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2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2159.2. Substance use disorder facilities treating pregnant women

RS 40:2159.2 - Substance use disorder facilities treating pregnant women
A.(1) Each substance use disorder facility licensed pursuant to this Part as a behavioral health services provider that provides treatment for opioid use disorder to pregnant women shall provide onsite access to at least one form of FDA-approved opioid agonist treatment.
(2) For purposes of this Section, "onsite access" shall mean delivery of the treatment to the patient at the location of the substance use disorder facility. "Onsite access" shall not mean that the substance use disorder facility is required to maintain stock of the medication-assisted treatment at the facility.
(3) A substance use disorder facility shall not be found to be in violation of this Section if prior authorization from a patient's health insurer, including the Medicaid program, is required and the preapproval request is denied by the patient's health insurer.
B. Each substance use disorder facility licensed pursuant to this Part as a behavioral health services provider which provides treatment for opioid use disorder to pregnant women shall submit to the department on its initial licensing application or its annual licensing renewal application an attestation as to whether it is complying with the requirements of Subsection A of this Section. The requirement for submission of the attestation shall commence on January 1, 2023. If the licensed facility is not fully complying with the requirements of Subsection A of this Section, then the attestation that the facility submits shall include a report addressing its progress toward satisfying those requirements.
Acts 2022, No. 309, §1, eff. Jan. 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2160. Right of inspection by department; records; reports

RS 40:2160 - Right of inspection by department; records; reports
A. Every behavioral health services provider that has applied for a license or that is licensed pursuant to this Part shall be open at all reasonable times for inspection by the department, the state fire marshal, municipal boards of health, and any other authorized governmental entity.
B. Every licensee shall keep all records and make all reports as the department shall prescribe, and all records shall be open to inspection by the department or other authorized governmental entity.
Acts 2013, No. 308, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2161. Drug free zone; notice; signs

RS 40:2161 - Drug free zone; notice; signs
A. A drug free zone is an area inclusive of any property used as a behavioral health services provider that has a substance abuse/addiction treatment module, or within two thousand feet of such property.
B. The local governing authority which has jurisdiction over zoning matters in which each drug free zone is located shall publish a map clearly indicating the boundaries of each drug free zone in accordance with the specifications in Subsection A of this Section. The drug free zone map shall be made on an official public document and placed with the clerk of court for the parish or parishes in which the drug free zone is located.
C.(1) The secretary of the Louisiana Department of Health shall develop a method by which to mark drug free zones, including the use of signs or other markings suitable to the situation. Signs or other markings shall be located in a visible manner on or near each behavioral health services provider that has a substance abuse/addiction treatment module, indicating that the area is a drug free zone, that the zone extends for a distance of two thousand feet, and that a felony violation of the Uniform Controlled Dangerous Substances Law will subject the offender to severe penalties under law. The posting required in this Subsection is the responsibility and at the expense of the licensed provider.
(2) The Department of Public Safety and Corrections shall coordinate and provide rules for the establishment of toll free telephone numbers for use in submitting anonymous information regarding drug activity to local law enforcement agencies. The telephone numbers shall be displayed on the drug free zone signs that shall be manufactured in correctional institutions subject to the office of corrections in the Department of Public Safety and Corrections.
D.(1) It shall be unlawful for any person to cover, remove, deface, alter, or destroy any sign or other marking identifying a drug free zone as provided in this Section.
(2) Any violation of this Subsection shall be punishable by a fine of not more than one thousand dollars or by a jail sentence of not more than six months, or both.
Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2014, No. 791, §14.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2162.2. Findings and purpose

RS 40:2162.2 - Findings and purpose
A. The legislature hereby finds and declares the following:
(1) It is the policy of this state to ensure delivery of sufficient support services in order to successfully transition adult patients with a primary diagnosis of mental illness from inpatient psychiatric facilities to the most appropriate outpatient setting.
(2) Repeated admissions of persons to inpatient psychiatric units is a significant problem which often results in inadequate care and a failure to stabilize the patient, especially if the patient is homeless or has unstable living arrangements.
(3) Community-based residential programs are a more cost-effective form of treatment and a more appropriate treatment option for persons with mental illness than emergency room visits, unnecessary long-term stays in psychiatric hospitals, and incarceration.
(4) Licensing of community-based residential programs to operate in state-owned residential buildings presents an opportunity for adaptive and innovative use of those buildings and for optimization of state resources.
(5) Persons with a mental illness who are treated in a psychiatric facility and released without a stable transitional plan of care are at high risk for hospitalization, incarceration, and psychiatric readmission.
(6) It is a fiscal and public health priority of this state to establish a licensing component for adult community-based residential facilities which has historically been missing in the continuum of services for adults with a primary diagnosis of mental illness.
B. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and adopt rules, regulations, and standards to license and regulate facilities to be operated as community-based care facilities in order to provide for the health, safety, and welfare of persons with mental illness.
Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2162.3. Definitions

