reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.38. Denial or revocation of license; written notice; appeal procedure

RS 40:2120.38 - Denial or revocation of license; written notice; appeal procedure
A. The department may deny, suspend, or revoke a license in any case in which there has been a failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations, and minimum standards for adult brain injury facilities, provided in all such cases the department shall furnish the applicant or licensee thirty days written notice specifying the reasons for the action.
B. Any applicant or licensee who feels aggrieved by the action of the department in denying or revoking a license may appeal suspensively from the action within thirty days after receipt of the notification of the denial or revocation. This appeal or request for a hearing shall specify in detail reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the department.
C. The appeal hearing shall be conducted in accordance with the Administrative Procedure Act.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.39. Operating without license or in violation of departmental regulations; penalty

RS 40:2120.39 - Operating without license or in violation of departmental regulations; penalty
A. Whoever operates any adult brain injury facility, as defined in this Part, without a valid license issued by the department, or in violation of departmental regulations, shall be fined by the department in accordance with a schedule of fines and enforcement procedures promulgated by rules of the department, not to exceed two hundred fifty dollars for each day of such offense.
B. In deciding whether and to what extent to impose fines, the department shall consider the following factors:
(1) Gravity of violation including the probability that death or serious physical harm to a client will result or has resulted.
(2) Size of the population at risk as a consequence of the violation.
(3) Severity and scope of the actual or potential harm.
(4) Extent to which the provisions of the applicable statutes or regulations were violated.
(5) Any indications of good faith exercised by the licensee.
(6) The duration, frequency, and relevance of any previous violations committed by the licensee.
(7) Financial benefit to the licensee of committing or continuing the violation.
C. Any such fines levied and collected by the department, subject to applicable law, shall be used for the benefit of clients in adult brain injury facilities and shall be distributed in accordance with criteria promulgated by rules of the department.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.40. Operating without a license or in violation of departmental regulations; injunctive relief

RS 40:2120.40 - Operating without a license or in violation of departmental regulations; injunctive relief
If any adult brain injury facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to be instituted in a district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any group operating the facility from continuing the violation.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.41. Purpose

RS 40:2120.41 - Purpose
The purpose of this Part is to provide an alternative to or a possible prevention of institutionalization of physically, mentally, or functionally impaired adults and to provide for the maintenance of services made available by adult day health care providers.
Acts 2006, No. 637, §1, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.42. Definitions

RS 40:2120.42 - Definitions
As used in this Part:
(1) "Adult day health care" means a medical model adult day health care program designed to provide services for medical, nursing, social, care management, and personal care needs to adults who are functionally impaired. Such services are rendered for a portion of a twenty-four-hour day by utilizing licensed professionals in a center-based nursing program.
(2) "Adult day health care provider" or "provider" means any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any other group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services, as defined in this Section.
(3) "Department" means the Louisiana Department of Health.
(4) "Functionally impaired adults" means persons seventeen years of age or older who are physically or mentally impaired to a degree that they are in need of supervision.
Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2008, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.43. Licensure of adult day health care providers

RS 40:2120.43 - Licensure of adult day health care providers
A. No agency, institution, society, corporation, person or persons, or any other group providing adult day health care services may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department.
B. A license issued to an adult day health care provider shall be valid for only one geographic location and shall be issued only for the person and premises named in the license application.
C A license issued under this Part shall be valid for one year from the date of issuance, unless revoked prior to that date.
D. A license issued under this Part shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.
E. A license issued under this Part shall be on a form prescribed by the department.
F. A license issued under this Part shall not be transferable or assignable.
G. A license issued to an adult day health care provider shall be posted in a conspicuous place on the licensed premises.
Acts 2006, No. 637, §1, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.44. Rules and regulations; licensing standards

