reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6825 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in §6881, §6882, and §6883 of these licensing
					 regulations, a license shall be immediately null and void if an ARCP ceases to
					 operate.
B. A cessation of business
					 is deemed to be effective the date on which the ARCP stopped offering or
					 providing services to the community.
C. Upon the cessation of business, the
					 provider shall immediately return the original license to the
					 Department.
D. Cessation of
					 business is deemed to be a voluntary action on the part of the provider. The
					 provider does not have a right to appeal a cessation of business.
E. Prior to the effective date of the closure
					 or cessation of business, the ARCP shall:
1.
					 give 30 days advance written notice to:
a.
					 HSS;
b. each residents physician;
					 and
c. each resident or residents
					 legal representative, if applicable; and
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter B - Administration and Organization › Section I-6827 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each ARCP shall
					 have an identifiable governing body with responsibility for, and authority
					 over, the policies and activities of the ARCP and ultimate authority for:
1. the overall operation of the
					 ARCP;
2. the adequacy and quality
					 of care;
3. the financial solvency
					 of the ARCP and the appropriate use of its funds;
4. the implementation of the standards set
					 forth in these regulations; and
5.
					 the adoption, implementation and maintenance, in accordance with the
					 requirement of state and federal laws and regulations and these licensing
					 standards, of adult residential care and administrative policies governing the
					 operation of the ARCP.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter B - Administration and Organization › Section I-6829 - Policy and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ARCP
					 shall have written policies and procedures approved by the governing body that,
					 at a minimum, address the following:
1.
					 confidentiality and security of files;
2. publicity and marketing;
3. personnel;
4. residents rights;
5. grievance procedures;
6. residents funds;
7. emergency preparedness planning procedures
					 to include plans for evacuation and sheltering in place;
8. abuse and neglect;
9. incidents and accidents;
10. pre-residency screening and residency
					 criteria and limitations;
11.
					 medication management;
12. nursing
					 services;
13. smoking;
14. pet policy;
15. resident responsibilities;
16. record-keeping including, but limited to
					 the use of electronic signature authentication and identification for the
					 electronic signature of a resident and/or the resident's representative in
					 accordance with
					 R.S.
					 40:1163.1 or current law;
17. infection control measures, including but
					 not limited to the use of personal protective equipment (PPE), as
					 appropriate;
18. fall assessment
					 and prevention; and
19. any other
					 area required in accordance with memorandums issued by the department's
					 HSS.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter B - Administration and Organization › Section I-6831 - Visitation by Members of the Clergy During a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
					 §6831 and §6832, a public health emergency (PHE) is a declaration
					 made pursuant to the Louisiana Health Emergency Powers,
					 R.S.
					 29:760 et seq.
B. For purposes of §6831 and §6832,
					 clergy shall be defined as follows:
1. as a
					 minister, priest, preacher, rabbi, imam, Christian Science practitioner;
					 or
2. other similar functionary of
					 a religious organization; or
3. an
					 individual reasonably believed to be such a clergy member by the person
					 consulting him.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter C - Residency Criteria, Person-Centered Service Plans, and Residency Agreements › Section I-6833 - Pre-Residency and Continued Residency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Information to prospective residents. The
					 ARCP shall provide to prospective residents written information regarding
					 conditions for residency, services, costs, fees and policies/procedures. This
					 written information shall include, but is not limited to the following:
1. the application process and the possible
					 reasons for rejection of an application;
2. types of residents suitable to the
					 ARCP;
3. services offered and
					 allowed in the ARCP;
4. residents
					 responsibilities;
5. policy
					 regarding smoking;
6. policy
					 regarding pets;
7. fee structure,
					 including but not limited to any additional costs for providing services to
					 residents during natural disasters (e.g. tropical storms, hurricanes, floods,
					 etc.):
a. the ARCP shall develop and provide a
					 formula with cost parameters for any additional charges incurred due to
					 disasters; and
8.
					 criteria for termination of residency agreement.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter C - Residency Criteria, Person-Centered Service Plans, and Residency Agreements › Section I-6835 - Person-Centered Service Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 assessment shall be initiated upon entry to the ARCP and completed within seven
					 calendar days of the date that the resident moves into the ARCP to determine
					 the service needs and preferences of the resident.
1. This assessment shall be kept in the
					 residents record.
