The department must publish licensing rules and standards for behavioral health services providers, and it has authority to monitor and regulate certain clinics and treatment facilities until new minimum standards and application timeframes are in place.
§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 provide for the health, safety, and welfare of persons receiving care and services from providers, and to provide for the safe operation and maintenance of providers. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act. The rules, regulations, and licensing standards shall have the effect of law. B. The department shall prescribe, promulgate, and publish rules, regulations, and licensing standards for behavioral health services providers. The rules, regulations, and licensing standards shall include but are not limited to the following: (1) Licensure application and renewal application forms, procedures, and requirements. (2) Operational and personnel requirements. (3) Practice standards to assure quality of care. (4) Practice standards to assure the health, safety, welfare, and comfort of persons receiving care and services, including pregnant women as provided for in R.S. 40:2159.2. (5) Confidentiality of clients' records. (6) Treatment priorities, residential and outpatient criteria, and residential treatment program requirements including, without limitation, those provided in R.S. 40:2159.1. (7) Criteria and protocols to assure uniform and quality assessment, diagnosis, evaluation, and referral to appropriate level of care. (8) Survey and complaint investigations, including investigations into allegations that a provider is operating without a license. (9) Initial and annual renewal of license, including the requirement of providing verification and continuous maintenance of financial viability for all behavioral health services providers other than those owned by governmental entities. (10) Provisional licenses. (11) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom. (12) Planning, construction, and design of the facility or provider to ensure the health, safety, welfare, and comfort of persons receiving care and services. (13) Modules of behavioral health services providers with varying levels or types of services. The modules for behavioral health services providers shall include at a minimum: (a) Mental Health Services Module. (b) Substance Abuse/Addiction Treatment Module. (14) Requirements for offsite or branch locations. (15) Other regulations or standards as will ensure proper care and treatment of persons receiving care and services, including provisions relative to civil monetary penalties, as may be deemed necessary for an effective administration of this Part. (16) Delivery of behavioral health services through telehealth. C. The department shall have the authority to monitor, survey, and regulate mental health clinics and substance abuse/addiction treatment facilities under the existing licensing regulations for the programs until the department publishes minimum licensing standards for behavioral health services providers and the time for all existing licensed mental health clinics and substance abuse/addiction treatment facilities to apply for the behavioral health services provider license has expired. Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2019, No. 425, §1, eff. Jan. 1, 2020; Acts 2020, No. 191, §2; Acts 2022, No. 309, §1, eff. Jan. 1, 2023.