASSISTANT ATTORNEY GENERAL

RPI:CMF:gbl


Page 3

OPINION NUMBER 00-196

87-B – Psychologists
LSA-R.S. 37:2352
LSA-R.S. 37:2352(C)(1)

A regulation promulgated to allow reciprocity to those individuals who have met the requirements for and hold a current Certificate of Professional Qualification in Psychology issued by the referenced Association should be valid as long as the requirements of that Association in holding this certificate are equal to those established by the Board.

Ms. Brenda C. Ward
Date Received:
Executive Director
Louisiana State Board of Examiners
Date Released: June 13, 2000
Of Psychologists
8280 YMCA Plaza Drive
Carlos M. Finalet, III
Baton Rouge, LA 70810
Assistant Attorney General

What does Louisiana law say today, for your facts?

This opinion is from 2000. Ezel checks the current Louisiana statutes and case law, applies them to your situation, and cites what it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace