La. Public Health and Safety § 40:1079.12

Current with changes from the 2024 Legislative Session

Section 40:1079.12 - Definitions

As used in this Subpart, the following terms shall have the following meanings:

(1) "Child" means an unmarried individual under the age of eighteen.

(2) "Facility" means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both.

(3) "Parent" shall be defined as provided in Children's Code Article 116.

(4) "Preventive alcoholism and addiction counseling", hereinafter referred to as "preventive counseling", means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems.

(5) "Qualified professional" shall include:

(a) A certified substance abuse counselor or certified prevention counselor.

(b) A licensed clinical social worker, psychologist licensed under R.S. 37:2351 et seq., medical psychologist licensed under R.S. 37:1360.51 et seq., physician licensed to practice medicine by the Louisiana State Board of Medical Examiners, or licensed professional counselor.

(c) A substance abuse counselor in training or prevention counselor in training with approved supervision from a certified substance abuse counselor, licensed clinical social worker, licensed professional counselor, or certified prevention counselor.

(d) A teacher or other educational professional with specialized training in substance abuse, as outlined by the office of alcohol and drug abuse.

(e) A registered nurse who has at least one year of experience in the treatment of alcoholism, addiction, or other alcohol and drug-related problems.

(6) "School" means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education.

(7) "Treatment" means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. Treatment includes but is not limited to hospitalization, partial hospitalization, outpatient services, examination, diagnosis, training, the use of pharmaceuticals, and other services as necessary to treat such abuse.

La. Public Health and Safety § 40:1079.12

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Acts 1999, No. 1117, §1, eff. July 9, 1999; Acts 1999, No. 1309, §8, eff. Jan. 1, 2000; Acts 2009, No. 251, §9, eff. Jan. 1, 2010; Redesignated from R.S. 40:1098.2 by HCR 84 of 2015 R.S.; Acts 2021, No. 238, §2.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. 7/6/1994; Acts 1999, No. 1117, §1, eff. 7/9/1999; Acts 1999, No. 1309, §8, eff. 1/1/2000; Acts 2009, No. 251, §9, eff. 1/1/2010; Redesignated from R.S. 40:1098.2 by HCR 84 of 2015 R.S.