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2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:610. Payment of winnings; collection and use of funds

RS 27:610 - Payment of winnings; collection and use of funds
A.(1) Winning wagers that were placed in person or via a sports wagering mechanism with cash and are evidenced by a ticket receipt shall be redeemed by a player within one hundred eighty days after the date of the event. An operator shall pay tickets upon presentation after performing validation procedures unless otherwise allowed pursuant to the rules and regulations of the board.
(2) The failure to present a winning ticket within the prescribed time shall constitute a waiver of the right to the payment, and the holder of the ticket shall thereafter have no right to enforce payment of the ticket.
(3)(a) An operator's obligation to pay a winning ticket shall expire one hundred eighty days after the date of the sports event if not presented for payment.
(b) The funds held by any operator for payment of outstanding tickets shall be retained by the operator for that purpose until the expiration of one hundred eighty days after the date of the sports event.
(c) After such time, the operator shall each day accumulate the amount equal to the sum of any unclaimed winnings, less the amount of state tax paid by the licensee on the unclaimed monies that expire that day. On or before the fifteenth day of the first month following the end of a calendar-year quarter, the licensee shall remit to the state treasurer for deposit into the Crime Victims Reparations Fund as provided for in R.S. 46:1816 an amount equal to the accumulated total for the previous calendar-year quarter. The funds shall be used exclusively to pay the expenses associated with health care services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in R.S. 15:622.
B. Winning wagers placed using a sports wagering account shall be credited by the operator to the patron's account within one day after the date of the event unless otherwise allowed pursuant to the rules and regulations of the board.
Acts 2021, No. 440, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:611. Layoff bets

RS 27:611 - Layoff bets
An operator may seek to reduce its risk exposure on a sports event by placing a wager with another book. An operator may accept wagers placed by other operators. An operator may place wagers only with other operators. The operator that places a wager shall inform the book accepting the wager that the wager is being placed by a book and shall disclose the book's identity.
Acts 2021, No. 440, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:621. Sports wagering license fee

RS 27:621 - Sports wagering license fee
A. The initial application fee for a sports wagering license shall be two hundred fifty thousand dollars and shall be nonrefundable. The initial application fee shall be submitted at the time of application.
B. The license fee for a sports wagering license issued pursuant to R.S. 27:604 shall be five hundred thousand dollars. The license shall be for a term of five years. The license fee shall be submitted on the anniversary date of the issuance of the license every five years. The first license payment shall be submitted at the time of application.
C. The division shall collect all fees imposed or assessed pursuant to the provisions of this Section and deposit the fees into the Sports Wagering Enforcement Fund established in R.S. 27:626.
Acts 2021, No. 80, §3, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:622. Sports wagering platform provider permit fee

RS 27:622 - Sports wagering platform provider permit fee
A. The initial application fee for a sports wagering platform provider permit shall be one hundred thousand dollars and shall be nonrefundable. The initial application fee shall be submitted at the time of application.
B. The permit fee for a sports wagering platform provider permit issued pursuant to R.S. 27:605 shall be two hundred fifty thousand dollars. The permit shall be for a term of five years. The permit fee shall be submitted on the anniversary date of the issuance of the permit every five years. The first permit payment shall be submitted at the time of application.
C. The division shall collect all fees imposed or assessed pursuant to the provisions of this Section and deposit the fees into the Sports Wagering Enforcement Fund established in R.S. 27:626.
Acts 2021, No. 80, §3, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:623. Sports wagering service provider permit fee

RS 27:623 - Sports wagering service provider permit fee
A. The initial application fee for a sports wagering service provider permit shall be ten thousand dollars and shall be nonrefundable. The initial application fee shall be submitted at the time of application.
B. The permit fee for a sports wagering service provider permit issued pursuant to R.S. 27:29.2 shall be twelve thousand five hundred dollars. The permit shall be for a term of five years. The permit fee shall be submitted on the anniversary date of the issuance of the permit every five years. The first permit payment shall be submitted at the time of application.
C. The division shall collect all fees imposed or assessed pursuant to the provisions of this Section and deposit the fees into the Sports Wagering Enforcement Fund established in R.S. 27:626.
Acts 2021, No. 80, §3, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:624. Sports wagering distributor permit fee

