Regulation detail

La. R.S. 40:2153

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La. R.S. 40:2153 active

BH provider licensure (40:2151-2161); minor consent (40:1079.1-.3)

Jurisdiction: LA Agency: Louisiana State Legislature
MH_RESIDENTIAL (60%) OUTPATIENT (60%) SUD_RESIDENTIAL (60%)
Plain-English summary

This section provides definitions for key terms used in Louisiana's behavioral health services provider licensure framework (R.S. 40:2151–2161). It defines 'behavioral health services' broadly to include mental health and substance abuse/addiction treatment services for adults and children, delivered in residential, clinic, home/community, or telehealth settings. Facility operators seeking licensure must understand these definitions as they govern the scope of the licensing requirements, including financial viability standards such as minimum lines of credit, liability insurance, and workers' compensation coverage.

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RS 40:2153

§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.

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

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