La. Public Health and Safety § 40:2153

Current with operative changes from the 2024 Third Special Legislative Session

Section 40:2153 - 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/addiction treatment services, or a combination of such services, for adults and children. Behavioral health services may be provided, subject to rules and regulations of the Louisiana Department of Health, in a residential setting, in a clinic setting on an outpatient basis, in a home or community setting, or through telehealth.

(2) "Behavioral health services provider" means a facility, agency, institution, person, society, corporation, partnership, unincorporated association, group, or other legal entity that provides behavioral health services and that presents itself to the public as a provider of behavioral health services.

(3) "Client" means any person who has been accepted for treatment or services, including rehabilitation services, furnished by a provider licensed pursuant to this Part.

(4) "Department" means the Louisiana Department of Health or any office or agency thereof designated by the secretary to administer the provisions of this Part.

(5) "FDA" means the Food and Drug Administration of the United States Department of Health and Human Services.

(6) "Financial viability" means the provider or facility seeking licensure is able to provide verification and continuous maintenance of all of the following:

(a) A line of credit issued from a federally insured, licensed lending institution in the amount of at least fifty thousand dollars.

(b) General and professional liability insurance of at least five hundred thousand dollars.

(c) Workers' compensation insurance.

(7) "License" means a license issued by the department to a behavioral health services provider.

(8) "Licensed Mental Health Professional (LMHP)" means an individual who is currently licensed and in good standing in the state of Louisiana to practice within the scope of all applicable state laws, practice acts, and the individual's professional license, as one of the following:

(a) Medical psychologist.

(b) Licensed psychologist.

(c) Licensed clinical social worker (LCSW).

(d) Licensed professional counselor (LPC).

(e) Licensed marriage and family therapist (LMFT).

(f) Licensed addiction counselor (LAC).

(g) Licensed Advanced Practice Registered Nurse (APRN).

(h) Licensed rehabilitation counselor (LRC).

(9) "Mental health service" means a service related to the screening, diagnosis, management, or treatment of a mental disorder, mental illness, or other psychological or psychiatric condition or problem.

(10) "Outpatient services" means behavioral health services offered in an accessible nonresidential setting to clients whose physical and emotional status allows them to function in their usual environment.

(11) "Physician" means an individual who is currently licensed and in good standing in the state of Louisiana to practice medicine in Louisiana and who is acting within the scope of all applicable state laws and the individual's professional license.

(12) "Physician assistant" means an individual who is currently approved and licensed by and in good standing with the Louisiana State Board of Medical Examiners to perform medical services under the supervision of a physician or group of physicians who are licensed by and registered with the Louisiana State Board of Medical Examiners to supervise a physician assistant, and who is acting within the scope of all applicable state laws and the individual's professional license.

(13) "Secretary" means the secretary of the Louisiana Department of Health or his designee.

(14) "Standards" means policies, procedures, rules, and other guidelines or standards of current practice contained in this Part, in addition to those rules and standards promulgated by the department for the licensing and operation of behavioral health service providers.

(15) "Substance abuse/addiction treatment service" means a service related to the screening, diagnosis, management, or treatment for the abuse of or addiction to controlled dangerous substances, drugs or inhalants, alcohol, problem gambling, or a combination thereof.

(16) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.

La. Public Health and Safety § 40:2153

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

Amended by Acts 2020, No. 191,s. 2, eff. 8/1/2020.

Amended by Acts 2019, No. 425,s. 1, eff. 1/1/2020.

Amended by Acts 2013, No. 308,s. 1, eff. 6/17/2013.

Repealed by Acts 2009, No. 381, §3, eff. 7/1/2010