Louisiana Administrative Code

A. A licensed BHS provider located in a parish which is the subject of an executive order or proclamation of emergency or disaster issued, may seek to inactivate its license for a period not to exceed one year, provided that the provider: 1. submits written notification to HSS wi…

A. A licensed BHS provider 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 BHS provider shall submit written notification to the Health Standar…

A. The BHS provider that provides services to children and/or adolescents shall: 1. provide program lectures and written materials to the clients that are age-appropriate and commensurate with their education and skill-level; 2. involve the client’s family or an alternate support…

A. Staffing 1. While the clients are on-site, the staff shall: a. directly supervise and be readily available within hearing distance of the clients at all times; and b. conduct visual checks, including bed checks, at least once every hour, or more frequently as indicated in the …

A. Medical Director. The provider with a mental health program shall ensure that its medical director, when the provider is required to have a medical director, holds a current, unrestricted license to practice in the state of Louisiana in accordance with the practitioner’s state…

A. Outreach Mobile Services 1. community outreach services (including access to specialized care; 2. prevention and awareness strategies (primary prevention); 3. screening, brief intervention and referral to treatment (SBIRT); 4. recovery support services; 5. peer recovery coachi…

A. The provider that provides psychosocial rehabilitation services (PSR) shall: 1. provide PSR either individually or in a group setting; 2. provide services in community locations where the client lives, works, attends school and/or socializes in addition to or instead of at the…

A. Crisis intervention services may occur in a variety of locations including a health care provider or the community. B. The provider shall ensure that: 1. a preliminary screening of risk, mental status and stability and the need for further evaluation or other mental health ser…

A. The provider that provides community psychiatric support and treatment (CPST) services shall: 1. provide services in community locations where the client lives, works, attends school and/or socializes in addition to or instead of at the licensed entity; 2. provide CPST service…

A. The provider shall: 1. develop admission criteria that recognizes the dual-function of MHPHPs (i.e., that they can serve as both a step-down from hospitalization and as a preventative measure to hospitalization); a. services may be offered during the day or evening hours, befo…

A. The BHS provider with only a home and community-based mental health program shall notify HSS of the parishes in the state of Louisiana in which it will provide services. The parishes shall be contiguous. B. Primary Business Office. The provider offering behavioral health servi…

A. The provider shall: 1. develop admission criteria that recognizes the dual-function of MHIOPs (i.e., that they can serve as both a step-down from hospitalization and as a preventative measure to hospitalization); 2. maintain a minimum of nine contact hours per week for adults,…

A. The BHS provider shall provide, either directly or through referral: 1. access to HIV counseling and testing services; 2. access to testing for pregnancy, tuberculosis and sexually transmitted diseases; and 3. appropriate follow-up referral and care. B. Staffing 1. Medical Dir…

A. The BHS provider shall: 1. only admit clients clinically appropriate for ASAM level 1.5 into this program; 2. provide fewer than nine contact hours per week for adults and fewer than six hours per week for children/adolescents; and 3. review the treatment plan in collaboration…

A. The provider shall: 1. only admit clients clinically appropriate for ASAM level 2.1 into this program; 2. maintain a minimum of 9 contact hours per week for adults, at a minimum of three days per week, with a maximum of 19 hours per week; 3. maintain a minimum of 6 hours per w…

A. The provider shall: 1. only admit clients clinically appropriate for ASAM level 2.5 into this program; a. services may be offered during the day or evening hours, before or after work or on weekends, while also allowing the patient to apply their new skills and strategies in t…

A. The BHS provider shall: 1. only admit clients clinically appropriate for ASAM level 2.7 into this program; 2. review the treatment plan in collaboration with the client a minimum of every 30 days or more frequently as needed, and document accordingly; 3. provide a minimum of 2…

A. The BHS provider shall: 1. only admit clients clinically appropriate for ASAM level 3.1 into its program; 2. offer a combination of low-intensity clinical and recovery focused services, including: a. individual therapy; b. group and family therapy; c. medication management; an…

A. The provider shall: 1. admit only adolescent clients clinically appropriate for ASAM level 3.5 into its program; 2. review the treatment plan in collaboration with the client a minimum of every 30 days or more frequently as needed, and document accordingly; 3. provide case man…

A. The provider shall: 1. admit only adult clients clinically appropriate for ASAM level 3.5 into its Clinically Managed High Intensity Residential Treatment; 2. review the treatment plan in collaboration with the client a minimum of every 30 days or more frequently as needed, an…

A. The provider shall: 1. admit only clients clinically appropriate for ASAM level 3.7 into its program; 2. ensure that: a. a physical examination is conducted by a physician, PA, or APRN within 24 hours of admission; or b. the provider’s admitting physician reviews and approves …

A. The provider shall: 1. admit only clients clinically appropriate for ASAM level 3.7-WM into its program; 2. ensure that: a. a physical examination is conducted by a physician, PA or APRN within 24 hours of admission; or b. the provider’s admitting physician reviews and approve…

A. Each residential substance use disorder facility licensed as a BHS provider that provides treatment for opioid use disorder shall provide all of the following: 1. onsite access, as defined in the Rule, to at least one form of FDA-approved opioid antagonist treatment; and 2. on…

