2012 Louisiana Laws
Revised Statutes
TITLE 40 — Public health and safety
RS 40:1058.3 — Licensing of substance abuse/addiction treatment facilities; applications; fees; disposition of fees; moratorium on methadone maintenance programs; needs assessment task force; exceptions

§1058.3. Licensing of substance abuse/addiction treatment facilities; applications; fees; disposition of fees; moratorium on methadone maintenance programs; needs assessment task force; exceptions

A.(1) Application to operate a substance abuse/addiction treatment facility shall be made to the department on application forms furnished by it and shall contain such information as is reasonable for the agency to require. The application shall be accompanied by a license fee.

(2) No substance abuse/addiction treatment facility shall be operated without a valid current license.

B. A provisional license may be issued to a licensed facility for a period not to exceed six months in cases where full compliance with regulations, codes, or minimum standards require an extension of time. The failure to comply must not be detrimental to the health or safety of the patients and the deficiencies must be cited at the time of issuance.

C.(1) A moratorium is declared upon the licensure of additional methadone maintenance programs in all parts of this state except administrative regions VIII and IX of the department. The moratorium shall become enforceable on July 1, 2003, and shall remain in effect until July 1, 2011. The department shall not license any additional methadone maintenance programs prior to July 1, 2011.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the department determines, in its discretion, that there is a need for new or additional methadone maintenance programs in a certain geographic location, the department may license a new or additional methadone maintenance program. The department is authorized to promulgate and adopt rules and regulations in accordance with the Administrative Procedure Act to provide for the following:

(a) Criteria and processes for determining whether such a need exists.

(b) Procedures for selecting a methadone maintenance program to be licensed once a need has been determined.

(3) The provisions of this Subsection shall apply only to applications for new programs not approved prior to July 1, 2001.

(4) There is hereby established a task force which shall conduct a statewide assessment of needs for services of methadone maintenance programs. The task force shall complete such needs assessment and deliver a written report of findings to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare on or before March 15, 2011. The task force shall be comprised of the following persons:

(a) The secretary of the department or his designee.

(b) One representative of each private entity which possesses a license to operate a methadone maintenance program in this state.

(c) One member of the House Committee on Health and Welfare selected by the chairman of the committee.

(d) One member of the Senate Committee on Health and Welfare selected by the chairman of the committee.

Added by Acts 1975, No. 364, §1; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1992, No. 624, §1, eff. July 2, 1992; Acts 1997, No. 1000, §1; Acts 2001, No. 774, §1, eff. July 1, 2001; Acts 2003, No. 242, §1; Acts 2008, No. 166, §1, eff. July 1, 2008; Acts 2010, No. 303, §1, eff. June 17, 2010.