RS 27:624 - Sports wagering distributor permit fee
A. The initial application fee for a sports wagering distributor permit shall be five thousand dollars and shall be nonrefundable. The initial application fee shall be submitted at the time of application.
B. The permit fee for a sports wagering distributor permit issued pursuant to R.S. 27:29.2 shall be two thousand five hundred dollars. The permit shall be for a term of five years. The permit fee shall be submitted on the anniversary date of the issuance of the permit every five years. The first permit payment shall be submitted at the time of application.
C. The division shall collect all fees imposed or assessed pursuant to the provisions of this Section and deposit the fees into the Sports Wagering Enforcement Fund established in R.S. 27:626.
Acts 2021, No. 80, §3, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:626. Sports Wagering Enforcement Fund

RS 27:626 - Sports Wagering Enforcement Fund
A. There is hereby created in the state treasury a special fund designated as the "Sports Wagering Enforcement Fund", hereafter referred to as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund monies from license, application, and permit fees collected pursuant to this Part. Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund shall remain in the fund. Monies in the fund shall be appropriated, administered, and used solely as provided in this Section.
B. The monies in the fund shall be withdrawn only pursuant to appropriation by the legislature and shall be used solely for the expenses of the Department of Public Safety and Corrections, the Department of Justice, and the Louisiana Gaming Control Board, including regulatory, administrative, investigative, enforcement, legal, and other expenses as may be necessary to carry out the provisions of this Chapter and the rules of the board.
Acts 2021, No. 80, §3, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:627. Promotional play

RS 27:627 - Promotional play
A. Eligible promotional play shall be equal to the amount of dollars directly attributable to promotional play wagers related to sports wagering and actually redeemed by players and patrons.
B. Eligible promotional play shall not exceed an amount of five million dollars per calendar year.
C. The maximum amount of eligible promotional play provided by Subsection B of this Section shall apply per licensee.
D.(1) In no event shall a licensee claim eligible promotional play from more than one sports wagering platform in a calendar year.
(2) Notwithstanding Paragraph (1) of this Subsection, on and after January 1, 2023, a licensee may allocate, by contract, all or a portion of its eligible promotional play to its contracted sports wagering platform provider. In no event shall the combined eligible promotional play claimed by a sports wagering licensee and its contracted sports wagering platform provider exceed the total maximum amount of eligible promotional play per licensee as provided in this Section.
E. If a sports wagering platform provider contracts with more than one sports wagering licensee, it may not claim more than the maximum amount of eligible promotional play per licensee as provided in this Section in any calendar year, regardless of the amount allocated to it by multiple sports wagering licensees.
Acts 2021, No. 80, §3, eff. July 1, 2021; Acts 2021, No. 440, §1, eff. July 1, 2021; Acts 2022, No. 266, §1, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:628. Sports Wagering Local Allocation Fund

RS 27:628 - Sports Wagering Local Allocation Fund
A. There is hereby created in the state treasury a special fund to be known as the Sports Wagering Local Allocation Fund, hereafter referred to as the "fund".
B. Monies in the fund shall be remitted monthly, by proportionate distribution, to each parish governing authority in which the taxable conduct pursuant to R.S. 27:625 occurred. The distribution associated with mobile wagering only shall be proportionate to the population percentage of each parish that approved a proposition to allow sports wagering compared to the total population of the parishes based on the latest federal decennial census.
Acts 2021, No. 435, §1, eff. June 21, 2021; Acts 2022, No. 266, §1, eff. July 1, 2022; Acts 2023, No. 286, §1.
2023 Louisiana Laws › Revised Statutes › Title 27 - Louisiana Gaming Control › §27:629. Pari-mutuel wagering; commissions, fees, and other deductions

