reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.4. Issuance of license; renewal

RS 40:2180.4 - Issuance of license; renewal
A. Each application for licensure of an ICF/DD shall be made to the department on forms prescribed by the applicable 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 license or renewal of a license for an intermediate care facility for people with developmental disabilities shall be accompanied by a nonrefundable license fee pursuant to R.S. 40:2006.
C. Following receipt of the application and licensing fee, the applicable licensing agency shall perform an on-site inspection. If, after the on-site inspection, the licensing agency finds that the facility meets the requirements established under this Part and the promulgated licensing standards, a license shall be issued.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.5. Operation without license; penalty

RS 40:2180.5 - Operation without license; penalty
A. Any public or private ICF/DD shall not operate without a license issued by the applicable licensing agency. Any such facility or provider 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. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.
B. If a public or private ICF/DD is operating without a license issued by the applicable licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility. 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. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.11. Purpose

RS 40:2180.11 - Purpose
The purpose of this Part is to provide for the operation and maintenance of crisis receiving centers to provide for appropriate crisis identification, intervention, and stabilization services, including a coordinated system of entry for people in behavioral emergency rooms.
Added by Acts 2008, No. 447, §2, See Act. Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.12. Definitions

RS 40:2180.12 - Definitions
As used in this Part:
(1) "Crisis receiving centers" means an agency, business, institution, society, corporation, person or persons, or any other group, licensed by the Louisiana Department of Health to provide crisis identification, intervention, and stabilization services for people in behavioral crisis. Crisis receiving centers shall receive, examine, triage, refer, or treat people in behavioral health crisis.
(2) "Department" means the Louisiana Louisiana Department of Health.
Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.13. Licensure of crisis receiving centers

RS 40:2180.13 - Licensure of crisis receiving centers
A. No agency, business, institution, society, corporation, person or persons, or any other group providing services as crisis receiving centers 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 crisis receiving center 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 or suspended 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 transferrable or assignable.
G. A license issued to a crisis receiving center shall be posted in a conspicuous place on the licensed premises.
Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.14. Rules and regulations; licensing standards

RS 40:2180.14 - 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 crisis receiving centers, and 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.
Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.15. License issuance; application; on-site inspection

RS 40:2180.15 - License issuance; application; on-site inspection
A. Each application for licensure of a crisis receiving center 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. Following receipt of the completed application, 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 under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.
C. 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. Upon receipt of the completed annual renewal application, the licensing agency shall determine if the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part. 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 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 licensing agency may perform an on-site inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.
Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.16. Operation without license; penalty

RS 40:2180.16 - Operation without license; penalty
A. A crisis receiving center 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 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 crisis receiving center 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. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.22. Purpose

RS 40:2180.22 - Purpose
The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations for the licensing of free-standing birth centers; to provide for the health, safety, welfare, and well-being of persons receiving services at free-standing birth centers; and to provide for the safe operation and maintenance of free-standing birth centers.
Acts 2019, No. 332, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.23. Definitions

RS 40:2180.23 - Definitions
For the purposes of this Part, the following terms shall have the following meanings:
(1) "Department" means the Louisiana Department of Health or any agency or office thereof designated by the secretary to administer the provisions of this Part.
(2)(a) "Free-standing birth center" means a facility, place, center, agency, person, institution, corporation, partnership, unincorporated association, group, or other legal entity which provides free-standing birth center services and at which a person is anticipated to give birth following a low-risk pregnancy.
(b) For the purposes of this Part, a free-standing birth center does not include a hospital licensed pursuant to R.S. 40:2100 et seq., nor does it include the place of residence of the person giving birth.
(3) "Free-standing birth center services" means peripartum care, including prenatal, labor, delivery, and postpartum, and services for people with low-risk pregnancies provided at free-standing birth centers. This includes any ancillary ambulatory service provided to a person at low risk for pregnancy complications, if such services are within the scope of practice of the individual providing the service.
(4) "License" means a license issued by the Louisiana Department of Health to a free-standing birth center.
(5) "Low-risk pregnancy" means a normal, uncomplicated, singleton pregnancy that has vertex presentation and is at low risk for development of complications during labor and birth, as determined from an evaluation and examination conducted by a physician or other practitioner or individual acting within the scope of his or her practice.
(6) "Secretary" means the secretary of the Louisiana Department of Health or his designee.
(7) "Standards" means policies, procedures, rules, guidelines, and standards of current practice contained in this Part in addition to those rules and standards promulgated by the Louisiana Department of Health for the licensing and operation of free-standing birth centers.
Acts 2019, No. 332, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.24. Licensure of free-standing birth centers

