Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:2132 Purpose
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§2132. Purpose The purpose of this Part is to provide for the protection of public health through the development, establishment, and enforcement of standards for the care of individuals in ambulatory surgical centers. Added by Acts 1976, No. 596, §1.
La. Rev. Stat. § 40:2133 Definitions
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§2133. Definitions A.(1) "Ambulatory surgical center" means an establishment with an organized medical staff of physicians, with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures, with continuous physician services and…
La. Rev. Stat. § 40:2133.1 Use agreement
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§2133.1. Use agreement A licensed ambulatory surgical center is hereby authorized to enter into a use agreement as defined in this Part. The licensed ambulatory surgical center shall remain responsible, including during the period of use of an ambulatory surgical center under a u…
La. Rev. Stat. § 40:2134 Applicability
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§2134. Applicability The provisions of this Part shall apply only to ambulatory surgical centers and shall not apply to hospitals, as defined by R.S. 40:2102, or nursing homes, as defined in R.S. 40:2009.2. Added by Acts 1976, No. 596, §1; Acts 1999, No. 696, §1, eff. July 1, 199…
La. Rev. Stat. § 40:2135 Provisional licenses
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§2135. Provisional licenses A provisional license may be issued to an ambulatory surgical center for a period of six months in cases where sufficient compliance with regulations, rules, and minimum standards require an extension of time. The failure to comply must not be detrimen…
La. Rev. Stat. § 40:2136 Rules; regulations; minimum standards
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§2136. Rules; regulations; minimum standards A. The licensing agency shall establish rules, regulations, and minimum standards for the licensing of ambulatory surgical centers, such rules, regulations, and minimum standards becoming effective upon approval of the secretary of the…
La. Rev. Stat. § 40:2137 Procedure and investigation relative to issuance of license
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§2137. Procedure and investigation relative to issuance of license A. Following receipt of an application for license, the licensing agency shall issue a license if the applicant and hospital facility meet the requirements established under this Part and the minimum standards ado…
La. Rev. Stat. § 40:2138 Confidential nature of financial information and financial records
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§2138. Confidential nature of financial information and financial records Notwithstanding the provisions of the Public Records Act, financial information and financial records received by the licensing agency under the provisions of this Part shall be held confidential and shall …
La. Rev. Stat. § 40:2139 Fees and limitations
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§2139. Fees and limitations A. The application by any person for a license or renewal of a license to operate an ambulatory surgical center shall be accompanied by a fee of five hundred dollars which is hereby levied as the license fee for operation of an ambulatory surgical cent…
La. Rev. Stat. § 40:2140 Application
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§2140. Application An application for a license shall be made to the licensing agency on forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rule…
La. Rev. Stat. § 40:2141 Denial, suspension or revocation of license; appeal
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§2141. Denial, suspension or revocation of license; appeal The procedure of denial, suspension, or revocation of licenses, and appeals therefrom, will be the same as provided for in the licensing of hospitals, as contained in Louisiana R.S. 40:2110. Added by Acts 1976, No. 596, §…
La. Rev. Stat. § 40:2142 Geriatric hospitals and units
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§2142. Geriatric hospitals and units A. The department may establish and administer geriatric hospitals or units to receive and care for persons who are elderly or infirm who have been discharged by a hospital for persons with mental illness and for other persons who are elderly …
La. Rev. Stat. § 40:2143 Repealed by Acts 1979, No
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§2143. Repealed by Acts 1979, No. 76, §3
La. Rev. Stat. § 40:2144 Hospital Records and Retention Act
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§2144. Hospital Records and Retention Act A. As used in this Section: (1) " Healthcare provider" means a hospital, as defined in this Subsection, and means a person, corporation, facility, or institution licensed by the state to provide health care or professional services as a p…
La. Rev. Stat. § 40:2145 Electronic signatures
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§2145. Electronic signatures A. Electronic signatures of health care providers may be permitted on hospital records. B. The Louisiana Department of Health shall develop guidelines to regulate the use of electronic signatures which may include limitations on which documents may be…
La. Rev. Stat. § 40:2151 Short title
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§2151. Short title This Part may be cited as the "Behavioral Health Services Provider Licensing Law". Acts 2013, No. 308, §1, eff. June 17, 2013.
