2014 Louisiana Laws
Revised Statutes
TITLE 36 - Organization of the Executive Branch
RS 36:258 - Offices; purposes and functions

§258. Offices; purposes and functions

A. The purposes for which the offices of the Department of Health and Hospitals are created shall be set forth in this Section.

B. The office of public health shall perform the functions of the state which relate to the general health of the people of the state, including but not limited to responsibility for the preparation and supervision of the Sanitary Code, local health units, sewage treatment and disposal within the state, physical fitness, supplemental food programs for women, infants, and children, emergency medical services, and related functions affecting the public health. It shall also perform those functions of the state provided by law relating to environmental quality and pollution control which are related to the public health and which are specifically assigned to the department, including but not limited to functions relating to the treatment and disposal of sewage within the state, with the exception of those functions assigned by law to the Department of Environmental Quality including, but not limited to, the licensing of sewage sludge transporters or haulers.

C. The consolidation of the administration of the offices for mental illness and of addictive disorders into the office of behavioral health will offer less redundancy and greater benefits to Louisiana citizens in need of these services. The office of behavioral health shall perform the functions of the state which provide services and continuity of care for the prevention, detection, treatment, rehabilitation, and follow-up care of mental and emotional illness in Louisiana and shall perform functions related to mental health. It shall also perform the functions of the state relating to the care, training, treatment, and education of those suffering from addictive disorders and the prevention of addictive disorders and administer the addictive disorders programs in the state. It shall administer residential and outpatient care facilities of the state for persons who are mentally ill, persons suffering from addictive disorders, and persons suffering from co-occurring mental illness and addictive disorders.

D. The office for citizens with developmental disabilities shall be responsible for the programs and functions of the state relating to the care, training, treatment, and education of the mentally retarded, the developmentally disabled, and the autistic. It shall administer residential and day care facilities of the state for the mentally retarded and developmentally disabled.

E. Repealed by Acts 2009, No. 384, §4, eff. July 1, 2010.

NOTE: Subsection F eff. until one or more executive branch depts. is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§3 and 9.

F. The office of aging and adult services shall be responsible for the programs and functions of the Department of Health and Hospitals related to the long-term care of the elderly and the protection and long-term care of persons with adult onset disabilities. It shall administer the residential state-operated nursing homes, the Villa Feliciana Medical Complex, the protection services program of adults from ages eighteen to fifty-nine, the department's long-term support and services programs, the State Personal Assistance Services program, the Community and Family Support Program, the Traumatic Head and Spinal Cord Injury Trust Fund, as well as other related programs within the department.

NOTE: Subsection F as amended by Acts 2013, No. 384, §3, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§3 and 9.

F. The office of aging and adult services shall be responsible for the programs and functions of the Department of Health and Hospitals related to the long-term care of the elderly and the protection and long-term care of persons with adult onset disabilities. It shall administer the residential state-operated nursing homes, the Villa Feliciana Medical Complex, the protection services program of adults from ages eighteen to fifty-nine, the department's long-term support and services programs, the State Personal Assistance Services program, the Community and Family Support Program, the Traumatic Head and Spinal Cord Injury Trust Fund, as well as other related programs within the department. The office shall have no responsibility or authority for any programs or functions assigned by the Louisiana Revised Statutes of 1950 to the Department of Elderly Affairs.

G. Notwithstanding the provisions of Subsections C, D, and E of this Section, the Jefferson Parish Human Services Authority shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and substance abuse services for Jefferson Parish only, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:919(H).

H. Notwithstanding the provisions of Subsections B, C, D, and E of this Section, the Capital Area Human Services District shall be responsible for and shall perform the functions relative to the operation and management of community-based mental health, developmental disabilities, substance abuse services, and certain community-based public health services for the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana only unless the contract between the department and the authority has been terminated pursuant to R.S. 28:919(H).

I. Notwithstanding the provisions of Subsections C, D, and E of this Section, the Florida Parishes Human Services Authority shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:919(H).

J. Notwithstanding the provisions of Subsections C, D, and E of this Section, the South Central Louisiana Human Services District shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St. Mary, and Terrebonne, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:919(H).

K. Notwithstanding the provisions of Subsections C, D, and E of this Section, the Metropolitan Human Services District shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Orleans, St. Bernard, and Plaquemines, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:919(H).