RS 40:2162.3 - Definitions
As used in this Part, the following terms have the meaning ascribed in this Section:
(1) "Applicant" means an entity applying for a community-based care facility license from the Louisiana Department of Health.
(2) "Client" means any person who has been accepted for treatment or services, including rehabilitation services, furnished by a facility licensed pursuant to this Part.
(3) "Community-based care facility" means a facility where five or more adults with a primary diagnosis of mental illness who are not related to the operator or administrator and who do not require care above intermediate-level nursing care reside and receive care, treatment, or services that are above the level of room and board and include no more than three hours of nursing care per week per resident.
(4) "Community-based care services" means services provided in a community-based care facility licensed pursuant to the provisions of this Part.
(5) "Department" means the Louisiana Department of Health.
(6) "Financial viability" means the ability of the licensee to maintain capital, lines of credit, insurance, and other financial resources at levels deemed sufficient by the Louisiana Department of Health for operation of a community-based care facility.
(7) "License" means a license issued by the Louisiana Department of Health to a community-based care facility.
Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2162.4. Licensure of community-based care facilities

RS 40:2162.4 - Licensure of community-based care facilities
A. Each community-based care facility shall be licensed in accordance with the requirements of this Part and the applicable rules of the department. No facility, agency, institution, person, society, corporation, partnership, unincorporated association, group, or other legal entity providing community-based care services may be established, operated, or reimbursed through the Medicaid program unless licensed as a community-based care facility by the department.
B. A license issued to a community-based care facility shall be issued only for the owner and premises named in the license application.
C. A license issued pursuant to this Part shall be on a form prescribed by the department and shall be valid for a twelve-month period beginning the month of issuance unless revoked or otherwise suspended prior to that date.
D. A license issued pursuant to this Part shall not be transferable or assignable.
E. Each licensed community-based care facility shall post its license in a conspicuous place on the licensed premises.
Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2162.5. Rules and regulations; licensing standards

RS 40:2162.5 - Rules and regulations; licensing standards
A. The department shall adopt rules, regulations, and licensing standards in accordance with the Administrative Procedure Act to provide for the licensure of community-based care facilities; to provide for the safe operation and maintenance of those facilities; and to provide for the health, safety, and welfare of clients.
B. The rules, regulations, and licensing standards required by this Section shall include, without limitation, all of the following:
(1) Licensure application and renewal application forms, procedures, and requirements.
(2) Operational and personnel requirements.
(3) Practice standards to assure quality of care.
(4) Practice standards to assure the health, safety, and welfare of clients.
(5) Confidentiality of client records.
(6) Initial and annual renewal of license.
(7) Financial viability requirements and requirements for verification and continuous maintenance of financial viability.
(8) Denial, revocation, suspension, and nonrenewal of licenses and procedures for appeals of such decisions.
(9) Facility construction and design.
(10) Other regulations or standards to ensure proper care and treatment of clients.
Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2162.6. License application, issuance, and renewal; fees; inspection

RS 40:2162.6 - License application, issuance, and renewal; fees; inspection
A. Each applicant shall submit a license application to the department on forms prescribed by the department and shall provide with the application such information as the department may require by rule.
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 license fee, the department shall perform an onsite survey and inspection. After the onsite survey and inspection, if the department finds that the applicant meets the requirements established in this Part and in the licensing standards adopted pursuant to this Part, then the department shall issue a license to the applicant.
D. As a condition for renewal of its 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 along with the annual license renewal fee pursuant to R.S. 40:2006. Upon receipt of the completed annual renewal application and the annual license renewal fee, the department shall determine whether the facility continues to meet the applicable requirements for licensure. The department may perform an onsite survey and inspection after receiving an annual renewal application. If the provider continues to meet the applicable requirements for licensure, then the department shall issue a license which shall be valid for the period specified in R.S. 40:2162.4.
E. The department may perform onsite inspections of community-based care facilities at reasonable times as necessary to ensure compliance with the requirements of this Part.
Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2162.7. Facility operation in state-owned residential buildings authorized