A. If a BHS provider manages clients’ personal funds accounts, the BHS provider shall develop and implement written policies and procedures governing the maintenance and protection of the client fund accounts that include, but are not limited to: 1. the maximum amount each client…

A. The residential BHS provider shall ensure that: 1. all dietary services are provided under the direction of a Louisiana licensed dietician; 2. menus are approved by a licensed dietician; 3. meals are of sufficient quantity and quality to meet the nutritional needs of clients, …

A. A residential BHS provider shall assist in arranging for or provide transportation necessary for implementing the client’s treatment plan, including but not limited to, court-ordered hearings and medically necessary appointments with a health care provider. B. The BHS provider…

A. The provider shall ensure that there are at least two staff persons on site at all times when a client is present. B. House Manager 1. A residential provider shall have a house manager. 2. The house manager shall: a. be at least 21 years old; b. have at least two years qualify…

A. House Rules and Regulations. A residential provider shall: 1. have a clearly written list of house rules and regulations governing client conduct and behavior management; 2. provide a copy of the house rules and regulations to all clients and, where appropriate, the client’s p…

A. A provider with an opioid treatment program shall: 1. meet the requirements of the protocols established by OBH/SOTA; 2. update the Louisiana methadone central registry daily and as needed; 3. upon the death of a client: a. report the death of a client enrolled in their clinic…

A. Client Admission Criteria. The program shall only admit clients that: 1. are at least 18 years old, unless the client has consent from a parent, or legal guardian, if applicable; 2. meet the federal requirements regarding the determination that the client is currently addicted…

A. The provider’s opioid treatment program shall have the following staff in addition to the general staffing requirements. 1. Pharmacist or Dispensing Physician a. An opioid treatment program that dispenses prescription medication on-site shall employ or contract with a pharmaci…

A. The provider shall ensure that all medications are administered by a nurse, pharmacist or other practitioner licensed under state law and authorized by federal and state law to administer or dispense opioid drugs. B. Take-Home Dose(s) 1. The provider shall ensure that: a. dete…

A. In addition to the general requirements for client records, each client record shall contain: 1. recording of medication administration and dispensing in accordance with federal and state requirements; 2. results of five most recent drug screen tests with action taken for posi…

A. Each substance use disorder facility licensed as an OTP provider that provides treatment for opioid use disorder to pregnant women shall provide onsite access to at least one form of FDA-approved opioid agonist treatment. 1. An OTP shall not be found to be in violation of this…

A. Prior to providing MDU services, an OTP shall apply to HSS to add MDU services to an existing BHSP license. B. OTPs with a current, valid license in accordance with Subchapter O, a current, valid certification by the Substance Abuse and Mental Health Services Administration in…

A. This regulation is designed to prevent the buildup of excess concentrations of air contaminants during periods of high air pollution potential.

A. The Air Pollution Emergency Episode Plan described herein shall apply to prevention of damage to the health of the people of the State of Louisiana by air pollution episodes.

A. The administrative authority shall have reason to declare an air pollution alert, air pollution warning or air pollution emergency whenever he determines that air pollutant concentrations have reached a point in any place that is approaching or has reached a level that could, …

A. When the administrative authority determines that the criteria level has been reached due to the emissions of a limited number of sources, he shall notify such sources that the preplanned strategy in LAC 33:III.5611, Table 5, 6, or 7 or standby plan should be put into effect.

A. Any person responsible for operation of a source as listed in LAC 33:III.5611, Tables 5, 6, and 7 shall prepare standby plans for the reduction of emissions during periods of Air Pollution Alert, Air Pollution Warning and Air Pollution Emergency. Standby plans shall be designe…

A. Any persons responsible for the operation of any source not listed in LAC 33:III.5611, Tables 5, 6, and 7 shall, when requested by the administrative authority, submit a standby plan for the reduction or elimination of emissions during an air pollution alert, air pollution war…

A. Prescription periods shall be as set forth in R.S. 23:1031.1.E, F, I, 1209, and 1234. Time limits shall be calculated from the date of mailing as shown by the post mark, other proof of mailing, or the date a facsimile is received. B. All pleadings filed with the court may be f…

A. A claim may be dismissed without prejudice after contradictory hearing properly noticed by the court on the judge’s own motion or on ex parte motion of a party for the following reasons: 1. where no service of process has occurred within 60 days after the Form LWC-WC-1008 has …

A. No class action will be permitted.

A. Perfecting Settlements 1. A lump sum or compromise settlement shall be presented to the presiding judge in a pending disputed claim or to any judge in an undisputed claim for approval on Form LW-WC-1011 and upon joint petition of the parties. 2. The procedure for perfecting se…

A. A hearing on any Pro Se Settlement may be conducted by any virtual means assigned by the court when requested by the parties. B. The parties may request a Pro Se Settlement Hearing via virtual means if all parties consent to conducting the Pro Se Settlement Hearing via virtual…

A. The purpose of this rule is to insure prompt referral to the state health officer of all persons residing in Louisiana born with congenital anomalies or spinal cord dysfunctions. These referrals are made in order that all such persons may obtain referrals to appropriate rehabi…