RS 40:2180.24 - Licensure of free-standing birth centers
A. All free-standing birth centers shall be licensed by the Louisiana Department of Health. No facility, place, center, agency, person, institution, corporation, partnership, unincorporated association, group, or other legal entity providing free-standing birth center services shall be established or operated, or be reimbursed under the Medicaid program, unless licensed as a free-standing birth center by the department to perform such services.
B. A license issued to a free-standing birth center shall be valid for one geographic location and issued to the entity or person and premises named in the license application.
C. A license issued pursuant to this Part shall be valid for twelve months unless revoked or otherwise suspended prior to that date, commencing with the month of issuance.
D. Unless otherwise renewed or stated in the rules promulgated by the department, a license issued pursuant to this Part shall expire on the last day of the twelfth month after the date of issuance.
E. A license issued pursuant to this Part shall be on a form prescribed by the department.
F. A license issued pursuant to this Part shall not be transferrable or assignable.
G. A license issued to a free-standing birth center shall be posted in a conspicuous place on the licensed premises.
Acts 2019, No. 332, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.26. License issuance; application; fees; onsite inspections

RS 40:2180.26 - License issuance; application; fees; onsite inspections
A. Each application for licensure as a free-standing birth center 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 fee, the department shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the Louisiana Department of Health finds that the free-standing birth center meets the requirements of this Part and 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 fee, the department shall determine if the free-standing birth center continues to meet the requirements established pursuant to 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 provider continues to meet the requirements established pursuant to this Part and 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 survey or inspection at reasonable times as necessary to ensure compliance with this Part and the licensing standards adopted pursuant to this Part.
Acts 2019, No. 332, §1, eff. June 11, 2109.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.27. Operation without license; penalty

RS 40:2180.27 - Operation without license; penalty
A. A free-standing birth center shall not operate without a license issued by the department. Any center or facility operating without a license in violation of these provisions shall be charged with a misdemeanor. Upon conviction, that center shall be fined no less than two hundred fifty dollars and no 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 ensure enforcement.
B. If a free-standing birth center is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to the center. Any center receiving 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 or center who receives a cease and desist order from the department, as provided in Subsection B of this Section, and who does not immediately cease operations. Any provider or center against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2019, No. 332, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180.28. Right of inspection; records; reports

RS 40:2180.28 - Right of inspection; records; reports
A. Each free-standing birth center that has applied for a license or that is licensed pursuant to this Part shall be open at reasonable times for inspection by the department, the state fire marshal, and any other authorized governmental entity.
B. Every applicant or licensee shall keep all records and make all reports as the department shall prescribe, and all necessary records shall be available for inspection by the department or other authorized governmental entity.
Acts 2019, No. 332, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2182. Definitions

RS 40:2182 - Definitions
As used in this Part:
(1) "Autonomous" refers to a separate and distinct operational entity which functions under its own administration and bylaws, either within or independently of a parent organization.
(2) "Core services" are nursing services, physician services, social work services, counseling services, and support services, including trained volunteers, and bereavement and pastoral care.
(3) "Department" means the Louisiana Department of Health.
(4) "Hospice" means an autonomous, centrally administered, medically directed program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and his family. It employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses which are experienced during the final stages of illness and during dying and bereavement.
(5) "Interdisciplinary team" includes representatives from all of the core services as evidenced by documentation, planning, and team meetings.
(6) "Palliative care" means the reduction or abatement of pain or other troubling symptoms by appropriate coordination of all services of the hospice care team required to achieve needed relief of distress.
(7) "Terminally ill" refers to a medical prognosis of limited expected survival, of approximately six months or less at the time of referral to a hospice, of an individual who is experiencing an illness for which therapeutic strategies directed toward cure and control of the disease alone are no longer appropriate.
Acts 1988, No. 941, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2183. Licensure required; transferability of license; fees; moratorium