RS 40:2162.7 - Facility operation in state-owned residential buildings authorized
The department may license community-based care facilities which propose to operate in one or more state-owned residential buildings. The secretary of the department shall direct the staff of the health standards section, and of any other division of the department as he deems appropriate, to cooperate with and give assistance to any applicant who seeks to operate a community-based care facility in one or more state-owned residential buildings and is otherwise qualified for licensure pursuant to this Part.
Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.2. Purpose

RS 40:2166.2 - Purpose
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 adults receiving residential care and to provide for the safe operation of facilities providing such care. It is the intent of the legislature to support the rights of individuals to live in a residential setting which ensures freedom of choice, independence, and an opportunity to continue to live as integral members of the community, aging with dignity, privacy, and respect.
Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.3. Definitions

RS 40:2166.3 - Definitions
As used in this Part, the following terms shall have the following meanings:
(1) "Adult residential care home" means a publicly or privately operated residence that provides personal assistance, lodging, and meals for compensation to two or more adults who are unrelated to the residence licensee, operator, or administrator.
(2) "Adult residential care provider" means a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or operator. Adult residential care may include but is not limited to the following services: lodging, meals, medication administration, intermittent nursing services, assistance with self administration of medications, assistance with personal hygiene, assistance with transfers and ambulation, assistance with dressing, housekeeping, and laundry. There shall be four modules of adult residential care providers as described in R.S. 40:2166.5(B)(11). The department shall promulgate rules and regulations for each module, governing the scope of services to be provided thereunder.
(3) "Department" means the Louisiana Department of Health.
(4) "Financial viability" means the provider or facility seeking licensure is able to provide at least one of the following:
(a) Verification of sufficient assets equal to one hundred thousand dollars or the cost of three months of operation, whichever is less.
(b) A letter of credit equal to one hundred thousand dollars or the cost of three months of operation, whichever is less.
(5) "License" means a license issued by the department to an adult residential care provider.
Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.6. License issuance; application; on-site inspection

RS 40:2166.6 - License issuance; application; on-site inspection
A. Each application for licensure of an adult residential care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.
B. Each application for licensure and application renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2166.5.
C. Following receipt of the completed application and licensing fee, the department shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the department finds that the facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued.
D. As a condition for renewal of a license, the licensee shall submit to the department a completed annual renewal application on forms prescribed by the department which shall contain such information as required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which shall be 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 2006, No. 433, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.7. Operation without license; penalty

RS 40:2166.7 - Operation without license; penalty
A. An adult residential care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for each day of operation without a license up to a maximum of one thousand dollars or imprisonment of not more than six months, or both. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.
B. If an adult residential care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the department.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.7.1. Moratorium on licensure of level 4 adult residential care providers

RS 40:2166.7.1 - Moratorium on licensure of level 4 adult residential care providers
Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult residential care providers until July 1, 2017. The moratorium shall not apply to a provider which has received facility need review approval from the department for a level 4 adult residential care provider on or before April 25, 2012.
NOTE: Acts 2017, No. 417, §1, amended §2166.7.1 to extend the moratorium from July 1, 2017, to July 1, 2018. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Centers for Medicare and Medicaid Services."
RS 40:2166.7.1 - Moratorium on licensure of level 4 adult residential care providers
Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult residential care providers until July 1, 2018. The moratorium shall not apply to a provider which has received facility need review approval from the department for a level 4 adult residential care provider on or before April 25, 2012.
Acts 2012, No. 676, §1; Acts 2017, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.8. Fees on community service providers; disposition of fees