RS 27:629 - Pari-mutuel wagering; commissions, fees, and other deductions
Any commissions, fees, and other deductions on racehorse wagering shall be in accordance with Chapter 4 of Title 4 of the Louisiana Revised Statutes of 1950.
Acts 2022, No. 530, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:3. Application of Chapter; costs

RS 28:3 - Application of Chapter; costs
The provisions of this Chapter apply to persons who are suffering from mental illness or substance-related or addictive disorders. Nothing in this Chapter referring to costs shall be construed to defer or prevent the care of a person in a state psychiatric hospital or state treatment facility, nor his release therefrom.
Amended by Acts 1954, No. 701, §1; Acts 1978, No. 680, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:12. Legislative declaration of intent

RS 28:12 - Legislative declaration of intent
It is the intent of the legislature to preserve vital state funding for behavioral health services to ensure delivery of and access to quality care for those in desperate need of such services throughout the state. Many citizens in the state have limited access to behavioral health services because of the massive cuts, both federal and state, in behavioral health funding. The legislature also finds that the provision of high-quality behavioral health services, regardless of setting, is of overriding importance. The state wholly supports efforts to assist individuals suffering from serious and persistent mental illness, substance-related or addictive disorders, or both in their efforts to participate fully in society. As such, the Louisiana Department of Health, referred to hereafter in this Part as the "department", should streamline the delivery of behavioral health services through the prudent allocation of existing resources. The department will improve the safety and health of individuals, families, and communities by providing leadership and establishing and participating in partnerships for the continuation of behavioral health services throughout the state, including cooperative agreements, mergers, joint ventures, and consolidations among behavioral health care facilities. Consumer and advocate participation in the process can only aid in the delivery of services to those most in need. To improve the quality of services available and promote treatment, which often involves the rehabilitation, recovery, and reintegration of persons suffering from mental illness, substance-related or addictive disorders, or both, the state should secure adequate funding for behavioral health services and require state departments to exercise fiscal responsibility in the allocation of these resources.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:13. Management of behavioral health resources

RS 28:13 - Management of behavioral health resources
In the operational management of the office of behavioral health, the department may guarantee the efficient and effective use and retention of the state's scarce behavioral health resources to adequately provide for the peace, health, safety, and general welfare of the public, by ensuring the following:
(1) Accountability of efficient and effective services through state-of-the-art quality and performance measures and statewide standards for monitoring quality of service and performance and reporting of quality of service and performance information. These processes may be designed so as to maximize the use of available resources for direct care of people who have a mental illness or a substance-related or addictive disorder and to assure uniform data collection across the state.
(2) Creation and implementation of minimum service delivery standards.
(3) Coordination of integration of services offered by department and behavioral health communities, including the office of behavioral health and its respective contract providers, involved in the delivery of mental and behavioral health treatment, along with local systems and groups, public and private, such as state psychiatric hospitals, public health organizations, parish authorities, child protection, and regional support networks, aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide behavioral health services to adults and children throughout the state.
(4) Implementation of a system of reimbursement by the Medical Assistance Program to private hospitals and to state hospitals for covered Medicaid services that, to the extent possible, allocates funding in the areas of the state based on needs, population, and acuity level as determined by the department. The system of reimbursement provided for in this Paragraph may be subject to approval by the Centers for Medicare and Medicaid Services.
(5) Recognition of the respective local governing entities of the state as a focal point of all behavioral health planning activities, including budget submissions, grant applications, contracts, and other arrangements that can be effected at the state and local levels.
(6) Performance by state agencies licensing and monitoring contracted providers in the most cost-efficient and effective manner with limited duplication and disruption to organizations providing services.
(7) Adequate research and evaluation regarding the effectiveness of services being provided and achievement of outcome measures.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:14. Funding priorities; cost-effectiveness

