Current through Register Vol. 50, No. 9, September 20, 2024
A. All entities providing crisis receiving
services shall be licensed by LDH. It shall be unlawful to operate as a CRC
without a license issued by the department. LDH is the only licensing authority
for CRCs in Louisiana.
B. A CRC
license authorizes the center to provide crisis receiving services.
C. The following entities are exempt from CRC
licensure under this Chapter, so long as they are providing CRC services to
existing clients:
1. community mental health
centers (CMHCs);
2.
hospitals;
3. nursing
homes;
4. psychiatric residential
treatment facilities;
5.
school-based health centers;
6.
therapeutic group homes;
7. home
and community based services (HCBS) waiver agencies limited to center-based
respite;
8. substance use/addictive
disorder facilities;
9. mental
health clinics as defined in §5603;
10. center-based respites;
11. MHEREs; and
12. federally qualified health care centers
(FQHCs).
13. Repealed.
D. A CRC license is not required
for individual or group practice of LMHPs providing services under the auspices
of their individual professional license(s).
E. A CRC license shall:
1. be issued only to the person or entity
named in the license application;
2. be valid only for the CRC to which it is
issued and only for the geographic address of that CRC approved by
DHH;
3. be valid for up to one year
from the date of issuance, unless revoked, suspended, or modified prior to that
date, or unless a provisional license is issued;
4. expire on the expiration date listed on
the license, unless timely renewed by the CRC;
5. be invalid if sold, assigned, donated or
transferred, whether voluntary or involuntary; and
6. be posted in a conspicuous place on the
licensed premises at all times.
F. In order for the CRC to be considered
operational and retain licensed status, the following applicable operational
requirements shall be met. The CRC shall:
1.
be open and operating 24 hours per day, 7 days per week;
2. have the required staff on duty at all
times to meet the needs of the clients; and
3. be able to screen and either admit or
refer all potential clients at all times.
G. The licensed CRC shall abide by any state
and federal law, rule, policy, procedure, manual or memorandum pertaining to
crisis receiving centers.
H. The
CRC shall permit designated representatives of the department, in the
performance of their duties, to:
1. inspect
all areas of the center's operations; and
2. conduct interviews with any staff member,
client, or other person as necessary.
I. CRC Names
1. A CRC is prohibited from using:
a. the same name as another CRC;
b. a name that resembles the name of another
center;
c. a name that may mislead
the client or public into believing it is owned, endorsed, or operated by the
state of Louisiana when it is not owned, endorsed, or operated by the state of
Louisiana.
J.
Plan Review
1. Any entity that intends to
operate as a CRC, except one that is converting from a MHERE or an existing
CRC, shall complete the plan review process and obtain approval for its
construction documents for the following types of projects:
a. new construction;
b. any entity that intends to operate and be
licensed as a CRC in a physical environment that is not currently licensed as a
CRC; or
c. major
alterations.
2. The CRC
shall submit one complete set of construction documents with an application and
review fee to the OSFM for review. Plan review submittal to the OSFM shall be
in accordance with
R.S.
40:1574, and the current
Louisiana
Administrative Code (LAC) provisions governing fire protection for
buildings (LAC 55: V.Chapter 3 as of this promulgation), and the following
criteria:
a. any change in the type of
license shall require review for requirements applicable at the time of
licensing change;
b. requirements
applicable to occupancies, as defined by the most recently state-adopted
edition of National Fire Protection Association (NFPA) 101,
where services or treatment for four or more patients are provided;
c. requirements applicable to construction of
business occupancies, as defined by the most recently state-adopted edition of
NFPA 101; and
d. the specific
requirements outlined in the Physical Environment requirements of this
Chapter.
3. Construction
Document Preparation
a. The CRC's construction
documents shall be prepared by a Louisiana licensed architect or licensed
engineer as governed by the licensing laws of the state for the type of work to
be performed.
b. The CRC's
construction documents shall be of an architectural or engineering nature and
thoroughly illustrate an accurately drawn and dimensioned project that contains
noted plans, details, schedules and specifications.
c. The CRC shall submit at least the
following in the plan review process:
i. site
plans;
ii. floor plan(s). These
shall include architectural, mechanical, plumbing, electrical, fire protection,
and if required by code, sprinkler and fire alarm plans;
iii. building elevations;
iv. room finish, door, and window
schedules;
v. details pertaining to
Americans with Disabilities Act (ADA) requirements; and
vi. specifications for materials.
4. Upon OSFM approval,
the CRC shall submit the following to DHH:
a.
the final construction documents approved by OSFM; and
b. OSFM's approval letter.
K. Waivers
1. The secretary of DHH may, within his/her
sole discretion, grant waivers to building and construction guidelines which
are not part of or otherwise required under the provisions of the state
Sanitary Code.
2.
In order to request a waiver, the CRC shall submit a written request to HSS
that demonstrates:
a. how patient safety and
quality of care offered is not comprised by the waiver;
b. the undue hardship imposed on the center
if the waiver is not granted; and
c. the center's ability to completely fulfill
all other requirements of service.
3. DHH will make a written determination of
each waiver request.
4. Waivers are
not transferable in an ownership change or geographic change of location, and
are subject to review or revocation upon any change in circumstances related to
the waiver.
5. DHH prohibits
waivers for new construction.
L. A person or entity convicted of a felony
or that has entered a guilty plea or a plea of nolo contendere to a felony is
prohibited from being the CRC or owner, clinical supervisor or any managing
employee of a CRC.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2180.14.