RS 40:2166.8 - Fees on community service providers; disposition of fees
A.(1) The department is hereby authorized to adopt and impose fees for community-based services provided by the Medicaid program for every adult residential care provider as well as any other provider of services offered in lieu of institutional placement and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the care subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such provider.
(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third-party reimbursements and shall be included in the establishment of reimbursement rates.
(3) All fees collected pursuant to this Section shall be paid into the state treasury and after compliance with Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be deposited into the state general fund.
(4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that adult residential care providers may be considered a "class of providers" for the purposes of 42 CFR 433.56.
B.(1) The department shall adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed pursuant to this Section, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees collected pursuant to this Section, received by any department or agency of the state pursuant to this Section, shall be held confidential.
(2) The department shall adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized pursuant to this Section. The department shall be authorized to collect the fees permitted pursuant to this Section by withholding all or part of a provider's regular Medicaid remittance.
C. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized in this Part.
Acts 2006, No. 433, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.9. Immunization information; influenza

RS 40:2166.9 - Immunization information; influenza
A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, every licensed adult residential care provider shall provide residents educational information on influenza. This educational information shall include, at a minimum, the risks associated with influenza, the availability, effectiveness, and known contraindications of the influenza immunization, the causes and symptoms of influenza, and the means by which influenza is spread.
B. Nothing in this Section shall be construed to require any adult residential care provider to provide or pay for any immunization against influenza.
Acts 2016, No. 28, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2166.10. Immunization information; shingles; pneumonia

RS 40:2166.10 - Immunization information; shingles; pneumonia
A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of Health shall provide licensed adult residential care providers with educational information on zoster, also known as shingles. The educational information shall include, at a minimum, the risks associated with shingles and how to protect oneself against the varicella-zoster virus. The licensed adult residential care providers shall disseminate this information to their residents.
B. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of Health shall provide licensed adult residential care providers with educational information on pneumonia. The educational information shall include, at a minimum, the risks associated with pneumonia and the availability of the pneumococcal immunization. The licensed adult residential care providers shall disseminate this information to their residents.
C. Nothing in this Section shall be construed to require any adult residential care provider to provide or pay for any immunization against the varicella-zoster virus or pneumonia.
D. The Louisiana Department of Health shall provide the educational information required by Subsections A and B of this Section through the posting of a link to its website where the information can be downloaded by the licensed adult residential care providers.
Acts 2016, No. 155, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2171. Definitions

RS 40:2171 - Definitions
As used in this Part:
(1) "Department" means the Louisiana Department of Health.
(2) "Trauma case" means any injured person who has been evaluated by prehospital personnel according to policies and procedures established by the Louisiana Department of Health and who has been found to require transportation to a trauma center.
(3) "Trauma center" means a health care facility which is capable of treating one or more types of potentially seriously injured persons and which has been certified as a trauma center by the Louisiana Department of Health.
Acts 1987, No. 358, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2172. Certificates; applications; fees

RS 40:2172 - Certificates; applications; fees
A. All health care facilities offering trauma care services may be certified on a voluntary basis.
B. Application for certification shall be made by a health care facility to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for certification as established by the department, the department shall issue a certificate for such period as may be provided for in the published regulations of the department.
C. There shall be a certification fee of two hundred dollars for any certificate issued in accordance with the provisions of this Part, renewable every three years.
Acts 1987, No. 358, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.1. Short title

RS 40:2175.1 - Short title
A. This Part may be cited as the "Outpatient Abortion Facility Licensing Law".
B. The provisions of R.S. 40:1061.1 shall apply to this Part.
Acts 2001, No. 391, §1; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.2. Purpose

RS 40:2175.2 - Purpose
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 women in outpatient abortion facilities and for the safe operation of such facilities. The rules shall be reasonably related to the purpose expressed in this Section and shall not impose a legally significant burden on a woman's freedom to decide whether to terminate her pregnancy, except when the provisions of R.S. 40:1061.1 apply.
Acts 2001, No. 391, §1; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.3. Definitions