RS 40:2183 - Licensure required; transferability of license; fees; moratorium
A. It shall be unlawful to operate or maintain a hospice without first obtaining a license therefor from the department.
B. Application for licensure shall be made by a hospice to the department on forms furnished by the department. Upon determination that the hospice is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided in the published regulations of the department, but not to exceed two years.
C. Repealed by Acts 1999, No. 657, §2, eff. July 1, 1999.
D. The license shall be displayed in a conspicuous place inside the hospice program office; shall be valid only in the possession of the person or public agency to which it is issued; shall not be subject to sale, assignment, or other transfer, voluntary or involuntary; and shall not be valid for any hospice other than the hospice for which originally issued.
E. Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the issuance of licenses for hospices. The department shall not approve for licensure any new hospice until December 31, 2008, in order to allow the department and the hospice industry to examine the uncontrolled growth in providers and Medicaid expenditures that could adversely affect the quality of care available to patients in Louisiana. The moratorium shall apply only to applications for licensure for hospices not postmarked by July 1, 2007. Applications received by the department shall be postmarked no later than 12:00 a.m. on July 1, 2007, to be accepted and reviewed for application for hospice licensure. Any applications postmarked after 12:00 a.m. July 1, 2007, shall be returned to the applicant. All applications shall be accompanied by a licensing fee and applicants shall be ready to be fully operational and prepared for a licensing survey within ninety days of submission of the application. If an applicant is unable to comply with the survey within ninety days of submission of the application, no license shall be issued under the moratorium. A moratorium would allow the department and hospice industry sufficient time to review the current standards, examine the issues, and promulgate new regulations deemed necessary to resolve uncontrolled growth and other issues identified. The provisions of this Subsection shall not apply to state correctional facilities, including Allen Correctional Center and Winn Correctional Center.
Acts 1988, No. 941, §2; Acts 1999, No. 657, §2, eff. July 1, 1999; Acts 2007, No. 444, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2184. Rules, regulations, and standards for licenses

RS 40:2184 - Rules, regulations, and standards for licenses
The administration of this Part is vested in the Louisiana Department of Health. The department shall:
(1) Prepare and furnish all forms necessary under the provisions of this Part relative to the licensure of hospices.
(2) Promulgate rules and regulations to carry out the provisions of this Part in accordance with the Administrative Procedure Act. The rules shall include but not be limited to the following:
(a) The qualifications for professional and ancillary personnel in order to adequately furnish hospice care, including a requirement that professional personnel shall possess current Louisiana licenses or certificates which are otherwise required by law. The position of social worker shall not require board certification but shall require a master's degree from an accredited graduate school of social work.
(b) Standards for the organization and quality of patient care.
(c) Procedures for maintaining records.
(d) Standards for inpatient facilities, including minimum requirements for visitation. The rules shall include the right to consensual nonsexual physical contact, such as hand-holding or hugging, between a patient and his visitor.
(e) Requirements for informed consent.
(f) Standards for contractual arrangements and professional ancillary hospice services.
(g) Policies and procedures for:
(i) Admissions criteria.
(ii) Disclosure of financial information.
(iii) Patient and family rights.
(iv) Utilization review.
(v) Confidentiality.
(vi) Quality assurance.
(vii) Staff orientation and training.
(viii) Continuing education of interdisciplinary team members.
(h) Requirements for minimum volunteer services of at least five percent of the total hours of service.
(i) Interdisciplinary team requirements.
(j) Implementation of the provisions of R.S. 40:2192.
Acts 1988, No. 941, §2; Acts 1999, No. 657, §1, eff. July 1, 1999; Acts 2019, No. 229, §1; Acts 2023, No. 367, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2185. Inspections

