Louisiana § RS 40:2193.1 - Purpose and definitions

§ RS 40:2193.1. Purpose and definitions

            A. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of children in pediatric day health care facilities and to provide for the safe operation of these facilities. The department shall consult with the following organizations in the development of the rules and regulations:

            (1) The Early Steps Program (Part C, IDEA), office of public health, Louisiana Department of Health.

            (2) The Children's Special Health Services Program, office of public health, Louisiana Department of Health.

            (3) The Bureau of Community Supports and Services, Louisiana Department of Health.

            (4) The state interagency coordinating council for Early Steps Program.

            (5) Hospitals that operate Level III regional neonatal intensive care units.

            (6) The Arc of Louisiana.

            (7) The Louisiana Chapter, American Academy of Pediatrics.

            (8) The child care assistance program of the state Department of Education.

            B. For purposes of this Part, the following definitions apply:

            (1) "Department" means the Louisiana Department of Health.

            (2) "License" means a license issued by the Louisiana Department of Health to a pediatric day health care facility under this Part.

            (3) "Licensee" means the person, partnership, company, corporation, association, organization, professional entity, or other entity to whom a license is granted by the licensing agency under this Part and upon whom rests the ultimate responsibility and authority for the conduct of the pediatric day health care facility.

            (4) "Medically fragile" means an individual who has a medically complex condition characterized by multiple, significant medical problems that require extended care. Medically fragile problems include but are not limited to severe lung disease requiring oxygen, severe lung disease requiring ventilator or tracheotomy care, complicated spina bifida, heart disease, malignancy, asthmatic exacerbations, cystic fibrosis exacerbations, neuromuscular disease, encephalopathies, and seizure disorders.

            (5) "Pediatric day health care facility" means a facility that may operate seven days a week, not to exceed twelve hours a day, to provide care for medically fragile children under the age of twenty-one, including technology-dependent children who require close supervision. Care and services to be provided by the pediatric day health care facility shall include but shall not be limited to:

            (a) Nursing care, including but not limited to tracheotomy and suctioning care, medication management, and IV therapy.

            (b) Respiratory care.

            (c) Physical, speech, and occupational therapies.

            (d) Assistance with aids of daily living.

            (e) Transportation services.

            (f) Education and training.

            (6) "Secretary" means the secretary of the Louisiana Department of Health.

            Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4; Acts 2022, No. 271, §4.