Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter A - General Provisions › Section I-9003 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
					 defines selected terminology used in connection with this Chapter 90.
Abuse
- any one of the following acts
						which seriously endangers the physical, mental or emotional health of the
						resident:
a. infliction, attempted infliction, or, as a result of
						inadequate supervision, the allowance of the infliction or attempted infliction
						of physical or mental injury upon the resident;
b. exploitation or overwork of a resident;
c. involvement of the resident in sexual activity
						constituting a crime under the laws of this state.
Accreditation-
official notification
						given the provider of compliance to standards established by either:
a. the Joint Commission (TJC), formerly known as the
						Joint Commission on Accreditation of Healthcare Organizations (JCAHO);
b. the Commission on Accreditation of Rehabilitation
						Facilities (CARF); or
c. the Council on Accreditation for Children and Family
						Services (COA).
Active Treatment-
implementation of a
						professionally developed and supervised individual plan of care that is
						developed no later than 14 days after admission and designed to achieve the
						recipient's discharge from inpatient status at the earliest possible
						time.
Administrator-
the person responsible
						for the on-site, daily implementation and supervision of the facility's overall
						operation commensurate with the authority conferred by the governing
						body.
Behavior Management
- techniques,
						measures, interventions and procedures applied in a systematic fashion to
						promote positive behavioral or functional change fostering the resident's
						self-control, and to prevent or interrupt a resident's behavior which threatens
						harm to the resident or others.
Cessation of Business
-provider is
						non-operational and/or has stopped offering or providing services to the
						community.
Change of Ownership (CHOW
)-the sale or
						transfer whether by purchase, lease, gift or otherwise of a PRTF by a
						person/corporation of controlling interest that results in a change of
						ownership or control of 30 percent or greater of either the voting rights or
						assets of a PRTF or that results in the acquiring person/corporation holding a
						50 percent or greater interest in the ownership or control of the PRTF.
Clinical Director
- the person who has
						responsibility for the psychiatric aspects of the program and who has to
						provide full-time coverage on an on-site or on-call basis.
CMS
-the Centers for Medicare and
						Medicaid Services, Department of Health and Human Services.
Core Mental Health Disciplines
-academic
						training programs in psychiatry, psychology, social work and psychiatric
						nursing.
DCFS-
the Department of Children and
						Family Services.
Department
(LDH)-the Louisiana
						Department of Health.
Discipline
- the ongoing practice of
						helping residents develop inner control so they can manage their own behavior
						in an appropriate and acceptable manner.
Documentation
-written evidence or proof,
						including signatures of appropriate staff and date, shall be maintained on site
						and available for review.
DSS
-Repealed.
Emergency Safety Intervention
- the use
						of
restraint
or
seclusion
as an immediate
						response to an emergency safety situation.
Emergency Safety Situation
-
						unanticipated resident behavior that places the resident or others at serious
						threat of violence or injury if no intervention occurs and that calls for an
emergency safety intervention
.
Governing Body
- the board of trustees,
						owner or person(s) designated by the owner with ultimate authority and
						responsibility (both moral and legal) for the management, control, conduct, and
						functioning of the PRTF.
Group (or Unit)
- refers to the
						residents who share a common space and relate to one primary staff person (who
						may be assisted by others) on a consistent or daily basis.
HSS
-the Department of Health, Health
						Standards Section.
License-
the legal authority to operate
						as a PRTF in the state of Louisiana.
Licensed Mental Health Professional
						(LMHP)-
an individual who meets one of the following education and
						experience requirements:
a. a physician duly licensed to practice medicine in the
						state of Louisiana and has completed an accredited training program in
						psychiatry; or
b. a psychologist licensed as a practicing psychologist
						under the provisions of R.S. 28:2351-2370; or
c. a medical psychologist licensed under the provisions
						of R.S. 28:2351-2370; or
d. a social worker who holds a master's degree in social
						work from an accredited school of social work and is a licensed clinical social
						worker under the provisions of R.S. 37:2701-2718, as amended; or
e. an advanced practice registered nurse licensed as a
						registered nurse in the state of Louisiana by the Board of Nursing who may
						practice to the extent that services are within the nurse's scope of practice;
						and
i. who is a nurse practitioner specialist in adult
						psychiatric and mental health and family psychiatric and mental health;
						or
ii. who is a certified nurse specialist in psychosocial,
						gerontological psychiatric mental health, adult psychiatric and mental health
						and child-adolescent mental health;
f. a licensed professional counselor who is licensed as
						such under the provision of R.S. 37:1101-1115 and has at least two years post
						master's supervised experience delivering services in the mental health-related
						field; or
g. a licensed marriage and family therapist who is
						licensed as such under the provisions of R.S. 37:1116-1121; or
h. a licensed addiction counselor who is licensed as such
						under the provisions of
						R.S.