RS 40:2120.44 - Rules and regulations; licensing standards
A. The department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of adult day health care providers and to provide for the health, safety, and welfare of persons receiving services from such providers or programs, and to provide for the safe operation of such providers or programs. The rules, regulations, and licensing standards shall become effective upon approval by the secretary of the department in accordance with the Administrative Procedure Act. These rules, regulations, and licensing standards shall have the effect of law.
B. The department shall prescribe, promulgate, and publish rules, regulations, and licensing standards relative to adult day health care providers, to include but not be limited to the following:
(1) Licensure application and renewal application procedures and requirements.
(2) Operational and personnel requirements.
(3) Practice standards to assure quality of care.
(4) Practice standards to assure the health, safety, welfare, and comfort of patients, clients, and persons receiving services.
(5) Survey and complaint investigations.
(6) Initial and annual renewal of licenses.
(7) Provisional licenses.
(8) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.
(9) Planning, construction, and design of the facility to ensure the health, safety, welfare, and comfort of patients, clients, and persons receiving services.
(10) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services, as may be deemed necessary for an effective administration of this Part.
C. The department may promulgate and publish other rules it deems necessary to streamline the application process and maximize participation of adults in need of adult day health care services. The rules, regulations, and licensing standards shall become effective upon approval by the secretary of the department in accordance with the Administrative Procedure Act. These rules and regulations shall have the effect of law.
Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.45. License issuance; application; onsite inspection

RS 40:2120.45 - License issuance; application; onsite inspection
A. Each application for licensure of an adult day health care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.
B. Following receipt of the completed application, the department shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the department finds that the facility meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.
C. As a condition for a renewal of a license, the licensee shall submit to the department a completed annual renewal application on forms prescribed by the department and shall contain such information as required by the department. Upon receipt of the completed annual renewal application, the department shall determine if the facility continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part. The department may perform an onsite survey and inspection upon annual renewal. If the facility continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year.
D. The department may perform an onsite inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.
Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.46. Operation without license; penalty

RS 40:2120.46 - Operation without license; penalty
A. An adult day health care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred nor more than five hundred dollars for each such offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.
B. If an adult day health care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operation until such time as that provider is issued a license by the department.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2006, No. 637, §1, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.47. Moratorium; exceptions

RS 40:2120.47 - Moratorium; exceptions
A. The department shall implement a moratorium on adult health care providers enrolled in the Title XIX program. Under this moratorium, the department shall not approve or enroll any new or additional adult day health care providers into the Title XIX program, except as provided in Subsection B. This moratorium shall become enforceable on August 15, 2006, and shall remain in effect until July 1, 2008.
B. If the department determines that there is a need for new or additional adult day health care providers in a certain geographic location, the department may approve and enroll a new or additional adult day health care provider into the Title XIX program. The department shall promulgate and publish rules in accordance with the Administrative Procedure Act to provide for the following:
(1) Criteria and processes for determining whether such a need exists.
(2) Procedures for selecting an adult day health care provider to be approved and enrolled into the Title XIX program once a need has been determined.
(3) Other such rules or regulations as necessary for the efficiency and effectiveness of approval or enrollment of adult day health care providers into the Title XIX program.
Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.51. Definitions

RS 40:2120.51 - Definitions
As used in this Part, the following definitions shall apply unless the content clearly states otherwise:
(1) "Certified nurse aide" means a certified nursing assistant or certified nurse aide employed by a nursing facility or contracted by a nursing facility.
(2) "Department" means the Louisiana Department of Health.
(3) "Medical staffing agency" means any agency, institution, society, corporation, person or persons, or any other group that provides, for profit, the services of certified nurse aides to a nursing facility.
(4) "Nursing facility" means a nursing home licensed by the Louisiana Department of Health pursuant to R.S. 40:2009.1 et seq., and a unit of a licensed hospital certified as a skilled nursing facility unit.
(5) "Secretary" means the secretary of the Louisiana Department of Health or his designee.
Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.52. State registration of certified nurse aides in nursing facilities

RS 40:2120.52 - State registration of certified nurse aides in nursing facilities
A. Beginning August 15, 2010, a certified nurse aide employed by a nursing facility or contracted by a nursing facility to provide nursing assistant services to the residents of a nursing facility shall be registered with the department.
(1) Each such certified nurse aide shall apply for registration with the department. Each application for registration of a certified nurse aide shall be submitted to the department on forms provided by the department and shall contain such information required by the department. Additional information required by the department shall be provided by the applicant as requested.
(2) The registration will be listed on the Louisiana's Certified Nurse Aide Registry.
(3) No certified nurse aide shall be employed by a nursing facility or contracted by a nursing facility to provide nursing assistant services after August 15, 2010, unless the certified nurse aide has a valid and current registration with the department.
B. The department shall establish the following types of registration for such certified nurse aides:
(1) Unrestricted registration.
(2) Restricted registration.
C.(1) An individual who successfully completes one semester of a registered or practical nursing program that includes a course on foundational nursing skills may apply to take a nurse aide competency evaluation examination approved by the department.
(2) A nurse aide who successfully passes an approved nurse aide competency evaluation examination may register with the Louisiana Certified Nurse Aide Registry and shall not be required to complete a nurse aide training program.
Acts 2009, No. 357, §1, eff. Aug. 15, 2010; Acts 2023, No. 80, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.53. Rules and regulations; standards