2. If the
					 resident's person-centered service plan includes staff administration of
					 medication or intermittent nursing services, the assessment for those services
					 shall be completed by an RN.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter C - Residency Criteria, Person-Centered Service Plans, and Residency Agreements › Section I-6837 - Termination of Residency Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Voluntary Termination of Residency Agreement 1. The residency agreement shall
					 specify:
a. the number of days and the
					 process for notice required for voluntary termination of the residency
					 agreement; and
b. the circumstances
					 under which prepaid service charges and deposits are not refundable to the
					 individual.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter D - Adult Residential Care Provider Services › Section I-6839 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 services provided by the ARCP are dependent in part upon the level for which
					 they are licensed and in part upon the optional services that the ARCP elects
					 to provide.
B. An ARCP shall ensure
					 that services meet a residents personal and health care needs as identified in
					 the residents PCSP, meet scheduled and unscheduled care needs, and make
					 emergency assistance available 24 hours a day. These services shall be provided
					 in a manner that does not pose an undue hardship on residents.
1. An ARCP shall respond to changes in
					 residents needs for services by revising the PCSP and, if necessary, by
					 adjusting its staffing.
2. The ARCP
					 shall provide adequate services and oversight/supervision including adequate
					 security measures, 24 hours per day as needed for any resident.
3. The ARCP shall provide a sanitary
					 environment to avoid sources and transmission of infections and communicable
					 diseases which meet or exceed the latest criteria established by the CDC,
					 Occupational Safety and Health Administration (OSHA), and
State
					 Sanitary Code
.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter D - Adult Residential Care Provider Services › Section I-6841 - Required and Optional Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Required Services. The ARCP must provide or coordinate, to the extent needed or
					 desired by each resident, the following required services:
1. assistance with activities of daily living
					 and instrumental activities of daily living;
2. meals;
3. basic personal laundry services or laundry
					 facilities;
4. opportunities for
					 individual and group socialization including regular access to the community
					 resources;
5. transportation either
					 provided or arranged by the ARCP;
6. housekeeping services essential for health
					 and comfort of the resident (e.g., floor cleaning, dusting, changing of
					 linens); and
7. a recreational
					 program.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter D - Adult Residential Care Provider Services › Section I-6845 - Intermittent Nursing Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Intermittent nursing services may be provided by level 4 ARCPs only. At no time
					 shall an ARCP serve as provider for a resident whose condition is so unstable
					 as to require continuous monitoring by licensed professional staff.
B. Where intermittent nursing services are
					 provided, the following provisions shall apply.
1. All nursing services shall be provided in
					 accordance with acceptable standards of practice and shall be delivered as
					 prescribed by the residents physician and in accordance with the
					 PCSP.
2. The ARCP shall have
					 written policies and procedures governing intermittent nursing services,
					 including but not limited to the following:
a.
					 responding to medical emergencies on all shifts;
b. ensuring that there is sufficient nursing
					 staff to meet the needs of the residents;
c. ensuring that the ARCP's licensed nurse is
					 notified of nursing needs as identified in the PCSP for each
					 resident;
d. defining the duties,
					 responsibilities and limitations of the ARCP licensed nurse in policy and
					 procedures;
e. defining the policy
					 for conducting nursing assessments;
f. delegating and training of ARCP staff to
					 assist with nursing services;
g.
					 coordinating with other third party contracted health service
					 providers;
h. documentation by
					 nursing personnel; and
i. infection
					 control policies and procedures that meet or exceed the latest criteria
					 established by the CDC, OSHA, and
State Sanitary
					 Code.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter D - Adult Residential Care Provider Services › Section I-6847 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the residents
					 condition is such that they are unable to manage their own transportation
					 needs, the ARCP shall provide or arrange transportation for the following:
1. all medical services, including ancillary
					 services for medically-related care;
2. scheduled personal services, including
					 barber/beauty services;
3.
					 scheduled personal errands; and
4.
					 social/recreational opportunities.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter D - Adult Residential Care Provider Services › Section I-6849 - Meals Provided by the ARCP

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 meals that are prepared and/or served by the ARCP, the ARCP shall offer to
					 residents who choose to participate, a minimum of three varied, palatable meals
					 per day, seven days a week.
1. Foods shall be
					 prepared and served in a way that assures that they are appetizing, attractive,
					 and nutritious and that promotes socialization among the residents.