						37:3387.
a. has a Master of Social Work degree; or
b. has a Master of Arts degree, Master of Science degree
						or a Master of Education degree in a mental health-related field; and
i. has a minimum of 15 hours of graduate level course
						work and/or practicum in applied intervention strategies/methods designed to
						address behavioral, emotional and/or mental problems. These hours may have been
						obtained as a part of, or in addition to, the master's degree.
Mental Health-Related Field
-academic
						training programs based on the principles, teachings, research and body of
						scientific knowledge of the
core mental health disciplines
.
						Programs which qualify include, but are not limited to sociology, criminal
						justice, nursing, marriage and family counseling, rehabilitation counseling,
						psychological counseling and other professional counseling. For any other
						program to qualify as a related field, there shall be substantial evidence that
						the academic program has a curriculum content in which at least 70 percent of
						the required courses for graduation are based on the knowledge base of the
core mental health disciplines
.
Mental Health Service Delivery
						Experience
-
mental health service delivery experience
at the professional or paraprofessional level delivered in an organized mental
						health or psychiatric rehabilitation setting such as a psychiatric hospital,
						day treatment or mental health case management program or community mental
						health center.
Mental Health Specialist (MHS)
-a person
						who delivers direct care services under the direct supervision of a LMHP or MHP
						and who meets one of the following criteria, as documented by the
						provider:
a. has completed at least
					 two years of education from an accredited college or university; or
b. has a high school diploma or equivalent
					 and has completed two years of documented experience providing direct care
					 services in a mental health, physical health, social services, educational or
					 correctional setting.
c. - d.
					 Repealed.
Minor
- a
minor
as
						defined under state law and, for the purpose of this Chapter, includes a
						resident who has been declared legally incompetent by the applicable state
						court.
Neglect-
the unreasonable refusal or
						failure of a facility to supply a resident with necessary food, clothing,
						shelter, care, treatment, or counseling for injury, illness, or condition of
						the resident, as a result of which the resident's physical, mental or emotional
						health and safety is substantially threatened or impaired.
New Construction
- any of the following
						started after January 1, 2004:
a. new buildings to be used as a PRTF;
b. additions to existing buildings to be used as a
						PRTF;
c. conversions of existing buildings or portions thereof
						for use as a PRTF;
d. alterations other than minor alterations to an
						existing PRTF.
Non-Operational
-the HCBS provider
						location is not open for business operation on designated days and hours as
						stated on the licensing application and business location signage.
Normal Business Hours
-between the hours
						of 7 a.m. and 6 p.m. every Monday-Friday, except for holidays.
OBH
-the Department of Health, Office of
						Behavioral Health.
OCS
-Repealed.
OPH
-the Department of Health, Office of
						Public Health.
OSFM-
the Department of Public Safety
						and Corrections, Office of State Fire Marshal.
OYD
-Repealed.
Personal
R
estraint
-the application of physical force, without the use of any
						device, for the purpose of restraining the free movement of a resident's body.
						The term personal restraint does not include briefly holding without undue
						force a resident in order to calm or comfort him/her, or holding a resident's
						hand to safely escort a resident from one area to another.
Psychiatric Residential Treatment Facility
						(PRTF)-
a facility other than a hospital, that provides inpatient
						psychiatric services, as described in  42 CFR part 441  subpart D, to individuals
						under age 21, in a residential setting.
Restraint-
a personal
restraint
, mechanical
restraint
, or drug used as a
restraint
.
Seclusion
- the involuntary
						confinement of a resident alone in a room or an area from which the resident is
						physically prevented from leaving.
Serious Injury
- any significant
						impairment of the physical condition of the resident as determined by qualified
						medical personnel. This includes, but is not limited to, burns, lacerations,
						bone fractures, substantial hematoma, and injuries to internal organs, whether
						self-inflicted or inflicted by someone else.
Staff
- those individuals with
						responsibility for managing a resident's health or participating in an
emergency safety intervention
and who are employed by the
						facility on a full-time, part-time or contract basis.
Time Out
- the restriction of a resident
						for a period of time to a designated area from which the resident is not
						physically prevented from leaving, for the purpose of providing the resident an
						opportunity to regain self-control.