HLS 13RS-864 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 281
BY REPRESENTATIVE SIMON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/DHH: Creates a single license for behavioral health services providers
AN ACT1
To amend and reenact R.S. 40:2006(A)(2)(b), (B)(2)(e), and (E)(2)(b), to enact Part IV-A2
of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised3
of R.S. 40:2151 through 2161, and to repeal R.S. 28:567 through 573 and Part XIII4
of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.5
40:1058.1 through 1058.10, relative to behavioral health services providers; to6
provide for definitions; to provide for applicability; to establish a behavioral health7
services providers license; to provide rulemaking authority; to provide for license8
issuance and renewal; to require a licensing fee; to prohibit operating without a9
license; to provide for penalties and remedies; to provide for opioid treatment10
programs; to provide for right of inspection; to provide for drug-free zones; to repeal11
provisions relative to the licensing of mental health clinics; to repeal provisions12
relative to the licensing of substance abuse/addiction treatment facilities; to provide13
for effective dates; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 40:2006(A)(2)(b), (B)(2)(e), and (E)(2)(b) are hereby amended and16
reenacted and Part IV-A of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950,17
comprised of R.S. 40:2151 through 2161, is hereby enacted to read as follows:18 HLS 13RS-864 ORIGINAL
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§2006. Fees; licenses; penalties1
A.2
* * *3
(2) This Subsection shall apply to any licensed:4
* * *5
(b) Substance abuse/addiction treatment facility. Behavioral health services6
provider.7
* * *8
B.9
* * *10
(2) This Subsection shall apply to any licensed:11
* * *12
(e) Substance abuse/addiction treatment facility. Behavioral health services13
provider.14
* * *15
E.16
* * *17
(2) This Subsection shall apply to any licensed:18
* * *19
(b) Substance abuse/addiction treatment facility. Behavioral health services20
provider.21
* * *22
PART IV-A. LICENSING OF BEHAVIORAL HEALTH SERVICES PROVIDERS23
§2151. Short title24
This Part may be cited as the "Behavioral Health Services Provider Licensing25
Law". 26
§2152. Purpose27
The purpose of this Part is to authorize the Department of Health and28
Hospitals to promulgate and publish rules and regulations to provide for integrated29 HLS 13RS-864 ORIGINAL
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behavioral health services under one license, to provide for the health, safety, and1
welfare of persons receiving behavioral health services, and to provide for the safe2
operation and maintenance of providers and facilities providing such care.3
§2153. Definitions4
For the purposes of this Part, unless the context otherwise clearly indicates,5
the following terms shall have the following meanings:6
(1) "Behavioral health services" means mental health services, substance7
abuse/addiction treatment services, or a combination of such services, for adults and8
children. Behavioral health services may be provided in a residential setting, in a9
clinic setting on an outpatient basis, or in a home or community setting. 10
(2) "Behavioral health services provider" means a facility, agency,11
institution, person, society, corporation, partnership, unincorporated association,12
group, or other legal entity which provides behavioral health services and which13
presents itself to the public as a provider of behavioral health services.14
(3) "Client" means any person who has been accepted for treatment or15
services, including rehabilitation services, furnished by a provider licensed pursuant16
to this Part.17
(4) "Department" means the Department of Health and Hospitals or any18
office or agency thereof designated by the secretary to administer the provisions of19
this Part. 20
(5) "Financial viability" means the provider or facility seeking licensure is21
able to provide verification and continuous maintenance of all of the following:22
(a) A line of credit issued from a federally insured, licensed lending23
institution in the amount of at least fifty thousand dollars.24
(b) General and professional liability insurance of at least five hundred25
thousand dollars.26
(c) Workers' compensation insurance. 27
(7) "License" means a license issued by the department to a behavioral28
health service provider. 29 HLS 13RS-864 ORIGINAL
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(8) "Licensed Mental Health Professional (LMHP)" means an individual1
who is currently licensed and in good standing in the state of Louisiana to practice2
independently as one of the following and who is acting within the scope of all3
applicable state laws and the individual's professional license:4
(a) Medical psychologist.5
(b) Licensed psychologist.6
(c) Licensed clinical social worker (LCSW).7
(d) Licensed professional counselor (LPC).8
(e) Licensed marriage and family therapist (LMFT).9
(f) Licensed addiction counselor (LAC).10
(g) Licensed Advance Practice Registered Nurse (APRN).11
