LAC 48:I.5601. Introduction

A. Pursuant to R.S. 40:2151-2161, the Department of Health (LDH) hereby establishes licensing standards for behavioral health service (BHS) providers. The purpose of these Chapters is to provide for the development, establishment and enforcement of statewide licensing standards for the care of clients receiving services from BHS providers, to ensure the maintenance of these standards, and to regulate conditions of these providers through a program of licensure that shall promote safe and adequate treatment of clients of BHS providers. B. In addition to the requirements stated herein, all licensed BHS providers shall comply with applicable local, state, and federal laws and regulations. C. The following providers shall be licensed under the BHS provider license: 1. substance use/addiction treatment facilities; 2. mental health clinics; and 3. any other entity that meets the definition of a BHS provider. D. The following entities shall be exempt from the licensure requirements for BHS providers: 1. hospitals licensed under R.S. 40:2100 et seq.; 2. crisis receiving centers licensed under 40:2180.11 et seq.; 3. nursing homes licensed under R.S. 40:2009.3 et seq.; 4. psychiatric residential treatment facilities and therapeutic group homes licensed under R.S. 40:2009; 5. facilities or services operated by the federal government; 6. federally qualified health care centers (FQHCs) certified by the federal government; 7. community mental health centers (CMHCs) certified by the federal government, that provide CMHC services allowed by the federal government; 8. home and community-based service (HCBS) providers providing HCBS services under a license issued pursuant to R.S. 40:2120.1 et seq.; 9. an individual licensed mental health professional (LMHP), whether incorporated or unincorporated, or a group practice of LMHPs, providing services under the auspices of and pursuant to the scope of the individual’s license or group’s licenses; 10. an individual licensed physician, or a group of licensed physicians, providing services under the auspices of and pursuant to the scope of the individual’s license or group’s licenses; 11. an individual licensed physician assistant (PA), or a group practice of licensed PAs, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses; 12. school-based health clinics/centers that are certified by the LDH, Office of Public Health, and enrolled in the Medicaid Program; 13. those local public school governing authorities, if such exemption is applicable to only school-based BHS provided through the Medicaid Early and Periodic Screening, Diagnostic, and Treatment program; 14. a health care provider or entity solely providing case management or peer support services, or a combination thereof; 15. facilities or services operated for the sole purpose of providing substance use or mental health services to courts that are recognized and certified by the Louisiana Supreme Court as specialty courts; 16. an individual licensed advanced practice registered nurse (APRN), or a group practice of licensed APRNs, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses; 17. rural health clinics (RHCs) providing RHC services under a license issued pursuant to R.S. 40:2197; and 18. facilities or services operated by the Department of Public Safety and Corrections, Corrections Services.