RS 40:2120.53 - Rules and regulations; standards
A. The department is hereby authorized and directed to promulgate and publish rules, regulations, and standards in accordance with the Administrative Procedure Act, to provide for the registration of certified nurse aides and to provide for the health, safety, and welfare of residents in nursing facilities. These rules, regulations, and standards shall have the effect of law.
B. The department shall prescribe, promulgate, and publish rules, regulations and standards that may include the following:
(1) Registration application and renewal registration procedures and requirements.
(2) Minimum training requirements.
(3) Complaint procedures and investigations.
(4) Denial, revocation, suspension, non-renewal of registration, and procedures for appeal.
(5) Unrestricted and restricted registration, and procedures for appeal.
(6) Such other regulations or standards as deemed necessary by the department.
Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.54. Duties of the department to investigate complaints against certified nurse aides; complaint allegations; restricted registration; reinstatement

RS 40:2120.54 - Duties of the department to investigate complaints against certified nurse aides; complaint allegations; restricted registration; reinstatement
A. In addition to other investigations as required by state or federal regulation, the department shall investigate the following complaints and allegations against certified nurse aides in nursing facilities:
(1) Abandonment of duties.
(2) Failure to perform assigned certified nurse aide duties when such failure results in a potential for more than minimal harm to a resident.
(3) Conduct unbecoming to a certified nurse aide as defined as any of the following:
(a) Insubordination that results in a potential for more than minimal harm to a resident.
(b) Failure to display competency in the performance of certified nurse aide duties due to the use of alcohol, drugs, illness, or mental or physical condition.
(c) Falsification of documents related to the performance of assigned job duties.
B. If the department substantiates allegations under Subsection A of this Section, the department shall, at its discretion, issue a notice of restricted registration to the certified nurse aide or issue a notice of revocation or suspension of registration to the certified nurse aide.
C. The restricted registration shall impose at least one of the following restrictions:
(1) The certified nurse aide shall work in a licensed nursing facility only as a direct employee of the nursing facility under the direct supervision of a certified nurse aide supervisor or other licensed healthcare professional, for a minimum of six months.
(2) The certified nurse aide shall complete mandatory training or education.
D. The department shall place notice of the restricted registration on the Louisiana's Certified Nurse Aide Registry after final administrative determination or after appeal delays have expired.
E. Upon completion of the imposed restrictions pursuant to Subsection C of this Section, the certified nurse aide shall apply for reinstatement of an unrestricted registration.
Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.55. Duties of the nursing facility

RS 40:2120.55 - Duties of the nursing facility
Prior to employing or contracting with a certified nurse aide, a nursing facility shall verify through the Louisiana's Certified Nurse Aide Registry that the certified nurse aide is currently certified and has a current state registration.
Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.57. Certified nurse aide; medical staffing agencies

RS 40:2120.57 - Certified nurse aide; medical staffing agencies
A. Any medical staffing agency employing or contracting with a certified nurse aide shall, before employing or contracting with a certified nurse aide, verify that the certified nurse aide is certified and listed on the Louisiana's Certified Nurse Aide Registry and shall perform or have performed a criminal background check on each certified nurse aide.
B. All medical staffing agencies shall submit to the department any complaints or grievances received against a certified nurse aide whom they have employed.
C. No medical staffing agency shall employ or contract with a certified nurse aide who holds a restricted registration.
D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars. Each day's violation shall constitute a separate offense.
Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2122. Purpose

RS 40:2122 - Purpose
The purpose of this law is to provide financial assistance to the parents or guardians of an exceptional child for the cost of room, board, and training or therapy, or both, in a private residential facility for exceptional children when a state owned and operated facility appropriate to the needs of the child does not exist or space therein is not available.
Acts 1981, No. 673, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2123. Eligibility for assistance

