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
(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)