RS 40:2185 - Inspections
A. On-site inspections are required for licensure. For Medicare certified hospice programs, licensure site visits shall coincide with Medicare certification and recertification visits whenever feasible.
B. It shall be the duty of the department, through its duly authorized agents, to inspect at regular intervals, not to exceed one year, or such shorter period as may be deemed necessary by the department, and without previous notice, all hospices subject to the provisions of this Part in order to secure compliance with or prevent violation of this Part and department rules and regulations adopted pursuant to this Part.
Acts 1988, No. 941, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2186. Complaints

RS 40:2186 - Complaints
A. It shall be the duty of the department, through its duly authorized agents, to investigate all complaints against hospices as defined in this Part. The department may take such action as is authorized by this Part.
B. The department shall receive, record, and dispose of complaints in accordance with rules and regulations promulgated in accordance with the provisions of this Part.
Acts 1988, No. 941, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2187. Revocation, suspension, or refusal to renew license; issuance of fines; written notice

RS 40:2187 - Revocation, suspension, or refusal to renew license; issuance of fines; written notice
The department shall have the power to deny, revoke, suspend, or refuse to renew a license for a hospice or to impose fines, if an applicant has failed to comply with the provisions of this Part or any published rule or regulation of the department relating to hospices. If a license is denied, revoked, or withdrawn, or a fine is imposed, the action shall be effective when made, and the department shall notify the applicant or licensee of such action in writing immediately. The notice shall state the reason for the denial, revocation, or withdrawal of the license or imposition of such fine. No fine imposed pursuant to this Section shall exceed five hundred dollars.
Acts 1988, No. 941, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2188. Refusal, revocation, or suspension of license; imposition of fine; appeal procedure

RS 40:2188 - Refusal, revocation, or suspension of license; imposition of fine; appeal procedure
Upon the refusal of the department to grant a license as provided in this Part, or upon the revocation or suspension of a license, or the imposition of a fine, the agency, institution, corporation, person, or other group affected by such action shall have the right to appeal such action by submitting a written request to the secretary of the department within thirty days after receipt of the notification of the refusal, revocation, suspension of a license, or imposition of a fine. The appeal hearings shall take place no later than thirty days after the request therefor, and shall be conducted in accordance with applicable regulations of the department and the provisions of R.S. 46:107, et seq. This provision shall in no way preclude any party aggrieved by any act or inaction of the department from seeking judicial relief by a writ of mandamus to require compliance with this Part.
Acts 1988, No. 941, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2189. Operating without or in violation of license; injunctive relief

RS 40:2189 - Operating without or in violation of license; injunctive relief
If any hospice operates without a valid license issued by the department or if any organization or entity uses the term "hospice" in its name or represents itself as a "hospice" without being licensed as provided herein, the department may cause a civil suit for injunctive relief to be instituted in a district court in the parish in which the facility is located, including a temporary restraining order, to restrain the institution, agency, corporation, person or persons, or any other group operating the facility from continuing the violation. Nothing in this Section shall be construed to prohibit the use of the term "hospice" by nonprofit organizations qualifying under the provisions of 26 CFR 1.501(c)(3)-1, for the express purpose of providing support to licensed hospices in Louisiana.
Acts 1988, No. 941, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2190. Time for making license application

RS 40:2190 - Time for making license application
A. The provisions of this Part shall take effect January 1, 1989, except as provided herein.
B. The department shall develop appropriate rules and regulations necessary for the administration of this Part, and shall cause the publication in the Louisiana Register of the same not later than February 20, 1989.
C. No hospice as defined in this Part shall operate in Louisiana without a license issued in accordance with the provisions of R.S. 40:2183 after July 1, 1989.
Acts 1988, No. 941, §2; Acts 2016, No. 614, §8(A).
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2191. Disposal of deceased patient's unused controlled substances

