§ 40:2156 — Rules and regulations; licensing standards; fees

§2156. Rules and regulations; licensing standards; fees
A. The department shall promulgate and publish rules, regulations, and licensing
standards, in accordance with the Administrative Procedure Act, 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. The rules, regulations, and licensing standards shall become
effective upon approval of the secretary of the department in accordance with the
Administrative Procedure Act. The rules, regulations, and licensing standards shall have the
effect of law.
B. The department shall prescribe, promulgate, and publish rules, regulations, and
licensing standards for behavioral health services providers. The rules, regulations, and
licensing standards shall include but are not limited to 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, welfare, and comfort of persons
receiving care and services, including pregnant women as provided for in R.S. 40:2159.2.
(5) Confidentiality of clients' records.
(6) Treatment priorities, residential and outpatient criteria, and residential treatment
program requirements including, without limitation, those provided in R.S. 40:2159.1.
(7) Criteria and protocols to assure uniform and quality assessment, diagnosis,
evaluation, and referral to appropriate level of care.
(8) Survey and complaint investigations, including investigations into allegations that
a provider is operating without a license.
(9) Initial and annual renewal of license, including the requirement of providing
verification and continuous maintenance of financial viability for all behavioral health
services providers other than those owned by governmental entities.
(10) Provisional licenses.
(11) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.
(12) Planning, construction, and design of the facility or provider to ensure the
health, safety, welfare, and comfort of persons receiving care and services.
(13) Modules of behavioral health services providers with varying levels or types of
services. The modules for behavioral health services providers shall include at a minimum:
(a) Mental Health Services Module.
(b) Substance Abuse/Addiction Treatment Module.
(14) Requirements for offsite or branch locations.
(15) Other regulations or standards as will ensure proper care and treatment of
persons receiving care and services, including provisions relative to civil monetary penalties,
as may be deemed necessary for an effective administration of this Part.
(16) Delivery of behavioral health services through telehealth.
C. The department shall have the authority to monitor, survey, and regulate mental
health clinics and substance abuse/addiction treatment facilities under the existing licensing
regulations for the programs until the department publishes minimum licensing standards for
behavioral health services providers and the time for all existing licensed mental health
clinics and substance abuse/addiction treatment facilities to apply for the behavioral health
services provider license has expired.

Legislative History

Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2019, No. 425, §1, eff. Jan. 1, 2020; Acts 2020, No. 191, §2; Acts 2022, No. 309, §1, eff. Jan. 1, 2023.