RS 28:14 - Funding priorities; cost-effectiveness
A. The department may ensure that all current and future funds are expended in the most cost-effective manner and services are provided in accordance with recommended best practices subject to state oversight to ensure accountability to taxpayers and the public. The department may evaluate existing proposed expenditure plans for behavioral health services and determine the best use of such funds to achieve positive policy outcomes in the behavioral health community. This effort may involve the use of innovative methods of expanding the reach of current funding and securing increased local, regional, state, federal, or private source funding in the future. The department may develop methods for estimating the need for behavioral health services in certain regions of the state, with special attention to underfunded and inaccessible programs, and allocate state funds or resources according to that need.
B. The state may continue to provide funding for behavioral health services that are not less than the existing allocations from the state general fund.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:15. Innovative behavioral health services; programs

RS 28:15 - Innovative behavioral health services; programs
A. The department may develop goals, objectives, and priorities for the creation of innovative programs which promote and improve the behavioral health of the citizens of the state by making treatment and support services available to those persons who are most in need and least able to pay. These programs may achieve the following:
(1) Increase access to underserved groups.
(2) Increase the quality of services, including better outcomes.
(3) Promote interagency collaboration by improving the integration and effectiveness of state agencies responsible for behavioral health care.
(4) Increase access to services.
(5) Ensure cost-effectiveness of services.
(6) Encourage delivery of services more efficiently and effectively.
(7) Mitigate the cost of the delivery of services.
(8) Increase effectiveness of treatment and management strategies.
(9) Promote emerging best practices and increased quality of care in the delivery of behavioral health services.
B. The department may collaborate with behavioral health advocates, clinicians, physicians, professional organizations, local governing entities, local citizens, consumers, and family members in the planning, designing, and implementation of innovative mental and behavioral health service programs and priorities in their respective regions throughout the state.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:20. Admission to Louisiana Department of Health facilities; legislative findings; criteria

RS 28:20 - Admission to Louisiana Department of Health facilities; legislative findings; criteria
A. The legislature hereby finds and declares that residents of Louisiana may require appropriate care for mental illness or developmental disabilities. However, the resources and staffing available to the department may be inadequate to provide care to all persons.
B. Notwithstanding any other provision of law to the contrary, no person shall be admitted to a department facility, whether admission or services are sought voluntarily, by court order, or by commitment, unless the person meets the criteria of rules promulgated by the department. Said rules shall not violate standards of commitment and the selection of a treatment facility as set forth in R.S. 28:2 through 171.
Acts 2003, No. 1249, §1, eff. July 1, 2003; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:21. State psychiatric hospitals

RS 28:21 - State psychiatric hospitals
A. For purposes of this Part, "state psychiatric hospital" refers to the hospital at Jackson, known as the Eastern Louisiana Mental Health System, and the hospital at Pineville, known as the Central Louisiana State Hospital, which are designated as the hospitals for persons who have a mental illness or a substance-related or addictive disorder until such time as separate or other hospitals are established. The assistant secretary of the office of behavioral health of the department may reorganize and consolidate the administration of the hospitals or facilities.
B. The assistant secretary of the office of behavioral health of the department may establish residential settings as satellite facilities to these hospitals from funds presently allocated or to be allocated to these hospitals by the legislature.
C. Any site designated under this Section shall comply with any applicable local and state building or zoning ordinances and laws.
D. Any site selected by the assistant secretary must be approved by the local governing authority.
E. Repealed by Acts 2009, No. 384, §4, eff. July 1, 2010.
Amended by Acts 1954, No. 701, §1; Acts 1978, No. 678, §1; Acts 1997, No. 174, §1; Acts 2001, No. 193, §1, eff. May 31, 2001; Acts 2009, No. 384, §§2, 4, eff. July 1, 2010; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:21.1. Substance-related and addictive disorders; treatment in state psychiatric hospitals