La. Rev. Stat. § 40:2152 Purpose
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§2152. Purpose The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for integrated behavioral health services under one license, to provide for the health, safety, and welfare of persons receiving b…
La. Rev. Stat. § 40:2153 Definitions
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§2153. Definitions For the purposes of this Part, and subject to the provisions of R.S. 40:2154, unless the context otherwise clearly indicates, the following terms shall have the following meanings: (1) "Behavioral health services" means mental health services, substance abuse/a…
La. Rev. Stat. § 40:2154 Applicability
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§2154. Applicability A. The provisions of this Part shall not apply to the licensing of any of the following facilities or persons and shall not be construed as requiring any of the following facilities or persons to seek licensure as a behavioral health services provider: (1) Ho…
La. Rev. Stat. § 40:2154.1 Accredited mental health rehabilitation providers; licensure required
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§2154.1. Accredited mental health rehabilitation providers; licensure required A. Any healthcare provider that meets all of the following criteria is hereby required to obtain a license in accordance with the provisions of this Part prior to April 1, 2018, in order to provide beh…
La. Rev. Stat. § 40:2155 Licensure of behavioral health services providers
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§2155. Licensure of behavioral health services providers A. All behavioral health services providers shall be licensed. No facility, agency, institution, person, society, corporation, partnership, unincorporated association, group, or other legal entity providing behavioral healt…
La. Rev. Stat. § 40:2156 Rules and regulations; licensing standards; fees
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§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 provid…
La. Rev. Stat. § 40:2157 License issuance; application; onsite inspection
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§2157. License issuance; application; onsite inspection A. Each application for licensure of a behavioral health services provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Addition…
La. Rev. Stat. § 40:2158 Operation without license; penalty
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§2158. Operation without license; penalty A. A behavioral health services provider shall not operate without a license issued by the department. Any provider or facility operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than t…
La. Rev. Stat. § 40:2159 Opioid treatment programs
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§2159. Opioid treatment programs The department shall not license any opioid treatment programs under the behavioral health services provider license unless the department, in its discretion, determines that there is a need for another opioid treatment program in a certain geogra…
La. Rev. Stat. § 40:2159.1 Residential substance use disorder facilities
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§2159.1. Residential substance use disorder facilities A.(1) Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider that provides treatment for opioid use disorder shall provide all of the following: (a) Onsite acc…
La. Rev. Stat. § 40:2159.2 Substance use disorder facilities treating pregnant women
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§2159.2. Substance use disorder facilities treating pregnant women A.(1) Each substance use disorder facility licensed pursuant to this Part as a behavioral health services provider that provides treatment for opioid use disorder to pregnant women shall provide onsite access to a…
La. Rev. Stat. § 40:2160 Right of inspection by department; records; reports
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§2160. Right of inspection by department; records; reports A. Every behavioral health services provider that has applied for a license or that is licensed pursuant to this Part shall be open at all reasonable times for inspection by the department, the state fire marshal, municip…
La. Rev. Stat. § 40:2161 Drug free zone; notice; signs
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§2161. Drug free zone; notice; signs A. A drug free zone is an area inclusive of any property used as a behavioral health services provider that has a substance abuse/addiction treatment module, or within two thousand feet of such property. B. The local governing authority which …
La. Rev. Stat. § 40:2162 Specialized behavioral health rehabilitation services in the Louisiana medical
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§2162. Specialized behavioral health rehabilitation services in the Louisiana medical assistance program A. For purposes of this Section, the following definitions shall apply: (1) "Behavioral health services provider" means a health care provider as defined in R.S. 40:2153. (2) …
La. Rev. Stat. § 40:2162.1 1 as enacted by Acts 2017, No
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§2162.1 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.2 2 as enacted by Acts 2017, No
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§2162.2 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.3 3 as enacted by Acts 2017, No
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§2162.3 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.4 4 as enacted by Acts 2017, No
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§2162.4 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.5 5 as enacted by Acts 2017, No
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§2162.5 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.6 6 as enacted by Acts 2017, No
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§2162.6 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.7 7 as enacted by Acts 2017, No
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§2162.7 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2162.8 8 as enacted by Acts 2017, No
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§2162.8 as enacted by Acts 2017, No. 417, §1. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Cent…
La. Rev. Stat. § 40:2163 Repealed by Acts 2009, No
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§2163. Repealed by Acts 2009, No. 381, §3, eff. July 1, 2010.
La. Rev. Stat. § 40:2166.1 Short title
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§2166.1. Short title This Part may be cited as the "Adult Residential Care Provider Licensing Law". Acts 2006, No. 433, §1, eff. June 15, 2006.
La. Rev. Stat. § 40:2166.10 Immunization information; shingles; pneumonia
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§2166.10. Immunization information; shingles; pneumonia A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department …
La. Rev. Stat. § 40:2166.2 Purpose
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§2166.2. Purpose The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of adults receiving residential care and to provide for the safe operation of facilities pro…
La. Rev. Stat. § 40:2166.3 Definitions
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§2166.3. Definitions As used in this Part, the following terms shall have the following meanings: (1) "Adult residential care home" means a publicly or privately operated residence that provides personal assistance, lodging, and meals for compensation to two or more adults who ar…
La. Rev. Stat. § 40:2166.4 Licensure of adult residential care providers
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§2166.4. Licensure of adult residential care providers A. All adult residential care providers, whether facilities, agencies, providers, institutions, societies, corporations, partnerships, entities, residences, person or persons, or any other group or groups providing adult resi…
La. Rev. Stat. § 40:2166.5 Rules and regulations; licensing standards; fees
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§2166.5. 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 adult residential care providers, and to prov…
La. Rev. Stat. § 40:2166.6 License issuance; application; on-site inspection
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§2166.6. License issuance; application; on-site inspection A. Each application for licensure of an adult residential care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Addition…
La. Rev. Stat. § 40:2166.7 Operation without license; penalty
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§2166.7. Operation without license; penalty A. An adult residential care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hund…
La. Rev. Stat. § 40:2166.7.1 1, as enacted by Acts 2012, No
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§2166.7.1, as enacted by Acts 2012, No. 676, §1. §2166.7.1. Moratorium on licensure of level 4 adult residential care providers Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult res…
La. Rev. Stat. § 40:2166.8 Fees on community service providers; disposition of fees
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§2166.8. Fees on community service providers; disposition of fees A.(1) The department is hereby authorized to adopt and impose fees for community-based services provided by the Medicaid program for every adult residential care provider as well as any other provider of services o…
La. Rev. Stat. § 40:2166.9 Immunization information; influenza
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§2166.9. Immunization information; influenza A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, every licensed adult residential car…