RS 40:2175.3 - Definitions
A. Except as provided in Subsection B of this Section, the terms used in this Part, unless a different meaning clearly appears in the context, whether singular or plural, have the same meaning as the definitions provided in R.S. 14:87.8.
B. For purposes of this Part, the following definitions apply:
(1) "Abortion facility professional" or "outpatient abortion facility professional" means an individual who is a physician, surgeon, resident, intern, licensed nurse, nursing aide, emergency medical technician, or a paramedic who diagnoses, examines, or treats a female patient at an outpatient abortion facility.
(2) "Abortion facility staff member" or "outpatient abortion facility staff member" means an individual who is not an abortion facility professional but who is employed by or contracts with an outpatient abortion facility to provide services and who has any contact with patients at the facility.
(3) "First trimester" means the time period up to fourteen weeks after the first day of the last menstrual period.
(4) "Licensee" means the person, partnership, corporation, association, organization, or professional entity on whom rests the ultimate responsibility and authority for the conduct of the outpatient abortion facility.
(5) "Licensing agency" means the Louisiana Department of Health.
(6) "Mandatory reporter to law enforcement" means any abortion facility staff member or any abortion facility professional.
(7) "Outpatient abortion facility" means any outpatient facility, other than a hospital as defined in R.S. 40:2102 or an ambulatory surgical center as defined in R.S. 40:2133, in which any second trimester or five or more first trimester abortions per calendar year are performed.
(8) "Second trimester" means the time period from fourteen to twenty-three weeks after the first day of the last menstrual period.
(9) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2001, No. 391, §1; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Acts 2019, No. 280, §3; Acts 2019, No. 376, §1; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.4. License required

RS 40:2175.4 - License required
A. An outpatient abortion facility may not be established or operated in this state without an appropriate license issued under this Part.
NOTE: Subsection B eff. until conditions per Acts 2018, No. 498.
B. A license issued to an outpatient abortion facility is valid for only one location.
NOTE: Subsection B eff. upon conditions per Acts 2018, No. 498.
B. A license issued to an outpatient abortion facility is valid for only one location that shall be physically and financially separate from any facility where publicly funded medical assistance program services are provided, in accordance with R.S. 49:200.51.
C. A license issued to an outpatient abortion facility shall be valid for one year from the date of issuance, unless revoked prior to that date.
D. A license issued to an outpatient abortion facility is not transferable or assignable.
E. A license issued to an outpatient abortion facility shall be posted in a conspicuous place on the licensed premises.
F. The provisions of R.S. 40:1061.1 shall apply to this Part.
Acts 2001, No. 391, §1; Acts 2018, No. 498, §2, See Act; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.5. Rules; regulations; licensing standards

RS 40:2175.5 - Rules; regulations; licensing standards
The licensing agency shall promulgate and publish rules, regulations, and licensing standards to provide for the health, safety, and welfare of women in outpatient abortion facilities and for the safe operation of such facilities. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the Louisiana Department of Health in accordance with the Administrative Procedure Act. The initial rules, regulations, and licensing standards shall not become effective until approved by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare. No outpatient abortion facility shall be required to obtain a license under this Part until the initial rules, regulations, and licensing standards are adopted and promulgated in accordance with the Administrative Procedure Act.
Acts 2001, No. 391, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.7. Mandatory reports to law enforcement; human trafficking awareness and prevention training

RS 40:2175.7 - Mandatory reports to law enforcement; human trafficking awareness and prevention training
A.(1) Notwithstanding any claim of privileged communication, any mandatory reporter to law enforcement who has cause to believe that a minor or adult female who presents at an outpatient abortion facility is a victim of human trafficking, trafficking of children for sexual purposes, rape, incest, or coerced abortion shall report such crime immediately, or no later than the end of the business day, to the sheriff's department in the parish or local police department where the outpatient abortion facility is located. If the victim does not reside in the parish where the outpatient abortion facility is located, the mandatory reporter to law enforcement shall also report the crime to the law enforcement agency in the parish or county in which the victim resides, if reasonably ascertainable.
(2) The Louisiana Department of Health shall promulgate a form which may be used by a mandatory reporter to law enforcement to report a crime, pursuant to Paragraph (1) of this Subsection, to the parish or local law enforcement agency.
B.(1) Beginning August 1, 2019, every mandatory reporter to law enforcement shall certify to the Louisiana Department of Health that they have participated in a training on human trafficking awareness and prevention on an annual basis. The department shall maintain the name of each mandatory reporter to law enforcement as confidential, and such information shall not be subject to disclosure pursuant to the Public Records Law.
(2) The Louisiana Department of Health shall promulgate rules to provide for compliance of this Subsection utilizing the online educational videos on human trafficking awareness and prevention provided by the United States Department of Health and Human Services, Administration for Children and Families, office on trafficking in persons or such training tools as may be adopted by the department.
C. The provisions of R.S. 40:1061.1 shall apply to this Part.
Acts 2019, No. 280, §3; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.8. Patient's right to unimpeded, private, and uncensored telephone communications; condition of facility licensing; penalties