RS 28:21.1 - Substance-related and addictive disorders; treatment in state psychiatric hospitals
A. The Louisiana Department of Health is authorized to accept indigent patients suffering from co-occurring substance-related or addictive disorders and to give such patients the care and treatment required.
B. The purpose of this Section is to recognize substance-related and addictive disorders as a sickness or disease and to place those suffering from it in the same position relative to obtaining treatment as persons suffering from other diseases.
Added by Acts 1952, No. 288, §§1 to 3; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:22.5. Community behavioral health clinics; behavioral health services providers

RS 28:22.5 - Community behavioral health clinics; behavioral health services providers
A. Community behavioral health clinics are facilities operating as behavioral health services providers as defined in R.S. 40:2153 and licensed by the department pursuant to the provisions of R.S. 40:2151 et seq. Community behavioral health clinics may be operated or contracted by local governing entities and may be a component of the crisis response system.
B. Community behavioral health clinics are differentiated from community mental health centers, which are certified by the federal government and defined by 42 CFR 410.2 as entities that provide certain services as described in the Public Health Service Act and meet federal criteria for operation and reimbursement.
Added by Acts 1962, No. 160, §1. Amended by Acts 1964, No. 294, §1; Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:22.6. Payment for maintenance or treatment

RS 28:22.6 - Payment for maintenance or treatment
Persons or their responsible relatives who are able to pay all or a part of the cost of their maintenance or treatment or both at the units named in R.S. 28:22 through R.S. 28:22.5 shall reimburse the department to the extent of their ability to pay at rates to be fixed by the department.
Added by Acts 1962, No. 160, §1. Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:22.7. Geriatric hospitals and units

RS 28:22.7 - 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 who have a mental illness and for other persons who are elderly or infirm and in need of nursing and medical care. Such hospitals or units may be established on sites 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. Persons admitted to such geriatric hospitals or units or their responsible relatives shall pay the cost of their maintenance and care.
B. The geriatric hospital at Jackson, Louisiana, known as Villa Feliciana, is created and established, which hospital shall be under the administration of the Louisiana Department of Health. The hospital shall hereafter be designated as Villa Feliciana Medical Complex.
Added by Acts 1962, No. 160, §1. Amended by Acts 1967, No. 91, §1; Acts 1972, No. 253; Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1987, No. 617, §1; Acts 1993, No. 170, §1, eff. May 31, 1993; Acts 1997, No. 641, §1; Acts 2006, No. 465, §1, eff. June 15, 2006; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:22.8. State developmental centers

RS 28:22.8 - State developmental centers
A. The names of the following state developmental centers for persons with developmental disabilities are designated as follows:
(1) Pinecrest Supports and Services Center.
(2) Northwest Supports and Services Center.
(3) North Lake Supports and Services Center.
(4) Central Louisiana Supports and Services Center.
B. Under such names, these facilities shall continue to serve as centers for persons with developmental disabilities.
Acts 1985, No. 813, §2; Acts 1991, No. 253, §1, eff. July 2, 1991; Acts 2007, No. 325, §1, eff. July 9, 2007; Acts 2012, No. 232, §1, eff. May 22, 2012; Acts 2019, No. 411, §2, eff. June 20, 2019.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:22.9. Rosenblum Mental Health Center

RS 28:22.9 - Rosenblum Mental Health Center
The name of the Hammond Mental Health Center is changed to the Rosenblum Mental Health Center and under such name it shall continue to serve as an outpatient center for the care, treatment, and rehabilitation of persons who have a mental illness and persons with intellectual or developmental disabilities at the region level.
Acts 1986, No. 776, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:23. Psychiatric inpatient units in state general hospitals

RS 28:23 - Psychiatric inpatient units in state general hospitals
The department may establish psychiatric inpatient units in state-owned or state-contracted general hospitals for the emergency and temporary care of cases of acute mental illness.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1999, No. 466, §1, eff. June 18, 1999; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:25. Provisions for close confinement of certain patients who have a mental illness