2. The ARCP is permitted to offer liberalized
					 diets. The nutritionist or licensed dietician may recommend to the physician to
					 temporarily abate dietary restrictions and liberalize the diet to improve the
					 resident's food intake.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter D - Adult Residential Care Provider Services › Section I-6851 - Specialized Dementia Care Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Scope and Purpose. The ARCP may establish
					 a separate and distinct program to meet the needs of residents with Alzheimers
					 disease or a related disorder. The ARCP shall provide a program of
					 individualized care based upon an assessment of the cognitive and functional
					 abilities of residents who have been included in the program.
B. Any ARCP that offers such a program shall
					 disclose this program to the department upon establishing the program or upon
					 its discontinuance.
C. Policies and
					 Procedures
1. An ARCP that advertises,
					 promotes or markets itself as offering a specialized dementia care program
					 shall have written policies and procedures for the program that are retained by
					 the administrative staff and available to all staff, to members of the public,
					 and to residents, including those participating in the program.
2. The ARCP shall have established criteria
					 for inclusion in the specialized dementia care program.
3. Guidelines for inclusion shall be provided
					 to the resident, his/her family, and his/her legal representative.
4. Door locking arrangements to create
					 secured areas may be permitted where the clinical needs of the residents
					 require specialized protective measures for their safety, provided that such
					 locking arrangements are approved by the OSFM and satisfy the requirements
					 established by the OSFM and in accordance with
					 R.S.
					 40:1300.121 et seq.
a. If the services are provided in a secured
					 area where special door locking arrangements are used, the ARCP shall comply
					 with the requirements established for limited health care occupancies in
					 accordance with the laws, rules and codes adopted by the OSFM.
b. The secured areas shall be designed and
					 staffed to provide the care and services necessary for the resident's needs to
					 be met.
c. There shall be
					 sufficient staff to respond to emergency situations in the locked unit at all
					 times.
d. PCSPs shall address the
					 reasons for the resident being in the unit and how the ARCP is meeting the
					 resident's needs.
e. There must be
					 documentation in the resident's record to indicate the unit is the least
					 restrictive environment possible, and placement in the unit is needed to
					 facilitate meeting the residents needs.
f. Inclusion in a program on the unit must be
					 in compliance with
					 R.S.
					 40:1299.53.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter E - Resident Protection › Section I-6857 - Restraints

Current through Register Vol. 50, No. 6, June 20, 2024
A. ARCPs are
					 prohibited from the use of physical and chemical restraints. The ARCP shall
					 establish and maintain a restraint free environment by developing individual
					 approaches to the care of the resident as determined by resident assessments
					 and PCSPs.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2166.1-2166.8.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter E - Resident Protection › Section I-6859 - Resident Representation and Grievance Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Resident Association
1. The provider shall have a formal process
					 and structure by which residents, in representative groups and/or as a whole,
					 are given the opportunity to advise the director regarding resident services
					 and life at the ARCP.
a. Any resident
					 association requests, concerns or suggestions presented through this process
					 shall be addressed by the director within a reasonable time frame, as
					 necessitated by the concern, request or suggestion.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter E - Resident Protection › Section I-6861 - Resident Personal Property and Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Personal Possessions. The ARCP may, at its
					 discretion, offer safekeeping of valuable possessions. The ARCP shall have a
					 written statement of its policy regarding the safekeeping of valuable
					 possessions.
1. If the ARCP offers such a
					 service, a copy of the written policy and procedures shall be given to a
					 resident at the time of his/her occupancy.
2. The ARCP shall give the resident a receipt
					 listing each item that the ARCP is holding in trust for the resident. A copy of
					 the receipt shall be placed in the residents record. The list shall be revised
					 as items are added or removed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter F - Requirements Related to Staff, Record Keeping and Incident and Accident Reports › Section I-6863 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ARCP
					 shall have qualified staff sufficient in number to meet the scheduled and
					 unscheduled needs of residents and to respond in emergency
					 situations.
B. Sufficient direct
					 care staff shall be employed or contracted to ensure provision of personal
					 assistance as required by the residents PCSP.
C. Additional staff shall be employed as
					 necessary to perform office work, cooking, house cleaning, laundering, and
					 maintenance of buildings, equipment and grounds.
D. A staff member trained in the use of CPR
					 and first aid shall be on duty at all times.
E. Staff shall have sufficient communication
					 and language skills to enable them to perform their duties and interact
					 effectively with residents and staff.