RS 40:2175.8 - Patient's right to unimpeded, private, and uncensored telephone communications; condition of facility licensing; penalties
A. A patient in an outpatient abortion facility shall be permitted unimpeded, private, and uncensored communications with persons by telephone. No outpatient abortion facility shall require a patient to forego possession of the patient's mobile phone or cellular phone as a condition for receiving services or patient access to the facility.
B. A violation of this Section shall be considered a violation of a condition of licensure and shall be subject to the penalties provided for in R.S. 40:2199.
C.(1) The provisions of this Section shall not be construed to provide a right to an abortion and are superseded by other provisions of law that restrict or prohibit abortion.
(2) The provisions of this Section are intended to regulate the practice of abortion to provide for the health, safety, and welfare of women in outpatient abortion facilities until such time and to the extent that the state of Louisiana no longer regulates outpatient abortion facilities.
Acts 2022, No. 537, §1, eff. June 17, 2022; Acts 2022, No. 548, §7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.9. Cease and desist order; due process rights; penalty for violation

RS 40:2175.9 - Cease and desist order; due process rights; penalty for violation
A. In addition to the provisions of R.S. 40:2175.6(H), the secretary is empowered to issue a written cease and desist order to prevent or terminate an unsafe condition or an illegal practice or for a violation of this Chapter or Chapter 5 of this Title or a violation of any regulation or order of the department issued pursuant thereto whenever the secretary knows or has reasonable cause to believe that such unsafe condition or illegal practice exists or is likely to occur related to an outpatient abortion facility.
B.(1) An aggrieved party who is licensed by this Part and who is affected by the secretary's decision or order may seek an appeal in the same manner as provided for in R.S. 40:2175.6(H).
(2) An aggrieved party who is not licensed by this Part may seek a de novo review of the secretary's decision or order by filing a petition for review in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
C. Any order issued pursuant to this Section shall become effective upon service thereof in person or by registered mail on the violator and shall remain effective except to the extent modified, stayed, terminated, or set aside by action of the secretary or by the Nineteenth Judicial District Court in the parish of East Baton Rouge.
D. If no timely appeal is demanded by the aggrieved party pursuant to Subsection B of this Section, the cease and desist order shall become final.
E. If the violator subsequently engages in activities that violate a final cease and desist order, the secretary may seek the enforcement of such order by civil action filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
F. Except as provided in R.S. 40:2175.10, any person who violates a cease and desist order of the secretary after it has become final and while such order is in effect shall, upon proof thereof to the satisfaction of the court, be ordered by the court to forfeit and pay to the attorney general a sum not less than five hundred dollars nor more than five thousand dollars per violation.
Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2175.10. Procedure for closing outpatient abortion clinics in the event abortion is declared illegal

RS 40:2175.10 - Procedure for closing outpatient abortion clinics in the event abortion is declared illegal
A. Except as provided in Subsection C of this Section, the secretary shall apply the provisions of R.S. 40:1061.1 and 2175.9 and based upon the final decision of the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, the secretary shall issue whichever one of the applicable cease and desist orders apply, as follows:
(1) The outpatient abortion facility shall be ordered closed and the facility shall immediately cease and desist performing abortions because the Human Life Protection Act, R.S. 40:1061, or R.S. 14:87.7 has been enacted and the practice of abortion in Louisiana has been prohibited by law.
(2) The outpatient abortion facility shall be ordered to cease and desist performing late term abortions, as is prohibited in R.S. 14:87.8, because the Supreme Court of the United States has provided for the states to prohibit abortions when the gestational age of the unborn child is fifteen weeks or more.
B.(1) Any person who violates a cease and desist order of the secretary after it has become final and while such order is in effect shall, upon proof thereof to the satisfaction of the court, be ordered by the court to forfeit and pay to the attorney general a sum not less than ten thousand dollars nor more than fifty thousand dollars per violation.
(2) Each abortion performed in violation of the cease and desist order issued pursuant to this Section shall constitute a separate violation.
C. The provisions of Subsections A and B of this Section shall not apply if the decision rendered by the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), does not restore to the states the authority to prohibit or limit abortion.
Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2179. Establishment of Direct Service Worker Registry