RS 40:2123 - Eligibility for assistance
Any child whose physical, emotional, mental, or neurological condition so deviates from the normal that he cannot, without special therapy, protective care, or training satisfactorily participate in community living is eligible for assistance under this Part, provided that said child shall be a resident of the state at the time of the application for assistance and a diagnostic workup has been performed pursuant to Louisiana Department of Health rules and regulations.
Acts 1981, No. 673, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2124. Contribution to cost of care by parent; notification; payment; default

RS 40:2124 - Contribution to cost of care by parent; notification; payment; default
A. When the Louisiana Department of Health provides payments for care and treatment of a child under the provisions of this Part, the parent or guardian will be required to contribute to the cost of care of the child in a manner which is (1) consistent with applicable federal and state regulations, (2) commensurate with his ability to pay, and (3) in accordance with a sliding scale which shall be established by the Louisiana Department of Health.
B. The Louisiana Department of Health shall notify parents or guardians of their responsibility to contribute to the cost of care and shall bill the parents or guardians on a periodic basis, but no less often than quarterly, for the amount due.
C. Such payments by parents or guardians shall be made directly to the Louisiana Department of Health and shall be deposited in the state treasury.
D. In the event of default by parents or guardians, the Louisiana Department of Health shall exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Section.
Acts 1981, No. 673, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2125. Age; continuation of assistance; discrimination

RS 40:2125 - Age; continuation of assistance; discrimination
A. Assistance granted in this Part to an exceptional child may be continued until the exceptional person has reached the age of twenty-five years; however, assistance may be continued past age twenty-five if need for continuation of the residence location is necessary to the person's physical or emotional well-being, or both, and such necessity is so certified by appropriate professional authorities approved by the Louisiana Department of Health.
B. Such assistance shall not be provided where an institution or provider discriminates against those seeking services provided herein on the basis of race, color, creed, disability, as defined in R.S. 51:2232, or national origin.
Acts 1981, No. 673, §1; Acts 1993, No. 820, §7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2126. Hospitals for the care of emotionally disturbed children; creation; conversion to full range psychiatric hospitals with satellite community cottages; superintendents

RS 40:2126 - Hospitals for the care of emotionally disturbed children; creation; conversion to full range psychiatric hospitals with satellite community cottages; superintendents
A. There are hereby created four hospitals for the care, treatment, and rehabilitation of emotionally disturbed children, to be located in New Orleans, Baton Rouge, Shreveport, and Alexandria. These hospitals may be converted to full range psychiatric hospitals with satellite community cottages providing services to adults as well as emotionally disturbed children by the secretary of the Louisiana Department of Health upon his determination that there exists a need for such facilities. Each of the said hospitals shall be so limited in size as to allow for not more than three hundred beds.
B. The priority for the construction of the said hospitals shall be in the following order, namely; New Orleans, Baton Rouge, Shreveport, and Alexandria.
C. The secretary of the Louisiana Department of Health shall appoint a superintendent to control and manage each such hospital, subject to the provision of Subsection D hereof. Each superintendent shall be the executive officer of the hospital he is appointed to administer and shall be a classified state employee.
D. Each superintendent, in accordance with law, may appoint necessary employees.
The secretary of the Louisiana Department of Health may make rules and regulations for the operation and management of the said hospitals and, in accordance with the rules and regulations of the civil service commission, shall fix all salaries.
E. The provisions of this Section are expressly made applicable to the subject matters embraced in R.S. 46:1751 through R.S. 46:1767 to the extent necessary to give full effect to this Section.
Acts 1981, No. 673, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2133. Definitions

RS 40:2133 - Definitions
A.(1) "Ambulatory surgical center" means an establishment with an organized medical staff of physicians, with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures, with continuous physician services and registered professional nursing services available whenever a patient is in the facility, which does not provide services or other accommodations for patients to stay overnight, and which offers the following services whenever a patient is in the center:
(a) Drug services as needed for medical operations and procedures performed.
(b) Provisions for physical and emotional well-being of patients.
(c) Provision of emergency services.
(d) Organized administrative structure.
(e) Administrative, statistical and medical records.
(2) "Ambulatory surgical center" also means a treatment center that is operated primarily for the purpose of offering stereotactic radiosurgery by use of a Gamma Knife or similar neurosurgical tool.
B. "Licensing agency" shall be the Louisiana Department of Health.
C. "Use agreement" means a written agreement between a licensed ambulatory surgical center and an individual or entity under which the ambulatory surgical center allows the individual or entity to use its facility, or a portion thereof, on a part-time basis to provide the services of an ambulatory surgical center. A use agreement entered into pursuant to this Part shall comply with all applicable federal laws and regulations.
Added by Acts 1976, No. 596, §1. Amended by Acts 1977, No. 680, §68; Acts 2001, No. 754, §1, eff. June 25, 2001; Acts 2010, No. 491, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2133.1. Use agreement