F. The ARCP shall maintain a current work
					 schedule for all employees showing actual coverage for each 24-hour
					 day.
G. Criminal history checks and
					 offers of employment shall be completed in accordance with
					 R.S.
					 40:1203.2.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2166.1-2166.8.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter F - Requirements Related to Staff, Record Keeping and Incident and Accident Reports › Section I-6867 - Staff Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. All staff
					 shall receive the necessary and appropriate training to assure competence to
					 perform the duties that are assigned to them.
1. All staff shall receive any specialized
					 training required by law or regulation to meet residents needs.
2. The ARCP shall maintain documentation that
					 orientation and annual training has been provided for all current
					 employees.
3. Orientation shall be
					 completed within 14 days of hire and shall include, in addition to the topics
					 listed in §6867 B, the following topics:
a. the ARCP's policies and procedures;
					 and
b. general overview of the job
					 specific requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter F - Requirements Related to Staff, Record Keeping and Incident and Accident Reports › Section I-6869 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administrative Records. The ARCP shall have an administrative record that
					 includes:
1. the articles of incorporation or
					 certified copies thereof, if incorporated, by-laws, operating agreements, or
					 partnership documents, if applicable;
2. the written policies and procedures
					 approved annually by the owner/governing body that address the requirements
					 listed in this Subchapter;
3. the
					 minutes of formal governing body meetings;
4. the organizational chart of the
					 ARCP;
5. all leases, contracts, and
					 purchase of service agreements to which the ARCP is a party, which includes all
					 appropriate credentials;
6.
					 insurance policies; and
7. copies
					 of incident/accident reports.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter F - Requirements Related to Staff, Record Keeping and Incident and Accident Reports › Section I-6871 - Incident and Accident Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 ARCP shall have written procedures for the reporting and documentation of
					 accidents, incidents and other situations or circumstances affecting the
					 health, safety or well-being of a resident or residents. The procedures shall
					 include:
1. a provision that the director or
					 his/her designee shall be immediately verbally notified of accidents, incidents
					 and other situations or circumstances affecting the health, safety or
					 well-being of a resident or residents; and
2. a provision that staff shall be trained on
					 the reporting requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter F - Requirements Related to Staff, Record Keeping and Incident and Accident Reports › Section I-6873 - Compliance with Alzheimer's Special Care Disclosure Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any ARCP which offers to provide a special
					 program for persons with alzheimer's disease or a related disorder by means of
					 an alzheimer's special care unit shall disclose the form of care or treatment
					 provided that distinguishes it as being especially applicable to or suitable
					 for such persons.
1. Disclosure shall be made
					 to the department and to any person seeking ASCU placement on behalf of a
					 person with alzheimer's disease or a related disorder.
2. Information disclosed shall explain
					 additional care provided in each of the following areas:
a. philosophy and mission;
b. pre-admission criteria;
c. admission and discharge
					 criteria;
d. assessment;
e. care planning and
					 implementation;
f. staffing
					 patterns and training;
g. physical
					 environment;
h. resident
					 activities;
i. family role in care;
					 and
j. program fees.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter G - Emergency Preparedness › Section I-6875 - Emergency Preparedness Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The ARCP shall have an emergency preparedness plan designed to manage the
					 consequences of all hazards, declared disasters or other emergencies that have
					 the potential to disrupt the ARCP's ability to provide care and treatment
					 and/or threatens the lives or safety of the residents. The ARCP shall follow
					 and execute its emergency preparedness plan in the event or occurrence of a
					 disaster or emergency.
1. Emergency events
					 include, but are not limited to hurricanes, floods, fires, chemical or
					 biological hazards, power outages, tornados, tropical storms and severe
					 weather.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter G - Emergency Preparedness › Section I-6877 - Emergency Plan Activation, Review and Summary

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following an event or occurrence of a
					 disaster or emergency, whether the ARCP shelters in place or evacuates, upon
					 request by the department the ARCP shall submit a written summary attesting how
					 the ARCPs emergency preparedness plan was followed and executed. The initial
					 summary shall contain, at a minimum:
1.