RS 40:2179 - Establishment of Direct Service Worker Registry
A. There is hereby established within the Louisiana Department of Health the Direct Service Worker Registry which is to be maintained by the department. Access to the registry shall be limited to an inquiry for a specific direct care worker.
B.(1) The department shall promulgate rules and regulations necessary for the maintenance of the registry which shall include but not be limited to rules and regulations defining minimum mandatory qualifications and requirements for direct service workers. Such rules shall include the establishment of criteria regarding any parent, stepparent, grandparent, brother, sister, aunt, or uncle of a recipient serving as a paid direct service worker and shall provide for the grandfathering in of any relative serving as a direct support worker as of July 1, 2008.
(2) It is the policy of the state that the parent, stepparent, grandparent, son, daughter, brother, sister, aunt, or uncle of a recipient may not serve that recipient as a paid direct service worker unless the relative meets the criteria established by rule and has received a waiver issued by the secretary of the department or his designee stating that the relative is the best available appropriate direct service worker for the recipient being served. This Section shall be effective upon approval by Centers for Medicare and Medicaid Services of the necessary waiver and state plan amendments.
C. The provisions of this Part shall apply to direct service workers who are compensated, regardless of the setting, and specifically do not apply to those direct service workers listed on the Certified Nurse Aide Registry established under rules promulgated by the Louisiana Department of Health.
D. The provisions of this Part shall not apply to religious nonmedical nursing personnel providing services through a religious nonmedical health care institution as defined in 42 U.S.C. 1395x.
Acts 2005, No. 306, §2, eff. June 29, 2005; Acts 2008, No. 333, §1; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2179.1. Definition of direct service worker

RS 40:2179.1 - Definition of direct service worker
A. A direct service worker is an unlicensed person who provides personal care or other services and support to persons with disabilities or to the elderly to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.
B. A parent, stepparent, grandparent, brother, sister, aunt, or uncle of a recipient shall meet the criteria established by rule regarding serving as a paid direct support worker unless a waiver is issued by the secretary of the Louisiana Department of Health.
Acts 2005, No. 306, §2, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2179.2. Authorization to contract; interagency agreement; issuance of certification cards or certificates

RS 40:2179.2 - Authorization to contract; interagency agreement; issuance of certification cards or certificates
A. The Board of Examiners of Nursing Facility Administrators may maintain the Direct Service Worker Registry through an interagency agreement with the Louisiana Department of Health in accordance with applicable federal regulations.
B. The Board of Examiners of Nursing Facility Administrators is authorized to issue certificates or certification cards which indicate registration status on the Direct Service Worker Registry to direct service workers upon request. The Board of Examiners of Nursing Facility Administrators may charge an amount not to exceed the cost of providing such certificates or certification cards.
Acts 2006, No. 657, §1, eff. June 29, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2180. Definitions

RS 40:2180 - Definitions
As used in this Part, the following terms shall have the following meanings, except when the context clearly indicates otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "ICF/DD" means an intermediate care facility for people with developmental disabilities.
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 › §40:2180.1. Licensure of intermediate care facilities for people with developmental disabilities (ICF/DD)

RS 40:2180.1 - Licensure of intermediate care facilities for people with developmental disabilities (ICF/DD)
Any public or private (ICF/DD) now engaged in the provision of services or hereafter desiring to be engaged in the same shall apply to the department for a license authorizing them to engage in such services.
(1) The license shall indicate the types of developmental disabilities services that a public or private provider is authorized to provide.
(2) Providers who are already licensed are not required by this Section to reapply until the current license expires, except when applying for new developmental disabilities services.
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 › §40:2180.3. Input from the office for citizens with developmental disabilities

RS 40:2180.3 - Input from the office for citizens with developmental disabilities
Any office, bureau, or agency that licenses ICF/DD's shall prepare proposed rules, regulations, and standards in consultation with the office for citizens with developmental disabilities. Such consultation will include assurance that all federal and state laws and regulations, including the provisions of this Chapter regarding program requirements, are included in the licensing requirements.
Acts 2005, No. 128, §1, eff. June 22, 2005.