RS 40:2133.1 - Use agreement
A licensed ambulatory surgical center is hereby authorized to enter into a use agreement as defined in this Part. The licensed ambulatory surgical center shall remain responsible, including during the period of use of an ambulatory surgical center under a use agreement, for compliance with all rules, regulations, and minimum licensing standards for ambulatory surgical centers.
Acts 2010, No. 491, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2134. Applicability

RS 40:2134 - Applicability
The provisions of this Part shall apply only to ambulatory surgical centers and shall not apply to hospitals, as defined by R.S. 40:2102, or nursing homes, as defined in R.S. 40:2009.2.
Added by Acts 1976, No. 596, §1; Acts 1999, No. 696, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2135. Provisional licenses

RS 40:2135 - Provisional licenses
A provisional license may be issued to an ambulatory surgical center for a period of six months in cases where sufficient compliance with regulations, rules, and minimum standards require an extension of time. The failure to comply must not be detrimental to the health and safety of the public.
Added by Acts 1976, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2136. Rules; regulations; minimum standards

RS 40:2136 - Rules; regulations; minimum standards
A. The licensing agency shall establish rules, regulations, and minimum standards for the licensing of ambulatory surgical centers, such rules, regulations, and minimum standards becoming effective upon approval of the secretary of the Louisiana Department of Health.
B. Notwithstanding the provisions of R.S. 49:962, or any other law, rule, or regulation, the licensing agency shall establish rules, regulations, and minimum standards for the licensing of ambulatory surgical centers as defined in R.S. 40:2133 by adopting emergency rules in accordance with the Administrative Procedure Act.
C. The licensing agency shall establish rules, regulations, and minimum standards for a use agreement entered into pursuant to this Part by promulgating rules in accordance with the Administrative Procedure Act.
Added by Acts 1976, No. 596, §1. Amended by Acts 1977, No. 680, §69; Acts 2001, No. 754, §1, eff. June 25, 2001; Acts 2010, No. 491, §1; Acts 2021, No. 211, §10.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2137. Procedure and investigation relative to issuance of license

RS 40:2137 - Procedure and investigation relative to issuance of license
A. Following receipt of an application for license, the licensing agency shall issue a license if the applicant and hospital facility meet the requirements established under this Part and the minimum standards adopted in pursuance thereof.
B. Any officer or duly authorized agent of the licensing agency or the fire marshal may enter and inspect any building or premises at any reasonable time to secure compliance with or to prevent the violation of any provision of this Part.
C. The licensing agency may, either before or after the issuance of a license, request the cooperation of the fire marshal to make investigations to determine if the applicant or licensee is complying with the minimum standards promulgated by the licensing agency. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards. It shall be the duty of the fire marshal to cooperate with the licensing agency in the enforcement of this Part and the minimum standards adopted in pursuance thereof when called upon by the licensing agency.
Added by Acts 1976, No. 596, §1. Amended by Acts 1977, No. 680, §70.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2138. Confidential nature of financial information and financial records

RS 40:2138 - Confidential nature of financial information and financial records
Notwithstanding the provisions of the Public Records Act, financial information and financial records received by the licensing agency under the provisions of this Part shall be held confidential and shall not be disclosed except when subpoenaed in a proceeding for the revocation, suspension, or denial of a license.
Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Acts 1999, No. 1289, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2139. Fees and limitations

RS 40:2139 - Fees and limitations
A. The application by any person for a license or renewal of a license to operate an ambulatory surgical center shall be accompanied by a fee of five hundred dollars which is hereby levied as the license fee for operation of an ambulatory surgical center for a period of one year; provided ambulatory surgical centers subject to the licensing requirements of this Part which are owned and operated by the state of Louisiana shall be exempt from payment of the fees stipulated in this Section. The fees herein levied and collected shall be paid into the general fund.
B. Each license issued hereunder shall be for a period of one year from date of issuance unless sooner revoked, shall be on a form prescribed by the licensing agency, shall not be transferable or assignable, shall be issued only for the person and premises named in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application and payment of the license fee as in the case of procurement of an original license.
Added by Acts 1976, No. 596, §1; Acts 1986, No. 497, §1, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2140. Application