(9) "Mental health service" means a service related to the screening,12
diagnosis, management, or treatment of a mental disorder, mental illness, or other13
psychological or psychiatric condition or problem. 14
(10) "Outpatient services" means behavioral health services offered in an15
accessible nonresidential setting to clients whose physical and emotional status16
allows them to function in their usual environment. 17
(11) "Physician" means an individual who is currently licensed and in good18
standing in the state of Louisiana to practice medicine in Louisiana and who is acting19
within the scope of all applicable state laws and the individual's professional license.20
(12) "Physician assistant" means an individual who is currently approved and21
licensed by and in good standing with the Louisiana State Board of Medical22
Examiners to perform medical services under the supervision of a physician or group23
of physicians who are licensed by and registered with the Louisiana State Board of24
Medical Examiners to supervise a physician assistant, and who is acting within the25
scope of all applicable state laws and the individual's professional license.26
(13) "Secretary" means the secretary of the Department of Health and27
Hospitals or his designee.28 HLS 13RS-864 ORIGINAL
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(14) "Standards" means policies, procedures, rules, and other guidelines or1
standards of current practice contained in this Part, in addition to those rules and2
standards promulgated by the department for the licensing and operation of3
behavioral health service providers. 4
(15) "Substance abuse/addiction treatment service" means a service related5
to the screening, diagnosis, management, or treatment for the abuse of or addiction6
to controlled dangerous substances, drugs or inhalants, alcohol, problem gambling,7
or a combination thereof.8
§2154. Applicability9
The provisions of this Part shall not be construed to cover the licensing of:10
(1) Hospitals licensed under R.S. 40:2100 et seq.11
(2) Crisis receiving centers licensed under R.S. 40:2180.11 et seq. 12
(3) Nursing homes licensed under R.S. 40:2009.3 et seq.13
(4) Psychiatric residential treatment facilities or therapeutic group homes14
licensed under R.S. 40:2009.15
(5) Facilities or services operated by the federal government.16
(6) Federally qualified health care centers certified by the federal17
government. 18
(7) Community mental health centers certified by the federal government.19
(8) Home- and community-based service providers licensed under R.S.20
40:2120.1 et seq.21
(9) An individual Licensed Mental Health Professional (LMHP), or a group22
practice of LMHPs, providing services under the auspices and pursuant to the scope23
of the individual's license or group's licenses.24
(10) An individual licensed physician, or a group of licensed physicians,25
providing services under the auspices and pursuant to the scope of the individual's26
license or group's licenses.27 HLS 13RS-864 ORIGINAL
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(11) An individual licensed physician assistant, or a group practice of1
licensed physician assistants, providing services under the auspices and pursuant to2
the scope of the individual's license or group's licenses.3
(12) School-based health clinics/centers which are certified by the4
Department of Health and Hospitals, office of public health, and enrolled in the5
Louisiana Medicaid Program.6
(13) A health care provider or entity solely providing case management or7
peer support services, or a combination thereof.8
(14) A health care provider which meets all of the following criteria:9
(a) Was an accredited mental health rehabilitation provider enrolled in the10
Louisiana Medicaid Program as of February 28, 2012.11
(b) Was enrolled with the statewide management organization for the12
Louisiana Behavioral Health Partnership as of March 1, 2012.13
(c) Maintains continuous, uninterrupted accreditation through an approved14
accreditation organization.15
(d) Maintains continuous, uninterrupted enrollment with the statewide16
management organization for the Louisiana Behavioral Health Partnership.17
§2155. Licensure of behavioral health services providers18
A. All behavioral health services providers shall be licensed. No facility,19
agency, institution, person, society, corporation, partnership, unincorporated20
association, group, or other legal entity providing behavioral health services may be21
established, operated, or reimbursed under the Medicaid program, unless licensed as22
a behavioral health services provider to perform such care by the department.23
B. A license issued to a behavioral health services provider shall be valid for24
only one geographic location and shall be issued only for the person and premises25
named in the license application.26
C. A license pursuant to this Part shall be valid for twelve months, beginning27
the month of issuance, unless revoked or otherwise suspended prior to that date. 28 HLS 13RS-864 ORIGINAL
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D. A license issued pursuant to this Part shall be on a form prescribed by the1
