NEW ORLEANS — Two individuals who own a counseling service in Louisiana have initiated a federal lawsuit, claiming that the state has unlawfully prevented them from incorporating the term “psychological” in their business name.
One plaintiff is a licensed counselor, while the other is a licensed clinical social worker. Both possess education and training in psychology and ran a business known as the Psychological Wellness Institute until early this year. The current name of their practice is P. Wellness Institute, located in Baton Rouge. Their legal complaint indicates that the Louisiana State Board of Examiners of Psychologists informed them that including the term “psychological” in their title contravenes state law.
The plaintiffs argue that the state legislation is excessively broad, leaving them vulnerable to misdemeanor charges for using the word “psychological” in their business name or for delivering services that may be interpreted as “constituting the practice of psychiatry,” as defined by the law.
Alleman holds the credentials of a licensed professional counselor, marriage and family therapist, and addiction counselor, while Catrett is recognized as a licensed clinical social worker, as indicated in the complaint. Both individuals have engaged in studying psychological concepts and integrating these principles into their professional practice. However, due to the implications of the law, they maintain that they can no longer describe their work to clients or prospective clients using the term “psychological.”
The lawsuit asserts that “Alleman and Catrett wish to inform their clients, as suitable, that although they are not licensed psychologists, they have an understanding of psychological principles, methods, and measures which they apply in their therapeutic work in order to assist clients in altering their behavior and enhancing their quality of life.”
Through this legal action, they are seeking a judicial declaration that their rights to free speech, as guaranteed by the Constitution, are being infringed and that the existing law is unduly expansive. Furthermore, they are requesting an injunction to prevent the board or the district attorney in Baton Rouge from enforcing the law against them.
Requests for comments were sent to the executive director and legal counsel of the state board early Tuesday. In support of Alleman and Catrett, two advocacy organizations, namely the Center for Individual Rights and the Pelican Institute, are providing legal representation in the case.