Edelman, Know the Law: Louisiana

RebeccaAnne Edelman

CNS 780

November 2017

Know the Law: Louisiana

Edelman, Know the Law: Louisiana

Introduction

In the profession, counselors are held to both legal and ethical standards. In this essay,

four topics of legal concern in the state of Louisiana will be presented and looked at in detail.

These four topics are record keeping requirements, privacy and confidentiality, involuntary

commitment, and reporting abuse and neglect. Most areas of the counseling relationship and

practice are affected by laws. Counselors must be aware of “laws related to confidentiality,

records, parental rights, and licensing statues” in their respective states of work. (Remley, 2016,

pg. 19)

Record Keeping

Record keeping can be very complex and vary from state to state based on federal

standards like HIPPA and FERPA, and state legislation. “A record is any physical recording

made of information related to a counselor’s professional practice” (Remley, 2016, pg. 130).

These records include case notes, billing information, appointment logs, copies of

correspondence, intake forms, and other client related paperwork. (Remley, 2016, pg. 130)

In the state of Louisiana, La. Admin. Code tit. 46, § 7435 sets specific requirements in

regard to record keeping in the health field. This particular regulation sets a minimum content

requirement in regard to client treatment records. The law states that “each client record must

contain client data such as name, race, sex, birthdate and address, information about assessment

and diagnosis, and information about the treatment plan” (Health Information and the Law,

2015) This law also states that while records are property of the provider, said provider must give

access to the patient/client. They must also transfer them to another agency or health facility

upon signed request of the patient/client or guardian. (Health Information and the Law, 2015)
Edelman, Know the Law: Louisiana

However, there are occasions in which a provider may deny access to the record. Such

situation would be “if the provider deems that access would be injurious to the health or safety of

the patient or would endanger other individuals” (Health Information and the Law, 2015).

Counselors have the right to refuse releasing records if they believe that they are going to be

used in manner that can be harmful to the client in question. This law can be highly interpretive

and require use of the ACA code in seeking consultation with another counselor. Records must

also be kept at the facility for six months after the client is discharged and can be disposed of

after six years. Upon the conclusion of six years, the records can be destroyed in a manner that

maintains confidentiality. (Health Information and the Law, 2015)

Privacy and Confidentiality

Privacy and confidentiality are indispensable components to building a successful

counseling relationship. In the 1996 case of Jaffe v. Redmond et al. it was determined that

“because of the sensitive nature of the problems for which individuals consult psychotherapists,

disclosure of confidential communications made during counseling sessions may cause

embarrassment or disgrace” (Remley, 2016, pg. 109) This was a supreme court case that made a

discussion out of confidentiality and privacy in the counseling realm. Ethical and legal statute in

Louisiana create a very black and white area in counseling disclosure. La. Admin. Code tit. 46, §

7435 states, “[c]lients may sign an authorization to have their record copied or transferred to

another facility, provided that the information is kept confidential…” (Health Information and

the Law, 2015) In the case of abuse, neglect, or medical emergency, as deemed by a professional,

may be disclosed without the client’s consent. This regulation however, does not address

disclosure in regard to court orders. (Health Information and the Law, 2015)
Edelman, Know the Law: Louisiana

Involuntary Commitment

Many times, law and ethical standards in relation to involuntary commitment can become

a sensitive subject. In the state of Louisiana, any person over the age of 18 can file a court

petition:

“which asserts his belief that a person is suffering from mental illness which

contributes or causes that person to be a danger to himself or others … which

contributes or causes that person to be a danger to himself or others or to

be gravely disabled and may thereby request a hearing.” (State Standards for

Initiating Involuntary Treatment, 2016)

This law is applicable to counselors because the language states that a “credible person” can

make the decision and file the emergency evaluation paperwork. This paperwork addresses

mental capacity. In this statement, the credible person can be a clinical mental health counselor.

(State Standards for Initiating Involuntary Treatment, 2016) Counselors can also reefer to

mandatory outpatient commitment if they are in the same jurisdiction as the person in question

that is referenced to treatment. (Health Information and the Law, 2016) When entered into

outpatient commitment this also changes how confidentiality is in effect for the client. This can

allow case workers access to information such as records and appointment logs with proper

consent or court orders. (Health Information and the Law, 2015)

Reporting Abuse and Neglect

In Louisiana, reporting abuse and neglect is taken very seriously. So seriously in fact, that

if you do not report abuse or neglect all adults 18 or older who have witnessed sexual abuse of a

child could face a fine not more than $10,000 or five years of imprisonment. (Audrey Hepburn

Center, 2014)
Edelman, Know the Law: Louisiana

Three main areas that require mandated reporting in Louisiana are neglect, sexual abuse,

exploitation, and physical abuse. (Audrey Hepburn Center, 2014)

Louisiana also has laws protecting those who are mandated to report in the state unless

investigation shows they fabricated the report. (Audrey Hepburn Center, 2014) Legal statue

Ch.C. Art. 603(15) (b) states that a person who “provides mental health care or social service

diagnosis, assessment, counseling, or treatment…” are required by law to report abuse, neglect,

or exploitation in the state of Louisiana. (Audrey Hepburn Center, 2014) This is important to

know as a counselor that one would be legally required to report to child services. The exception

in a way to this rule is clergy. “Members of the clergy are not required to report a confidential

communication” such as that which would be shared in a confessional or confidence of

repentance. (Audrey Hepburn Center, 2014)

In order to report abuse/neglect in Louisiana anyone can call 1-855-4LA-KIDS or fill out the

step by step Mandated Reporter Form online at https://mr.dcfs.la.gov/c/MR_PortalApp.app. This

form offers an in-depth step by step process to filling out a complaint for the state to investigate.

(Louisiana Department of Children and Family Services Mandated, 2017)

Edelman, Know the Law: Louisiana

Works Cited
Audrey Hepburn Center. (2014). Beyond Reporting: Recognizing, Responding and Referring.
Retrieved November 2017, from
http://www.lasn.org/uploads/1/8/9/6/18964977/audrey_hepburn_center.pdf

Health Information and the Law. (2015, June). La. Admin. Code tit. 46, § 7435. Retrieved
November 2017, from http://www.healthinfolaw.org/state-law/la-admin-code-tit-46-§-
7435

Louisiana Department of Children and Family Services Mandated Re. (2017). Retrieved
November, 2017, from https://mr.dcfs.la.gov/c/MR_PortalApp.app

Remley, T. P., & Herlihy, B. (2016). Ethical, legal, and professional issues in counseling.
Boston: Pearson.

State Standards for Initiating Involuntary Treatment. (2016, August). Retrieved November, 2017,
from http://www.treatmentadvocacycenter.org/storage/documents/state-standards/state-
standards-for-initiating-involuntary-treatment.pdf