RS 28:25 - Provisions for close confinement of certain patients who have a mental illness
A. At hospitals that it may designate, the department may provide facilities for the care and confinement of patients who have a mental illness and who require close confinement in the interest of themselves and of the public.
B. The department shall designate places of confinement for patients of dangerous tendencies and for clients charged with or convicted of a crime who require special protection and restraint.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:25.2. Granting of passes to Feliciana Forensic Facility clients

RS 28:25.2 - Granting of passes to Feliciana Forensic Facility clients
A. Notwithstanding any other provision of law to the contrary, including any provision of the Code of Criminal Procedure, the administrator of the Feliciana Forensic Facility, in his discretion, may grant any client committed to his custody a pass or furlough from the facility, except those clients who are under commitment to the Department of Public Safety and Corrections.
B. The administrator shall not grant any client a pass or furlough for release from the facility except upon the recommendation of the client's treating psychiatrist and with prior approval of the committing court. The administrator may impose conditions on a pass or furlough. Any pass or furlough granted shall be for a fixed period of time.
Acts 1987, No. 585, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:31. Findings

RS 28:31 - Findings
The legislature finds that there is a need for a secured residential facility for any person found not guilty of a crime by reason of insanity or found incompetent to stand trial after such person has been released from a state forensic facility. Historically, all secured residential facilities have been overseen by the Department of Children and Family Services under its authority to regulate traditional adult residential care homes. Nevertheless, it is now more appropriate and efficient for the Louisiana Department of Health to license and regulate secured residential facilities serving forensic clients due to the mental health issues of the residents, the fact that the individuals are discharged from forensic hospitals operated by the Louisiana Department of Health, and the security issues involved at such facilities. Thus, the licensing of secured residential facilities serving forensic clients shall be transferred from the Department of Children and Family Services to the Louisiana Department of Health and licensed as forensic supervised transitional residential and aftercare facilities in accordance with this Part. The licensing of all other adult residential care homes shall remain in the Department of Children and Family Services pursuant to R.S. 40:2151 through 2161.
Acts 2008, No. 332, §1, eff. June 17, 2008.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:32. Definitions

RS 28:32 - Definitions
As used in this Part:
(1) "Department" means the Louisiana Louisiana Department of Health.
(2) "Forensic clients" means persons transitioned from a forensic facility established pursuant to R.S. 28:25.1(A) or (B).
(3) "Forensic supervised transitional residential and aftercare facility" means an agency, business, institution, society, corporation, person or persons, or any other group, licensed by the department to provide supervised transitional residential and aftercare services to forensic clients including persons in court-ordered conditional release status. A forensic supervised transitional residential and aftercare facility shall provide clients referred by forensic facilities or under court-ordered forensic conditional release with individualized services to develop daily living skills and to prepare for vocational adjustment and reentry into the community.
Acts 2008, No. 332, §1, eff. June 17, 2008.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:33. Licensure of forensic supervised transitional residential and aftercare facilities

RS 28:33 - Licensure of forensic supervised transitional residential and aftercare facilities
A. No agency, business, institution, society, corporation, person or persons, or any other group providing services as a forensic supervised transitional residential and aftercare facility 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 a forensic supervised transitional residential and aftercare facility shall:
(1) Be valid for only one geographic location and issued only for the person and premises named in the license application.
(2) Be valid for one year from the date of issuance, unless revoked or suspended prior to that date.
(3) 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.
(4) Be on a form prescribed by the department.
(5) Not be transferrable or assignable.
(6) Be posted in a conspicuous place on the licensed premises.
Acts 2008, No. 332, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:34. Rules and regulations; licensing standards

