Current through Register Vol. 50, No. 9, September 20, 2024
A. All
psychiatric residential treatment facilities shall be licensed by the
department. A PRTF shall not be established, opened, operated, managed,
maintained, or conducted in this state without a current valid license issued
by the department. The department is the only licensing authority for PRTFs in
the state of Louisiana. It shall be unlawful to operate a PRTF without
possessing a current, valid license issued by the department. Each PRTF shall
be separately licensed.
B. A PRTF
license shall:
1. be issued only to the
person or entity named in the license application;
2. be valid only for the facility to which it
is issued and only for the specific geographic address of that
facility;
3. be valid for up to one
year from the date of issuance, unless revoked, suspended, modified, or
terminated 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 PRTF
facility;
5. not be subject to
sale, assignment, donation, or other transfer, whether voluntary or
involuntary; and
6. be posted in a
conspicuous place on the licensed premises at all times.
C. In order for the PRTF to be considered
operational and retain licensed status, the facility shall meet the following
conditions.
1. The PRTF shall always have at
least two employees, one of whom is a licensed nurse, on duty at the facility
location at all times.
2. There
shall be staff employed and available to be assigned to provide care and
services to each resident. Services rendered shall be consistent with the
medical needs of each resident.
D. The licensed PRTF shall abide by and
adhere to any state law, rules, policy, procedure, manual, or memoranda
pertaining to such facilities.
E. A
separately licensed PRTF shall not use a name which is substantially the same
as the name of another such facility licensed by the department, unless such
PRTF is under common ownership with other PRTFs.
F. No branches, satellite locations or
offsite campuses shall be authorized for a PRTF.
G. No new PRTF, except one that has a Child
Residential License by DCFS, shall accept residents until the PRTF has written
approval and/or a license issued by HSS.
H. Plan Review. Construction documents (plans
and specifications) are required to be submitted and approved by both the OSFM
and the Department of Health as part of the licensing procedure and prior to
obtaining a license.
1. Submission Plans
a. Submittal Requirements
i. One set of the final construction
documents shall be submitted to the OSFM for approval. The Fire Marshals
approval letter and final inspection shall be sent to the LDH.
ii. One set of the final construction
documents shall be submitted to the OSFM for the LDH plan review along with the
appropriate review fee and a "plan review application form" for
approval.
b. Applicable
Projects. Construction documents require approval for new construction and
major alterations.
c. Design
Criteria. The project shall be designed in accordance with the following
criteria:
i. the latest OSFM adopted edition
of the National Fire Protection Agency (NFPA) 101-Life Safety Code;
ii. the latest LSUCCC adopted edition of the
International Building Code; and
iii. the current licensing standards for
psychiatric residential treatment facilities.
iv. Repealed.
d. Construction Document Preparation.
Construction documents submitted to LDH shall be prepared only 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. These documents shall be of an
architectural or engineering nature and thoroughly illustrate the project that
is accurately drawn, dimensioned, and contain noted plans, details, schedules
and specifications. At a minimum the following shall be submitted:
i. site plans;
ii. floor plans. 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
the Americans with Disabilities Act (ADA) requirements; and
vi. specifications for
materials.
2.
Waivers. The secretary of LDH 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. The
facility shall submit a waiver request in writing to HSS. The facility shall
demonstrate how patient safety and quality of care offered is not compromised
by the waiver, and must demonstrate the undue hardship imposed on the facility
if the waiver is not granted. The facility shall demonstrate their ability to
completely fulfill all other requirements of service. The department will make
a written determination of the requests.
a.
Waivers are not transferable in an ownership change and are subject to review
or revocation upon any change in circumstances related the waiver.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.
