Louisiana § RS 40:2154 - Applicability

§ RS 40:2154. Applicability

            A. The provisions of this Part shall not apply to the licensing of any of the following facilities or persons and shall not be construed as requiring any of the following facilities or persons to seek licensure as a behavioral health services provider:

            (1) Hospitals licensed under R.S. 40:2100 et seq.

            (2) Crisis receiving centers licensed under R.S. 40:2180.11 et seq.

            (3) Nursing homes licensed under R.S. 40:2009.3 et seq.

            (4) Psychiatric residential treatment facilities or therapeutic group homes licensed under R.S. 40:2009.

(5) Facilities or services operated by the federal government.

            (6) Federally qualified health centers certified by the federal government.

            (7) Community mental health centers certified by the federal government.

            (8) Home- and community-based service providers licensed under 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, or a group practice of licensed physician assistants, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses.

            (12)(a) School-based health clinics and centers that are certified by the Louisiana Department of Health, office of public health, and enrolled in the Louisiana Medicaid program.

            (b) Local public school governing authorities, if such exemption is applicable to only school-based behavioral health services provided through the Medicaid Early and Periodic Screening, Diagnostic, and Treatment program.

            (13) A healthcare provider or entity solely providing case management or peer support services, or a combination thereof.

            (14) Repealed by Acts 2017, No. 33, §2, eff. June 3, 2017.

            (15) An individual licensed advanced practice registered nurse, or a group practice of licensed advanced practice registered nurses, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses.

            (16) Rural health clinics licensed under R.S. 40:2197.

            (17) Facilities or services operated by the Department of Public Safety and Corrections, corrections services.

            (18) Facilities or services operated for the sole purpose of providing substance abuse or mental health services to courts that are recognized and certified by the Louisiana Supreme Court as specialty courts.

            NOTE: The implementation of Paragraph (A)(19), as enacted by Acts 2017, No. 417, §1, shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Centers for Medicare and Medicaid Services. See Acts 2017, No. 417, §2.

            (19) Community-based care facilities licensed pursuant to R.S. 40:2162.1 et seq.

            B. Nothing in this Part shall be construed to authorize any person to provide behavioral health services unless the person is licensed, certified, registered or credentialed as provided in state law, and the services rendered are in accordance with all applicable laws, rules, professional training and ethical standards.

            Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2015, No. 23, §1, eff. May 29, 2015; Acts 2016, No. 344, §1, eff. June 2, 2016; Acts 2017, No. 33, §2, eff. June 3, 2017; Acts 2017, No. 417, §1; Acts 2018, No. 206, §4; Acts 2019, No. 215, §1.