department. 2
E. A license pursuant to this Part shall not be transferrable or assignable. 3
F. A license issued to a behavioral health service provider shall be posted in4
a conspicuous place on the licensed premises. 5
G. A license issued to a behavioral health services provider shall list the6
types or modules of behavioral health services that the provider is licensed to7
provide. 8
§2156. Rules and regulations; licensing standards; fees9
A. The department shall promulgate and publish rules, regulations, and10
licensing standards, in accordance with the Administrative Procedure Act, to provide11
for the licensure of behavioral health services providers, to provide for the health,12
safety, and welfare of persons receiving care and services from providers, and to13
provide for the safe operation and maintenance of providers. The rules, regulations,14
and licensing standards shall become effective upon approval of the secretary of the15
department in accordance with the Administrative Procedure Act. The rules,16
regulations, and licensing standards shall have the effect of law. 17
B. The department shall prescribe, promulgate, and publish rules,18
regulations, and licensing standards. The rules, regulations, and licensing standards19
shall include but are not limited to the following:20
(1) Licensure application and renewal application forms, procedures, and21
requirements.22
(2) Operational and personnel requirements.23
(3) Practice standards to assure quality of care.24
(4) Practice standards to assure the health, safety, welfare, and comfort of25
persons receiving care and services.26
(5) Confidentiality of clients' records.27
(6) Treatment priorities, as well as residential and outpatient criteria.28 HLS 13RS-864 ORIGINAL
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(7) Criteria and protocols to assure uniform and quality assessment,1
diagnosis, evaluation, and referral to appropriate level of care. 2
(8) Survey and complaint investigations, including investigations into3
allegations that a provider is operating without a license.4
(9) Initial and annual renewal of license, including the requirement of5
providing verification and continuous maintenance of financial viability for all6
behavioral health services providers other than those owned by governmental7
entities.8
(10) Provisional licenses.9
(11) Denial, revocation, suspension, and nonrenewal of licenses, and the10
appeals therefrom.11
(12) Planning, construction, and design of the facility or provider to ensure12
the health, safety, welfare, and comfort of persons receiving care and services. 13
(13) Modules of behavioral health services providers with varying levels or14
types of services. The modules for behavioral health services providers shall15
include at a minimum: 16
(a) Mental Health Services Module.17
(b) Substance Abuse/Addiction Treatment Module.18
(14) Requirements for offsite or branch locations.19
(15) Other regulations or standards as will ensure proper care and treatment20
of persons receiving care and services, including provisions relative to civil21
monetary penalties, as may be deemed necessary for an effective administration of22
this Part. 23
C. The department shall have the authority to monitor, survey, and regulate24
mental health clinics and substance abuse/addiction treatment facilities under the25
existing licensing regulations for the programs until the department publishes26
minimum licensing standards for behavioral health services providers and the time27
for all existing licensed mental health clinics and substance abuse/addiction28 HLS 13RS-864 ORIGINAL
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treatment facilities to apply for the behavioral health services provider license has1
expired. 2
§2157. License issuance; application; onsite inspection3
A. Each application for licensure of a behavioral health services provider4
shall be submitted to the department on forms prescribed by the department and shall5
contain such information as the department may require. Additional information6
required by the department shall be provided by the applicant as requested.7
B. Each application for licensure and each license renewal application shall8
be accompanied by a nonrefundable license fee in the amount required pursuant to9
R.S. 40:2006.10
C. Following receipt of the completed initial licensing application and11
licensing fee, the department shall perform an onsite survey and inspection. If, after12
the onsite survey and inspection, the department finds that the provider meets the13
requirements established under this Part and under the licensing standards adopted14
pursuant to this Part, a license shall be issued. 15
D. As a condition for renewal of license, the licensee shall submit to the16
department a completed annual renewal application on the forms prescribed by the17
department, which shall contain all information required by the department.18
Additionally, the annual renewal licensing fee shall be submitted with the annual19
renewal application. Upon receipt of the completed annual renewal application and20