					 pertinent plan provisions and how the plan was followed and executed;
2. plan provisions that were not
					 followed;
3. reasons and mitigating
					 circumstances for failure to follow and execute certain plan
					 provisions;
4. contingency
					 arrangements made for those plan provisions not followed; and
5. a list of all injuries and deaths of
					 residents that occurred during the execution of the plan, including the date,
					 time, causes and circumstances of these injuries and deaths.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter G - Emergency Preparedness › Section I-6879 - Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The emergency
					 preparedness plan shall specify the following:
1. list of all persons, agencies, authorities
					 to be notified and routinely updated contact information;
2. process of notification;
3. verification or documentation of attempted
					 notification; and
4. back-up
					 communication plans and procedures.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter G - Emergency Preparedness › Section I-6881 - Authority to Re-open After an Evacuation, Temporary Relocation or Temporary Cessation of Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following applies to any ARCP that evacuates, temporarily relocates or
					 temporarily ceases operation at its licensed location due to an emergency
					 either declared or non-declared, in accordance with state statutes.
1. The ARCP must immediately give written
					 notice to HSS by hand delivery, facsimile or e-mail of the following
					 information:
a. the date and approximate time
					 of the evacuation;
b. the
					 sheltering host site(s) to which the ARCP is evacuating; and
c. a list of residents being evacuated, which
					 shall indicate the evacuation site for each resident.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter G - Emergency Preparedness › Section I-6882 - Inactivation of License Due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ARCP licensed
					 in a parish which is the subject of an executive order or proclamation of
					 emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766, may seek to inactivate its license
					 for a period not to exceed two years, provided that the following conditions
					 are met:
1. the licensed provider shall submit
					 written notification to the HSS within 60 days of the date of the executive
					 order or proclamation of emergency or disaster that:
a. the ARCP has experienced an interruption
					 in the provisions of services as a result of events that are the subject of
					 such executive order or proclamation of emergency or disaster issued in
					 accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the licensed ARCP intends to resume
					 operation as an ARCP in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole causal factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all residents have been properly discharged or transferred to
					 another provider; and
e. provides a
					 list of each resident and where that resident is discharged or transferred
					 to;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter G - Emergency Preparedness › Section I-6883 - Inactivation of License Due to a Non-Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed ARCP
					 in an area or areas which have been affected by a non-declared emergency or
					 disaster may seek to inactivate its license, provided that the following
					 conditions are met:
1. the licensed ARCP
					 shall submit written notification to the HSS within 30 days of the date of the
					 non-declared emergency or disaster stating that:
a. the ARCP has experienced an interruption
					 in the provisions of services as a result of events that are due to a
					 non-declared emergency or disaster;
b. the licensed ARCP intends to resume
					 operation as an ARCP provider in the same service area;
c. the licensed ARCP attests that the
					 emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d. the
					 licensed ARCP's initial request to inactivate does not exceed one year for the
					 completion of repairs, renovations, rebuilding or replacement of the facility.
NOTE: Pursuant to these provisions, an extension of the
						30-day deadline for the initiation of request may be granted at the discretion
						of the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter H - Physical Environment › Section I-6885 - General Requirements and Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standards in this Subchapter shall
					 apply to any ARCP constructed after the effective date of this rule,
					 alterations, additions or substantial rehabilitation to an existing ARCP, or
					 adaptation of an existing building to create an ARCP. Cosmetic changes to the
					 ARCP such as painting, flooring replacement or minor repairs shall not be
					 considered an alteration or substantial rehabilitation.
B. An ARCP shall submit architectural plans
					 and construction documents to the OSFM. The regulations and codes governing new
					 ARCPs also apply if and when the ARCP proposes to begin operation in a building
					 not previously and continuously used as an ARCP licensed under these
					 regulations.
C. Design Criteria.
					 The project shall be designed in accordance with the following criteria:
1. the requirements of the OSFM;
2. Part XIV (Plumbing) of the
Sanitary Code
(LAC 51), state of Louisiana; and
3. the current department licensing
					 regulations for ARCPs.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter H - Physical Environment › Section I-6887 - Physical Appearance and Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ARCP shall be constructed, equipped,
					 and maintained in good repair and free of hazards.
1. Potentially hazardous areas include, but
					 are not limited to:
a. steep grades;
b. cliffs;
c. open pits;
d. swimming pools;
e. high voltage boosters; or
f. high speed roads.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter H - Physical Environment › Section I-6889 - Resident Dining and Common Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 ARCP shall provide common areas to allow residents the opportunity for
					 socialization. Common areas shall not be confined to a single room.