RS 40:2191 - Disposal of deceased patient's unused controlled substances
A. Upon death of a patient receiving hospice services, ownership of the patient's unused Schedule II, III, IV, or V controlled substances under 21 CFR 1308 may transfer to the hospice for immediate disposal pursuant to the following provisions:
(1) Each hospice shall establish a written procedure to ensure safe disposal of unused controlled substances by a hospice nurse at the time of a patient's death.
(2) Upon the death of a patient receiving hospice services, in the presence of a witness, the hospice nurse shall record in the medical record the name and quantity of each unused controlled substance.
(3)(a) The hospice nurse shall conduct immediate disposal of the controlled substance at the site of care by complying with the Environmental Protection Agency and Drug Enforcement Administration guidelines for safe disposal or immediate mail-back to a registered authorized collector pursuant to 21 CFR 1317.40.
(b) If conducting immediate disposal at the site of care, the hospice nurse shall perform the disposal in the presence of a witness, who shall sign a document indicating their witnessing the disposal.
(c) If participating in immediate mail-back to a registered authorized collector, the hospice nurse shall deposit the unused controlled substance into the mail-back envelope and seal the envelope at the site of care. This shall be done in the presence of a witness, who shall sign a document indicating their witnessing the hospice nurse sealing the controlled substance in the mail-back envelope. The hospice nurse shall immediately initiate its delivery to the registered authorized collector.
(4) Hospice employees shall not remove any controlled substances from the site of care, except for the hospice nurse responsible for disposal pursuant to Subparagraph (3)(c) of this Subsection.
(5) The hospice nurse shall record the method of disposal in the medical record.
B. A copy of the written policy established pursuant to this Section shall be furnished to each patient and to the patient's healthcare representative at the time the patient is enrolled in hospice.
Acts 2018, No. 23, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2193.1. Purpose and definitions

RS 40:2193.1 - Purpose and definitions
A. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of children in pediatric day health care facilities and to provide for the safe operation of these facilities. The department shall consult with the following organizations in the development of the rules and regulations:
(1) The Early Steps Program (Part C, IDEA), office of public health, Louisiana Department of Health.
(2) The Children's Special Health Services Program, office of public health, Louisiana Department of Health.
(3) The Bureau of Community Supports and Services, Louisiana Department of Health.
(4) The state interagency coordinating council for Early Steps Program.
(5) Hospitals that operate Level III regional neonatal intensive care units.
(6) The Arc of Louisiana.
(7) The Louisiana Chapter, American Academy of Pediatrics.
(8) The child care assistance program of the state Department of Education.
B. For purposes of this Part, the following definitions apply:
(1) "Department" means the Louisiana Department of Health.
(2) "License" means a license issued by the Louisiana Department of Health to a pediatric day health care facility under this Part.
(3) "Licensee" means the person, partnership, company, corporation, association, organization, professional entity, or other entity to whom a license is granted by the licensing agency under this Part and upon whom rests the ultimate responsibility and authority for the conduct of the pediatric day health care facility.
(4) "Medically fragile" means an individual who has a medically complex condition characterized by multiple, significant medical problems that require extended care. Medically fragile problems include but are not limited to severe lung disease requiring oxygen, severe lung disease requiring ventilator or tracheotomy care, complicated spina bifida, heart disease, malignancy, asthmatic exacerbations, cystic fibrosis exacerbations, neuromuscular disease, encephalopathies, and seizure disorders.
(5) "Pediatric day health care facility" means a facility that may operate seven days a week, not to exceed twelve hours a day, to provide care for medically fragile children under the age of twenty-one, including technology-dependent children who require close supervision. Care and services to be provided by the pediatric day health care facility shall include but shall not be limited to:
(a) Nursing care, including but not limited to tracheotomy and suctioning care, medication management, and IV therapy.
(b) Respiratory care.
(c) Physical, speech, and occupational therapies.
(d) Assistance with aids of daily living.
(e) Transportation services.
(f) Education and training.
(6) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2193.2. License; requirements