RS 40:2140 - Application
An application for a license shall be made to the licensing agency on forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed hereunder and information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be supplied on supplemental forms as needed.
Added by Acts 1976, No. 596, §1; Acts 1985, No. 342, §2, eff. July 9, 1985.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2141. Denial, suspension or revocation of license; appeal

RS 40:2141 - Denial, suspension or revocation of license; appeal
The procedure of denial, suspension, or revocation of licenses, and appeals therefrom, will be the same as provided for in the licensing of hospitals, as contained in Louisiana R.S. 40:2110.
Added by Acts 1976, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2142. Geriatric hospitals and units

RS 40:2142 - Geriatric hospitals and units
A. The department may establish and administer geriatric hospitals or units to receive and care for persons who are elderly or infirm who have been discharged by a hospital for persons with mental illness and for other persons who are elderly or infirm who are in need of nursing and medical care. Such hospitals or units may be established on sites designated by the department in quarters constructed or designated by the department, provided that no such geriatric hospital or unit may be established on any site located more than five air miles from the administrative office of Eastern Louisiana Mental Health System or more than one air mile from the administrative office of Central Louisiana State Hospital.
B. Nothing in this Section shall prohibit the department from establishing a geriatric hospital located in the present Ward 14 of Orleans Parish.
C. Persons admitted to such geriatric hospitals or units or their responsible relatives shall pay the cost of their maintenance and care.
D. The Villa Feliciana Medical Complex located at Jackson, Louisiana, shall be administered by the department.
Acts 1977, No. 680, §71. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1979, No. 763, §2; Acts 1987, No. 617, §2; Acts 1997, No. 641, §3; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2017, No. 369, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2145. Electronic signatures

RS 40:2145 - Electronic signatures
A. Electronic signatures of health care providers may be permitted on hospital records.
B. The Louisiana Department of Health shall develop guidelines to regulate the use of electronic signatures which may include limitations on which documents may be signed electronically, but any such limitation shall not prohibit the use of electronic signatures on discharge summaries and attestations.
C. The department shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act, all applicable rules and guidelines established by the Health Care Financing Authority, and all standards established by the Joint Commission on Accreditation of Healthcare Organizations.
Acts 1992, No. 1109, §1; Acts 2001, No. 1032, §14.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2152. Purpose

RS 40:2152 - Purpose
The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for integrated behavioral health services under one license, to provide for the health, safety, and welfare of persons receiving behavioral health services, and to provide for the safe operation and maintenance of providers and facilities providing such care.
Acts 2013, No. 308, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2154.1. Accredited mental health rehabilitation providers; licensure required

RS 40:2154.1 - Accredited mental health rehabilitation providers; licensure required
A. Any healthcare provider that meets all of the following criteria is hereby required to obtain a license in accordance with the provisions of this Part prior to April 1, 2018, in order to provide behavioral health services:
(1) Was an accredited mental health rehabilitation provider enrolled in the Louisiana Medicaid program as of February 28, 2012.
(2) Was enrolled with the statewide management organization for the Louisiana Behavioral Health Partnership as of March 1, 2012.
(3) Maintains continuous, uninterrupted accreditation through an approved accreditation organization.
(4) Maintains continuous, uninterrupted enrollment with the statewide management organization for the Louisiana Behavioral Health Partnership.
B. Each healthcare provider required by the provisions of this Section to obtain a license shall submit a completed application to the department for such license on or before December 1, 2017.
Acts 2017, No. 33, §1, eff. June 3, 2017.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2155. Licensure of behavioral health services providers