B. The ARCP shall meet the following
					 requirements for resident dining and common areas.
1. The common areas shall be maintained to
					 provide a clean, safe and attractive environment for the residents.
2. Each ARCP shall have dining room and
					 common areas easily accessible to all residents.
3. Dining rooms and common areas shall be
					 available for use by residents at appropriate times to provide periods of
					 social diversion and individual or group activities.
4. Common areas and dining rooms shall not be
					 used as bedrooms.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter H - Physical Environment › Section I-6891 - Resident Personal Space

Current through Register Vol. 50, No. 6, June 20, 2024
A. Level
					 1 ARCP Bedroom Requirements
1. A level 1 ARCP
					 shall ensure that each single occupancy bedroom space has a floor area of at
					 least 100 net square feet and that each multiple occupancy bedroom space has a
					 floor area of at least 70 net square feet for each resident. Bathrooms and
					 closets/wardrobes shall not be included in the calculation of square
					 footage.
2. There shall be no more
					 than two residents per bedroom. All shared living arrangements shall be agreed
					 to in writing by both parties.
3. A
					 room where access is through a bathroom or another bedroom shall not be
					 approved or used as a residents bedroom.
4. Privacy of residents shall be maintained
					 in residents personal space.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter H - Physical Environment › Section I-6893 - Furnishings and Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Common Areas
1. Furniture for shared living rooms and
					 sitting areas shall include comfortable chairs, tables, and lamps.
2. All furnishings and equipment shall be
					 durable, clean, and appropriate to its function. Furnishings shall be tested in
					 accordance with the provisions of the applicable edition of the
NFPA
					 101 Life Safety Code
.
3.
					 Windows shall be kept clean and in good repair and supplied with curtains,
					 shades or drapes. Each window that can be opened shall have a screen that is
					 clean and in good repair.
4. All
					 fans located within seven feet of the floor shall be protected by screen
					 guards.
5. Throw or scatter rugs,
					 or bath rugs or mats shall have a non-skid backing.
6. Wastepaper baskets and trash containers
					 used in the common areas shall be metal or approved washable plastic
					 baskets.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6901 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Admitting Officer
-a peace office,
					 probation officer, and/or person designated and authorized by the court to
					 detain children in a detention facility.
Detention
-the provision of temporary care
					 to children under physically restricting circumstances pending a court hearing,
					 disposition or the execution of a court order.
Intake
-the process by which a juvenile is
					 admitted to detention pursuant to
					 Section
					 6907 of these standards.
Jail
-a secure facility designed for the
					 care, custody and control of adult offenders.
Juvenile/Child
-a person less than 17
					 years of age. In delinquency proceedings "juvenile/child" also means a person
					 under 21 years of age, who committed a delinquent act before attaining the age
					 of 17 years.
Juvenile Detention Center
-a specially
					 designed facility providing care to children under circumstances which are
					 physically restricting.
May or Should
-indicates that the rule,
					 regulation or standard is permissive.
Parents
-either parent if they are married
					 and living together. If one parent is dead, or if the parents are divorced,
					 legally separated, separated in fact, or unmarried, it means a parent or person
					 having legal custody of the child. If no parent has legal or actual custody, it
					 means the person, institution, agency, or association of persons having legal
					 or actual custody.
Shall or Must
-indicates that the rule,
					 regulation or standard is mandatory.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6903 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  licensing standards apply to all juvenile detention centers. There is an annual
				  licensing fee based on capacity.
B.
				  The detention administrator shall issue written policies, procedures, and
				  directives to implement and supplement all aspects of these standards. The
				  detention administrator shall insure that:
1.
				  detention staff are knowledgeable of applicable provisions of these detention
				  standards;
2. all rules for
				  children detained are posted where accessible and/or otherwise made known to
				  each child in an understandable manner;
3. relevant detention facility rules and
				  information are made available to parents of children detained.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6905 - Admission Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only peace
				  officers, probation officers, and/or persons designated by the court, who are
				  specialized in juvenile training and the Code of Juvenile Procedure, should be
				  authorized to detain children in a detention center. There should be a policy
				  by which the facility administrator or a person designated by said
				  administrator would refuse an admission if the admission does not meet the
				  criteria for admission pursuant to these standards and the Code of Juvenile
				  Procedure. An intake or admission form for each child presented for admission
				  shall be completed and signed by the admitting officer, stating the following
				  information:
1. date;
2. full name, address, telephone
				  number;
3. birthdate,
				  age;
4. race, sex;
5. father's name, address, and telephone
				  number;
6. mother's name, address,
				  and telephone number;
7. name,
				  address, and telephone number of person with whom the child is
				  living;
8. person(s) notified of
				  detention and by whom;
9. a plain
				  and concise statement of the facts and circumstances showing a basis for
				  juvenile jurisdiction;
10. court of
				  jurisdiction;
11. signature of
				  admitting officer and agency;
12.