RS 40:2193.2 - License; requirements
A. A pediatric day health care facility shall not be established, opened, conducted, managed, maintained, or operated in this state without an appropriate license issued under this Part.
B. A license issued to a pediatric day health care facility shall:
(1) Be valid for one year from the date of issuance, unless revoked or suspended prior to that date.
(2) Expire on the last day of the twelfth month after date of issuance, unless otherwise renewed.
(3) Be on a form prescribed by the department.
(4) Not be transferrable or assignable.
(5) Be valid for only one geographic location.
(6) Be issued only for the person and premises named in the license application.
(7) Be posted in a conspicuous place on the licensed premises.
Acts 2004, No. 432, §1, eff. June 24, 2004.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2193.3. License issuance; application; renewal; on-site inspection

RS 40:2193.3 - License issuance; application; renewal; on-site inspection
A. An applicant for a pediatric day health care facility license must submit a completed application to the department on a form prescribed by the department.
B. Each application for licensure and application renewal of licensure must be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2006. The fees herein levied and collected shall be paid into the general fund.
C. Following receipt of the completed application and licensing fee, the department shall issue a license if, after an on-site survey and inspection, it finds that the pediatric day health care facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department must perform an on-site survey and inspection of the pediatric day health care facility prior to the issuance of the initial license.
D. As a condition for renewal of a license, the licensee must submit to the department a completed annual renewal application on a form prescribed by the department, along with the annual renewal licensing fee. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the pediatric day health care facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the pediatric day health care facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which is valid for one year.
E. The department may perform an on-site inspection at reasonable times as necessary to ensure compliance with this Part.
Acts 2004, No. 432, §1, eff. June 24, 2004.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2193.4. Department rules; regulations; licensing standards

RS 40:2193.4 - Department rules; regulations; licensing standards
The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act as may be necessary to carry into effect the provisions of this Part. Such rules and regulations shall 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 and clients.
(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) Construction and design of the facility to ensure the health, safety, welfare, and comfort of patients and clients.
(10) General compliance with the current version of "Children with Special Needs Standards from Caring for Our Children" as developed by the American Academy of Pediatrics, the American Public Health Association, and the National Resource Center for Health and Safety in Child Care.
(11) Such other regulations or standards as will ensure proper care and treatment of patients or clients as may be deemed necessary for an effective administration of this Part.
Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2193.5. Additional licenses; moratorium; exceptions

RS 40:2193.5 - Additional licenses; moratorium; exceptions
A. Except as provided in Subsection C of this Section, and subject to approval by the Centers for Medicare and Medicaid Services, the Louisiana Department of Health shall implement a moratorium on additional licenses for pediatric day health care facilities, and shall not approve any additional pediatric day health care facilities.
B.(1) The prohibition established by the provisions of this Section shall apply only to applications for new facilities not approved prior to July 1, 2016. The prohibition shall become enforceable on July 1, 2016, and shall remain in effect until July 1, 2017.
(2) The prohibition established by the provisions of this Section shall not apply to the replacement of existing facilities.
C. The moratorium provided in this Section shall not apply in cases in which a prospective pediatric day health care facility certifies to the department that it will accept no payment for services that is funded wholly or in part by state funds, including but not limited to reimbursement from the state Medicaid program. No pediatric day health care facility that the department licenses pursuant to the exception authorized in this Subsection may enroll as a provider in the Medicaid program of this state.
Acts 2016, No. 254, §1, eff. July 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2193.6. Cameras; condition of licensure