RS 28:34 - Rules and regulations; licensing standards
A. The licensing agency of 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 forensic supervised transitional residential and aftercare facilities, to provide for the health, safety, and welfare of persons receiving services from such facilities or providers, and to provide for the safe operation of such facilities or providers. The rules, regulations, and licensing standards shall become effective upon approval of 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 licensing agency of the department shall prescribe, promulgate, and publish rules, regulations, and licensing standards 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, rights, and comfort of patients, clients, and persons receiving services.
(5) Survey and complaint investigations.
(6) Initial license, renewal of license, full license, and provisional license.
(7) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.
(8) Planning, construction, design, and implementation of the facility or provider to ensure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.
(9) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services.
C. The secretary of the department is further authorized to set and collect fees for the licensure of forensic supervised transitional residential and aftercare facilities. The license fees shall not exceed the costs of licensure and shall not exceed two hundred fifty dollars in addition to other fees established by the legislature.
Acts 2008, No. 332, §1, eff. June 17, 2008.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:35. License issuance; application; on-site inspection

RS 28:35 - License issuance; application; on-site inspection
A. Each application for licensure of a forensic supervised transitional residential and aftercare facility shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.
B. Each application for licensure shall be accompanied by a nonrefundable license fee in the amount set by the licensing agency in accordance with R.S. 28:34.
C.(1) Following receipt of the completed application and licensing fee, the licensing agency shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the licensing agency finds that the facility or provider meets the requirements established and the licensing standards adopted by the department, a license shall be issued.
(2) The licensing agency may perform an on-site inspection at reasonable times as necessary to ensure compliance by the facility.
Acts 2008, No. 332, §1, eff. June 17, 2008.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:36. License renewal; failure to timely renew

RS 28:36 - License renewal; failure to timely renew
A. As a condition for renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and shall contain such information as required by the agency; additionally a nonrefundable, 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 licensing agency shall determine if the facility or provider continues to meet the requirements established and the licensing standards adopted by the department. The licensing agency may perform an on-site survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established and the licensing standards adopted by the department, a license shall be issued which is valid for one year.
B. Any person, partnership, corporation, unincorporated association, or other legal entity currently operating or planning to operate a forensic supervised transitional residential and aftercare facility and who is licensed by the department shall be assessed a delinquent fee of two hundred fifty dollars for failure to timely renew its license. This fee shall be assessed for each day of such offense and shall be in addition to any renewal or other applicable fee. The delinquent fee described in this Subsection shall be assessed and shall become due and payable to the department at 12:01 a.m. on the first day following the expiration date of the license.
Acts 2008, No. 332, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:37. Operation without license; penalty

RS 28:37 - Operation without license; penalty
A. A forensic supervised transitional residential and aftercare facility shall not operate without a license issued by the licensing agency. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for each day of operation without a license up to a maximum of 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 forensic supervised transitional residential and aftercare facility is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or 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 applicable licensing agency.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately.
Acts 2008, No. 332, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:50. Declaration of policy

RS 28:50 - Declaration of policy
The underlying policy of this Chapter is as follows:
(1) That persons who have a mental illness and persons suffering from a substance-related or addictive disorder be encouraged to seek voluntary treatment.
(2) That any involuntary treatment or evaluation be accomplished in a setting which is medically appropriate, most likely to facilitate proper care and treatment that will return the patient to the community as soon as possible, and is the least restrictive of the patient's liberty.
(3) That continuity of care for persons who have a mental illness and persons suffering from a substance-related or addictive disorder be provided.
(4) That mental health and substance-related and addictive disorder treatment services be delivered as near to the place of residence of the person receiving such services as is reasonably possible and medically appropriate.
(5) That individual rights of patients be safeguarded.
(6) That no person solely as a result of mental illness, substance-related or addictive disorder, or incapacitation by alcohol shall be confined in any jail, prison, correctional facility, or criminal detention center. This shall not apply to persons arrested, charged, or convicted under Title 14 of the Louisiana Revised Statutes of 1950.
(7) That no person shall be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after an earlier treatment.
Added by Acts 1954, No. 701, §2. Amended by Acts 1966, No. 482, §1; Acts 1968, No. 238, §1; Acts 1977, No. 714, §1; Acts 1979, No. 767, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:51. Procedures for admission