the annual renewal licensing fee, the department shall determine if the facility21
continues to meet the requirements established under this Part and under the22
licensing standards adopted pursuant to this Part. The department may perform an23
onsite survey and inspection upon annual renewal. If the provider continues to meet24
the requirements established under this Part and under the licensing standards25
adopted pursuant to this Part, a license shall be issued which shall be valid for up to26
one year, unless otherwise revoked or suspended. 27
E. The department may perform an onsite inspection at reasonable times as28
necessary to ensure compliance with this Part. 29 HLS 13RS-864 ORIGINAL
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§2158. Operation without license; penalty1
A. A behavioral health services provider shall not operate without a license2
issued by the department. Any provider or facility operating without a license shall3
be guilty of a misdemeanor and upon conviction shall be fined no less than two4
hundred fifty dollars nor more than one thousand dollars. Each day of violation shall5
constitute a separate offense. It shall be the responsibility of the department to6
inform the appropriate district attorney of the alleged violation to assure7
enforcement.8
B. If a behavioral health services provider is operating without a license9
issued by the department, the department shall have the authority to issue an10
immediate cease and desist order to that provider. Any such provider receiving such11
a cease and desist order from the department shall immediately cease operations until12
such time as that provider is issued a license by the department.13
C. The department shall seek an injunction in the Nineteenth Judicial District14
Court against any provider who receives a cease and desist order from the15
department under Subsection B of this Section and who does not cease operations16
immediately. Any provider against whom an injunction is granted shall be liable to17
the department for attorney fees, costs, and damages. 18
§2159. Opioid treatment programs 19
The department shall not license any opioid treatment programs under the20
behavioral health services provider license unless the department, in its discretion,21
determines that there is a need for another opioid treatment program in a certain22
geographic location. The department has promulgated and adopted rules and23
regulations in accordance with the Administrative Procedure Act to provide for the24
criteria and processes for determining whether such a need exists, and the procedures25
for selecting a opioid treatment program to be licensed once a need has been26
determined.27 HLS 13RS-864 ORIGINAL
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§2160. Right of inspection by department; records; reports1
A. Every behavioral health services provider which has applied for a license2
or which is licensed pursuant to this Part shall be open at all reasonable times for3
inspection by the department, the state fire marshal, municipal boards of health, and4
any other authorized governmental entity. 5
B. Every licensee shall keep all records and make all reports as the6
department shall prescribe, and all records shall be open to inspection by the7
department or other authorized governmental entity. 8
§2161. Drug free zone; notice, signs9
A. A drug free zone is an area inclusive of any property used as a behavioral10
health services provider which has a substance abuse/addiction treatment module,11
or within two thousand feet of such property. 12
B. The local governing authority which has jurisdiction over zoning matters13
in which each drug free zone is located shall publish a map clearly indicating the14
boundaries of each drug free zone in accordance with the specifications in15
Subsection A of this Section. The drug free zone map shall be made on an official16
public document and placed with the clerk of court for the parish or parishes in17
which the drug free zone is located.18
C.(1) The secretary of the Department of Health and Hospitals shall develop19
a method by which to mark drug free zones, including the use of signs or other20
marking suitable to the situation. Signs or other markings shall be located in a21
visible manner on or near each behavioral health services provider which has a22
substance abuse/addiction treatment module, indicating that the area is a drug free23
zone, that the zone extends for a distance of two thousand feet, and that a felony24
violation of the Uniform Controlled Dangerous Substances Law will subject the25
offender to severe penalties under law. The posting required in this Subsection is26
the responsibility and at the expense of the licensed provider. 27
(2) The Department of Public Safety and Corrections shall coordinate and28
provide rules for the establishment of toll free telephone numbers for use in29 HLS 13RS-864 ORIGINAL
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submitting anonymous information regarding drug activity to local law enforcement1
agencies. The telephone numbers shall be displayed on the drug free zone signs2