				  signature of detention employee receiving child;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6907 - Intake Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Pursuant to Article 35, Code of Juvenile
				  Procedure, juvenile detention centers shall maintain a permanent record of
				  certain information as to each child admitted. The record shall include:
a. the child's name and address;
b. the reason for the child's being taken
				  into custody;
c. the date and time
				  of child's entry into the center;
d. the name of the officer bringing the child
				  to the center and the department of the officer.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6909 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each juvenile
				  center shall maintain permanent records of all children detained pursuant to
				  Article 35, Code of Juvenile Procedure. The record shall include:
1. the child's name and address;
2. the reason for the child's being taken
				  into custody;
3. the date and time
				  of the child's entry into the juvenile detention center;
4. the name of the officer bringing the child
				  to the detention center.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6911 - Child Supervision and Care

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Daily Routine
1. Activities for each day
				  shall be scheduled in advance. Each day should be a structured one with
				  specified times for work, school recreation, meals and other
				  activities.
2. The daily schedule
				  shall include a time for sleep which shall be no less than eight hours. Sleep
				  schedules shall not be planned for the convenience of staff but shall meet the
				  needs of the children.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6913 - Food/Nutrition

Current through Register Vol. 50, No. 6, June 20, 2024
A. A child shall
				  receive no fewer than three nutritionally balanced meals in a 24 hour period;
				  these three meals shall meet the minimum standard requirements as set by the
				  Unites States Department of Agriculture. A consulting nutritionist should be
				  available.
B. Regular meals shall
				  not be withheld for any reason.
C.
				  Children requiring special diets for health and religious reasons shall be
				  accommodated.
D. Children shall not
				  be forced to eat any given food item.
E. There shall be a single menu for staff and
				  juveniles.
F. Written policy and
				  procedures shall require that accurate records are maintained of all meals
				  served for a period of at least three months.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6915 - Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. A program of
				  academic instruction shall be provided by teachers certified by the Louisiana
				  Department of Education. They should be certified in special education.
				  Children shall be required to attend except for medical or disciplinary
				  reasons.
B. Teachers should be
				  employed by the local board of education but should be considered as part of
				  the detention staff and shall be included in staff meetings and staff
				  development programs.
C. The school
				  day and curriculum shall be compatible with the local school system and with
				  the child's present level of achievement.
D. The regular academic program shall be
				  operated concurrently with the regular academic year of the local school
				  system. Operation of the academic program on a 12 month basis is
				  preferred.
E. A wide variety of
				  books, learning materials, visual aids, and other educational resources of an
				  appropriate interest and learning level shall be provided.
F. The child's own school should be notified
				  immediately of the child's detention and shall be requested to send a summary
				  of the child's achievement and special problems. Also, the detention teacher
				  should report back to the school regarding the child's educational progress and
				  related problems.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6917 - Recreation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A child shall be
				  provided at least a daily recreation hour outside unless prohibited by
				  inclement weather or there is sufficient reason to believe the child is an
				  escape risk. Recreation shall be provided indoors in the absence of outdoor
				  recreation.
B. Children with
				  physical disabilities, injuries, or ailments shall not be required to
				  participate in recreational activities that would lead to aggravation of the
				  particular condition.
C. Athletic
				  equipment, games, books, arts and crafts materials, and other recreational
				  resources appropriate to the age and interest group detained shall be provided
				  in sufficient quantity.
D. In
				  addition to structured daily provisions of recreation and exercise, periodic
				  periods of rest and relaxation shall be incorporated into the day's
				  schedule.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6919 - Religion

Current through Register Vol. 50, No. 6, June 20, 2024
A. No child shall
				  be deprived of the opportunity of religious counseling by a representative of
				  his faith.
B. No child shall be
				  required to attend religious services; no disciplinary action shall be taken
				  toward a child who refuses to attend such services.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.