RS 40:2193.6 - Cameras; condition of licensure
A. Each pediatric day health care facility shall provide for the installation and operation at its licensed premises of cameras that record both video and audio. Compliance with the provisions of this Section shall be a condition of a pediatric day health care facility's licensure by the department as provided in this Part.
B. The director of each pediatric day health care facility shall develop and share with all facility employees and parents of children served at the facility a policy relative to cameras at the facility that, at minimum, provides for all of the following:
(1) The location and placement of cameras in any room, except a location identified in Paragraph (2) of this Subsection, in which children may be cared for.
(2) A prohibition against the recording of the interior of a restroom or any other area in which a child's bare body is normally exposed.
(3) A requirement that written notice of the cameras be provided to facility employees, parents of children served at the facility, and authorized visitors.
(4) A requirement that all employees who provide services at the facility receive training concerning the provisions of this Section.
(5) Provisions relative to the duration of retention of video and audio data recorded by the devices required by this Section and procedures for data storage and disposal.
(6) Procedures for protecting children's privacy and for determining to whom and under what circumstances video or audio data may be disclosed. Such policies shall restrict authorization to review video or audio data recorded by the devices required by this Section to the following persons, exclusively:
(a) The director of the pediatric day health care facility.
(b) The secretary of the department or his designee.
(c) A parent of a recorded child pursuant to an allegation or evidence of abuse, neglect, or injury.
(d) Any member of law enforcement while investigating, in his official capacity, an allegation or evidence of abuse, neglect, or injury.
(e) Any party designated in a subpoena issued by a court of law.
(7) A requirement that any person who views a recording showing what he believes could be a violation of state or federal law shall report the suspected violation to the appropriate law enforcement agency.
(8) A requirement that any camera installed pursuant to this Section be in compliance with the National Fire Protection Association Life Safety Code.
C. Recordings made by cameras at pediatric day health care facilities installed and operated in accordance with this Section shall be kept confidential and are not public records; however, such a recording may be viewed by a party designated in Paragraph (B)(6) of this Section.
D. This Section shall be known and may be cited as the "Lane Allen Gottschalck Law".
Acts 2022, No. 619, §1, eff. Jan. 1, 2023; Acts 2023, No. 27, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2195. Community-based and rural health care program

RS 40:2195 - Community-based and rural health care program
A. The Louisiana Department of Health is authorized to establish, subject to the availability of funding, a community-based and rural health care program to expand health care and medical services access to local communities and rural areas and to encourage development of greater access to health care services for indigent and low-income citizens of the state.
B. The secretary of the Louisiana Department of Health shall establish by rule and regulation two distinctly separate processes for the criteria, application, consideration, selection, and awarding of a grant for an urban community-based health care program and a rural health care program. In order to formalize the accountability of these two programs, the secretary of the Louisiana Department of Health shall also, by rule and regulation, establish distinctly separate periodic review and reporting requirements for an urban community-based health care program and a rural health care program. Such rules and regulations shall be subject to review and approval by the Joint Legislative Committee on the Budget.
Acts 1991, No. 394, §1; Acts 1995, No. 363, §1, eff. June 16, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2195.2. Grants and funding; Community-Based and Rural Health Care Fund

RS 40:2195.2 - Grants and funding; Community-Based and Rural Health Care Fund
A. Subject to the availability of funding, the Louisiana Department of Health is authorized to provide:
(1) Grants to rural hospitals in amounts not to exceed seventy-five thousand dollars per year in order to increase access to emergency health services to indigent and low-income citizens in rural areas.
(2) Start-up funding in amounts not to exceed one hundred fifty thousand dollars for the purpose of providing initial start-up costs for establishment of primary care health clinics designed to serve indigent and low-income citizens.
(3) Matching funds in amounts not to exceed fifty thousand dollars per year to local communities or parishes to encourage physicians to establish their practices in local communities and rural areas by providing minimum salary guarantees.
(4) Matching funds for demonstration projects, including but not limited to establishment or acquisition of mobile health clinics, to organizations providing healthcare services to indigent and low-income citizens living in local communities and rural areas; however, such projects shall be required to secure other local or federal funding.
(5) Matching funds for federal grants designed to provide health services to indigent or low-income citizens in local communities and rural areas.
B. Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Acts 1991, No. 394, §1; Acts 1992, No. 810, §1; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2018, No. 206, §4.