which shall be manufactured in correctional institutions subject to the office of3
corrections in the Department of Public Safety and Corrections. 4
D.(1) It shall be unlawful for any person to cover, remove, deface, alter, or5
destroy any sign or other marking identifying a drug free zone as provided in this6
Section.7
(2) Any violation of this Subsection shall be punishable by a fine of not more8
than one thousand dollars or by a jail sentence of not more than six months, or both.9
Section 2. R.S. 28:567 through 573 and Part XIII of Chapter 4 of Title 40 of the10
Louisiana Revised Statutes of 1950, comprised of R.S. 40:1058.1 through 1058.10, are11
hereby repealed in their entirety.12
Section 3. The provisions of R.S. 40:2006(A)(2)(b), (B)(2)(e), and (E)(2)(b) as13
enacted under the provisions of this Act and Section 2 of this Act shall become effective14
upon promulgation and publication by the Department of Health and Hospitals of the final15
rules for the Behavioral Health Services Provider license. 16
Section 4. The provisions of R.S. 40:2151 through 2161 as enacted under the17
provisions of this Act and Sections 3 and 4 of this Act shall become effective upon signature18
by the governor or, if not signed by the governor, upon expiration of the time for bills to19
become law without signature by the governor, as provided by Article III, Section 18 of the20
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the21
legislature, this Act shall become effective on the day following such approval.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Simon HB No. 281
Abstract: Creates a single license for behavioral health services providers.
Proposed law defines "behavioral health services", "behavioral health services provider",
"client", "department", "financial viability", "license", "Licensed Mental Health Professional HLS 13RS-864 ORIGINAL
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(LMHP)", "mental health service", "outpatient services", "physician", "physician assistant",
"secretary", "standards", and "substance abuse/addiction treatment service".
Proposed law establishes the behavioral health services provider license for providers of
mental health services, substance abuse/addiction treatment services, or a combination of
such services.
Proposed law requires all behavioral health services providers to be licensed.
Proposed law requires Dept. of Health and Hospitals (DHH) to promulgate and publish rules,
regulations, and licensing standards to provide for the licensure of behavioral health services
providers, to provide for the health, safety, and welfare of persons receiving care and
services from providers, and to provide for the safe operation and maintenance of providers.
Proposed law sets forth the procedures for application for licensure, the issuance of the
license including onsite inspections, and the renewal of licenses.
Proposed law prohibits a behavioral health services provider from operating without a
license issued by DHH, authorizes DHH to seek an injunction, and establishes criminal
penalties.
Proposed law prohibits DHH from licensing any opioid treatment programs under the
behavioral health services provider license unless DHH, in its discretion, determines that
there is a need for another opioid treatment program in a certain geographic location.
Proposed law requires every behavioral health services provider which has applied for a
license or which is licensed to be open at all reasonable times for inspection by DHH, the
state fire marshal, municipal boards of health, and any other authorized governmental entity.
Proposed law defines a drug free zone as an area inclusive of any property used as a
behavioral health services provider which has a substance abuse/addiction treatment module,
or within 2,000 feet of the property and requires visible signs or other markings to indicate
the drug free zone. Proposed law prohibits a person from covering, removing, defacing,
altering, or destroying any sign or other marking identifying a drug free zone and provides
that any violation shall be punishable by a fine of not more than $1,000 or by a jail sentence
of not more than six months, or both.
With respect to licensing fees, proposed law changes the licensing category for "substance
abuse/addiction treatment facility" used in present law to "behavioral health services
provider".
Present law (R.S. 28:567-573) establishes licensing criteria and procedures for the licensing
of mental health clinics.
Proposed law repeals present law.
Present law (R.S. 40:1058.1-1058.10) establishes licensing criteria and procedures for the
licensing of substance abuse/addiction treatment facilities.
Proposed law repeals present law.
Effective upon signature of governor or lapse of time for gubernatorial action. However, the
repeal of present law and the change in terms with respect to licensing fees shall become
effective upon promulgation and publication by DHH of the final rules for the Behavioral
Health Services Provider license.
(Amends R.S. 40:2006(A)(2)(b), (B)(2)(e), and (E)(2)(b); Adds R.S. 40:2151-2161; Repeals
R.S. 28:567-573 and R.S. 40:1058.1-1058.10)