RS 28:51 - Procedures for admission
A. The director of a treatment facility, subject to the availability of suitable accommodations, shall receive for observation, diagnosis, care, and treatment, any person whose admission is authorized under any of the procedures provided for in R.S. 28:52 through R.S. 28:54 and R.S. 28:64.
B. The failure by any director to obey an order or judgment committing a patient to a treatment facility shall not be construed as contempt of any court, if it appears that the failure to obey is due to the inability to comply with the order or judgment because medically suitable accommodations for the patient are unavailable.
C. The Louisiana Department of Health, through its hospitals, behavioral health clinics, and similar facilities, may direct petitioners and other persons to appropriate resources regarding petitions for commitment, requests for protective custody orders, and requests for emergency certificates upon request of such persons.
Amended by Acts 1954, No. 701, §1; Acts 1966, No. 482, §1; Acts 1977, No. 714, §1; Acts 1979, No. 181, §1, eff. July 3, 1979; Acts 2017, No. 369, §2; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:52.2. Formal voluntary admission

RS 28:52.2 - Formal voluntary admission
A. Any person who has a mental illness or person who is suffering from a substance-related or addictive disorder desiring admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or a substance-related or addictive disorder and who is deemed suitable for formal voluntary admission by the admitting physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement may be so admitted upon his written request.
B. A patient admitted under the provisions of this Section shall not be detained in the treatment facility for longer than seventy-two hours after making a valid written request for discharge to the director or administrator of the treatment facility unless an emergency certificate is executed pursuant to R.S. 28:53, or unless judicial commitment is instituted pursuant to R.S. 28:54.
Added by Acts 1977, No. 714, §1; Acts 2012, No. 418, §1; Acts 2017, No. 369, §2; Acts 2021, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:52.3. Noncontested admission

RS 28:52.3 - Noncontested admission
A. A person who has a mental illness or person who is suffering from a substance-related or addictive disorder who does not have the capacity to make a knowing and voluntary consent to a voluntary admission status and who does not object to his admission to a treatment facility may be admitted to a treatment facility as a noncontested admission. Such person shall be subject to the same rules and regulations as a person admitted on a voluntary admission status and his treatment shall be governed by the provisions of R.S. 28:52(H).
B. A noncontested admission may be made by a physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement to a treatment facility in order to initiate a complete diagnostic and evaluative study. The diagnosis and evaluation shall include complete medical, social, and psychological studies and, when medically indicated, any other scientific study which may be necessary in order to make decisions relative to the treatment needs of the patient. In the absence of specified medical reasons, the diagnostic studies shall be completed in fourteen days. Alternative community-based services shall be thoroughly considered.
C. Following a review of the diagnostic evaluation study, the director or administrator of the treatment facility shall determine if the person is to remain on noncontested status, is to be discharged, is to be converted to formal voluntary status, or is to be involuntarily hospitalized pursuant to R.S. 28:53 or R.S. 28:54. Nothing in this Section shall be interpreted to prohibit the director of a treatment facility from transferring the patient to another treatment facility when it is medically indicated.
D. A person admitted pursuant to this Section may object to his admission at any time. If the person informs a staff member of his desire to object to his admission, a staff member shall assist him in preparing and submitting a valid written objection to the director or administrator of the treatment facility. Upon receipt of a valid objection, the director or administrator shall release the person within seventy-two hours unless proceedings are instituted pursuant to R.S. 28:53 or R.S. 28:54.
E. In no case shall a patient remain on noncontested status longer than three months. Within that time, the patient must be converted to a formal voluntary status, be involuntarily hospitalized pursuant to R.S. 28:53 or R.S. 28:54, or be discharged.
Added by Acts 1977, No. 714, §1. Amended by Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 2012, No. 418, §1; Acts 2017, No. 369, §2; Acts 2021, No. 373, §1.