RS 40:2155 - Licensure of behavioral health services providers
A. All behavioral health services providers shall be licensed. No facility, agency, institution, person, society, corporation, partnership, unincorporated association, group, or other legal entity providing behavioral health services may be established, operated, or reimbursed under the Medicaid program unless licensed as a behavioral health services provider to perform such care by the department.
B.(1) A license issued to a behavioral health services provider shall be valid for only one geographic location and shall be issued only for the person and premises named in the license application.
(2) The geographic service location for a public or private behavioral health services provider licensed pursuant to this Part shall be defined to include all of the following:
(a) The parish in which the provider's business office is located.
(b) Any parish contiguous to the parish in which the provider's business office is located.
(c) Any location within a fifty-mile radius of the provider's business office.
(3) A behavioral health service provider may operate within a fifty-mile radius of one designated offsite location.
(4) A licensed mental health professional or a provisionally licensed mental health professional acting within his scope of practice, who is employed by a behavioral health service provider licensed pursuant to this Part, may provide professional outpatient psychiatric services to any established client or patient, regardless of the client's or patient's particular location within the state.
C. A license pursuant to this Part shall be valid for twelve months, beginning the month of issuance, unless revoked or otherwise suspended prior to that date.
D. A license issued pursuant to this Part shall be on a form prescribed by the department.
E. A license pursuant to this Part shall not be transferrable or assignable.
F. A license issued to a behavioral health services provider shall be posted in a conspicuous place on the licensed premises.
G. A license issued to a behavioral health services provider shall list the types or modules of behavioral health services that the provider is licensed to provide.
Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2021, No. 372, §2; Acts 2022, No. 344, §1; Acts 2022, No. 390, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2157. License issuance; application; onsite inspection

RS 40:2157 - License issuance; application; onsite inspection
A. Each application for licensure of a behavioral health services provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.
B. Each application for licensure and each license renewal application shall be accompanied by a nonrefundable license fee in the amount required pursuant to R.S. 40:2006.
C. Following receipt of the completed initial licensing application and licensing fee, the department shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the department finds that the provider meets the requirements established under this Part and under the licensing standards adopted pursuant to this Part, a license shall be issued.
D. As a condition for renewal of license, the licensee shall submit to the department a completed annual renewal application on the forms prescribed by the department, which shall contain all information required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the facility continues to meet the requirements established under this Part and under the licensing standards adopted pursuant to this Part. The department may perform an onsite survey and inspection upon annual renewal. If the provider continues to meet the requirements established under this Part and under the licensing standards adopted pursuant to this Part, a license shall be issued which shall be valid for up to one year, unless otherwise revoked or suspended.
E. The department may perform an onsite inspection at reasonable times as necessary to ensure compliance with this Part.
Acts 2013, No. 308, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2158. Operation without license; penalty

RS 40:2158 - Operation without license; penalty
A. A behavioral health services provider shall not operate without a license issued by the department. Any provider or facility operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.
B. If a behavioral health services provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the department.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2013, No. 308, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2159. Opioid treatment programs

RS 40:2159 - Opioid treatment programs
The department shall not license any opioid treatment programs under the behavioral health services provider license unless the department, in its discretion, determines that there is a need for another opioid treatment program in a certain geographic location. The department has promulgated and adopted rules and regulations in accordance with the Administrative Procedure Act to provide for the criteria and processes for determining whether such a need exists and the procedures for selecting an opioid treatment program to be licensed once a need has been determined.
Acts 2013, No. 308, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2159.1. Residential substance use disorder facilities

RS 40:2159.1 - Residential substance use disorder facilities
A.(1) Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider that provides treatment for opioid use disorder shall provide all of the following:
(a) Onsite access to at least one form of FDA-approved opioid antagonist treatment.
(b) Onsite access to at least one form of FDA-approved partial opioid agonist treatment.
(2) For purposes of this Section, "onsite access" shall mean delivery of the treatment to the patient at the location of the residential substance use disorder facility. "Onsite access" shall not mean that the residential substance use disorder facility is required to maintain stock of the medication-assisted treatment at the facility.
(3) A residential substance use disorder facility shall not be found to be in violation of this Section if prior authorization from a patient's health insurer, including a Medicaid program, is required and the preapproval request is denied by the patient's health insurer.
B. Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider which provides treatment for opioid use disorder shall submit to the department on its initial licensing application or its annual licensing renewal application an attestation as to whether it is complying with the requirements of Subsection A of this Section. The requirement for submission of the attestation shall commence on January 1, 2021. If the licensed facility is not fully complying with the requirements of Subsection A of this Section, then the attestation that the facility submits shall include a report addressing its progress toward satisfying those requirements.
Acts 2019, No. 425, §1, eff. Jan. 1, 2020.