2006 Louisiana Laws - RS 28:567 — Licensing of mental health clinics; applications and fees; rules, regulations, and standards; moratorium

§567.  Licensing of mental health clinics; applications and fees; rules, regulations, and standards; moratorium

A.  Any person, partnership, corporation, unincorporated association or other legal entity, including any public body, currently operating or planning to operate a public or private mental health clinic and who presently receives or will seek to receive reimbursement for services provided from federal or state medical assistance funds provided pursuant to Title XIX of the Social Security Act and La.R.S. 46:153 shall apply to the Department of Health and Hospitals for licensing of said public or private mental health clinic.  Hospitals licensed under provisions of La.R.S. 40:2100 et seq., nursing homes licensed under provisions of La.R.S. 40:2009.3 et seq., and facilities or services operated by the United States need not apply for licenses under provisions of this Section.

B.  For purposes of this Title, the term "mental health clinic" means a legal entity through which a range of mental health services including, at least, inpatient treatment, outpatient treatment, partial hospitalization, and twenty-four hour emergency services are provided either directly or through formal affiliation with other agencies by an interdisciplinary team of mental health professionals and subordinates in accordance with a plan of treatment or under the direction of a psychiatrist or another physician with psychiatric consultation.

C.  Applications for licensing shall be made to the Department of Health and Hospitals on application forms furnished by it and shall contain such information as is reasonable for the department to require.  The application shall be accompanied by a license fee of one hundred dollars.  Facilities operated by the state of Louisiana are exempt from payment of a licensing fee.

D.  The Department of Health and Hospitals shall promulgate rules, regulations and standards for establishing procedures for examining applicants and setting up criteria to be met by the mental health clinics before a license can be issued and thereafter maintained.  The rules, regulations and standards shall be promulgated according to procedures established under the Administrative Procedures Act and shall have the effect of law.

E.  Notwithstanding any other provision of law to the contrary, the Department of Health and Hospitals shall implement a moratorium on the licensure of mental health clinics and mental health centers.  The Department of Health and Hospitals shall not approve for licensure any mental health clinic or mental health center until July 1, 2008.  This moratorium shall not apply to mental health clinics or mental health centers licensed by the department prior to July 3, 1997.

Added by Acts 1978, No. 641, §1.  Acts 1986, No. 491, §1, eff. July 2, 1986; Acts 1997, No. 583, §1, eff. July 3, 1997; Acts 2001, No. 863, §1, eff. June 26, 2001; Acts 2003, No. 1191, §1, eff. July 3, 2003.

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