L. Notwithstanding the provisions of Subsections C, D, and E of this Section, the Northeast Delta Human Services Authority shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:919(H).

Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 786, §4, eff. July 17, 1978; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1979, No. 680, §3; Acts 1979, No. 692, §1; Acts 1979, No. 784, §2; Acts 1980, No. 751, §1; Acts 1981, No. 603, §1; Acts 1981, No. 823, §1; Acts 1981, Ex.Sess., No. 15, §1, eff. Nov. 19, 1981; Acts 1982, No. 154, §1, eff. July 1, 1982; Acts 1982, No. 698, §1; Acts 1982, No. 842, §1, eff. Aug. 4, 1982; Acts 1983, 1st Ex. Sess., No. 13, §3, eff. July 1, 1983; Acts 1983, No. 574, §1; Acts 1983, No. 659, §2; Acts 1983, No. 386, §1, eff. July 2, 1983; Acts 1984, No. 187, §1; Acts 1984, No. 899, §1, eff. July 1, 1984; Acts 1984, No. 217, §2; Acts 1984, No. 520, §1, eff. July 1, 1984; Acts 1984, No. 567, §1, eff. Jan. 1, 1985; Acts 1985, No. 919, §1, eff. July 23, 1985; Acts 1985, No. 965, §2; Acts 1986, 1st Ex. Sess., No. 28, §1, eff. Dec. 24, 1986; Acts 1987, No. 592, §1, eff. July 9, 1987; Acts 1987, No. 912, §1, eff. July 20, 1987; Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 858, §2, eff. July 18, 1988; Acts 1989, No. 159, §2; Acts 1989, No. 458, §2; Acts 1990, No. 94, §2; Acts 1991, No. 390, §§1, 6, eff. Jan. 1, 1992; Acts 1992, No. 571, §1, eff. July 1, 1992; Acts 1993, No. 200, §5; Acts 1993, No. 466, §2, eff. June 9, 1993; Acts 1993, No. 712, §2, eff. June 21, 1993; Acts 1995, No. 723, §2, eff. June 21, 1995; Acts 1996, 1st Ex. Sess., No. 45, §1, eff. May 7, 1996; Acts 1996, 1st Ex. Sess., No. 54, §2; Acts 1997, No. 172, §2, eff. June 13, 1997; Acts 1997, No. 1130, §1; Acts 1999, No. 339, §2; Acts 2001, No. 826, §2, eff. June 26, 2001; Acts 2003, No. 594, §3, eff. June 27, 2003; Acts 2003, No. 846, §3, eff. July 1, 2003; Acts 2004, No. 803, §2, eff. July 8, 2004; Acts 2006, No. 449, §2, eff. June 15, 2006; Acts 2006, No. 465, §2, eff. June 15, 2006; Acts 2006, No. 631, §2, eff. June 23, 2006; Acts 2008, No. 56, §2, eff. July 1, 2009; Acts 2008, No. 373, §3, eff. June 21, 2008; Acts 2009, No. 384, §§3, 4, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2013, No. 384, §§3, 9, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).

NOTE: See Acts 1984, No. 187, §2.

NOTE: See Acts 2006, No. 465, §4 relative to implementation.

NOTE: See Acts 2006, No. 449, §4, relative to effectiveness and powers and duties of the board of the South Central La. Human Services District.

NOTE: See Acts 2009, No. 384, §5 relative to changes in office designations by the La. State Law Institute and Acts 2009, No. 384, §6 relative to effectiveness upon approval of implementation plan for the office of behavioral health.

NOTE: See Acts 2010, No. 939, §§13 and 17, relative to continuity of administrative rules and contracts of the Dept. of Social Services relative to programs and operations transferred by the Act to the Dept. of Health and Hospitals.

NOTE: See Acts 2010, No. 939, §15, relative to transfer of funds for the La. Traumatic Head and Spinal Cord Injury Trust Fund to the Dept. of Health and Hospitals.

NOTE: See Acts 2010, No. 939, §20, relative to report of cost of implementing transfer of programs to Dept. of Health and Hospitals.

NOTE: See Acts 2013, No. 384, §9 which makes the Act effective when one or more executive branch depts. are abolished or a constitutional amendment authorizing an additional dept. becomes effective, whichever is earlier.

NOTE: See Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not appropriated, allocated or transferred to any other state department, office or programs.