La. Admin. Code tit. 48 § I-9003
Abuse- any one of the following acts which seriously endangers the physical, mental or emotional health of the resident:
a. infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the resident;
b. exploitation or overwork of a resident;
c. involvement of the resident in sexual activity constituting a crime under the laws of this state.
Accreditation-official notification given the provider of compliance to standards established by either:
a. the Joint Commission (TJC), formerly known as the Joint Commission on Accreditation of Healthcare Organizations (JCAHO);
b. the Commission on Accreditation of Rehabilitation Facilities (CARF); or
c. the Council on Accreditation for Children and Family Services (COA).
Active Treatment-implementation of a professionally developed and supervised individual plan of care that is developed no later than 14 days after admission and designed to achieve the recipient's discharge from inpatient status at the earliest possible time.
Administrator-the person responsible for the on-site, daily implementation and supervision of the facility's overall operation commensurate with the authority conferred by the governing body.
Behavior Management- techniques, measures, interventions and procedures applied in a systematic fashion to promote positive behavioral or functional change fostering the resident's self-control, and to prevent or interrupt a resident's behavior which threatens harm to the resident or others.
Cessation of Business-provider is non-operational and/or has stopped offering or providing services to the community.
Change of Ownership (CHOW)-the sale or transfer whether by purchase, lease, gift or otherwise of a PRTF by a person/corporation of controlling interest that results in a change of ownership or control of 30 percent or greater of either the voting rights or assets of a PRTF or that results in the acquiring person/corporation holding a 50 percent or greater interest in the ownership or control of the PRTF.
Clinical Director- the person who has responsibility for the psychiatric aspects of the program and who has to provide full-time coverage on an on-site or on-call basis.
CMS-the Centers for Medicare and Medicaid Services, Department of Health and Human Services.
Core Mental Health Disciplines-academic training programs in psychiatry, psychology, social work and psychiatric nursing.
DCFS-the Department of Children and Family Services.
Department (LDH)-the Louisiana Department of Health.
Discipline- the ongoing practice of helping residents develop inner control so they can manage their own behavior in an appropriate and acceptable manner.
Documentation-written evidence or proof, including signatures of appropriate staff and date, shall be maintained on site and available for review.
DSS-Repealed.
Emergency Safety Intervention- the use of restraint or seclusion as an immediate response to an emergency safety situation.
Emergency Safety Situation- unanticipated resident behavior that places the resident or others at serious threat of violence or injury if no intervention occurs and that calls for an emergency safety intervention.
Governing Body- the board of trustees, owner or person(s) designated by the owner with ultimate authority and responsibility (both moral and legal) for the management, control, conduct, and functioning of the PRTF.
Group (or Unit)- refers to the residents who share a common space and relate to one primary staff person (who may be assisted by others) on a consistent or daily basis.
HSS-the Department of Health, Health Standards Section.
License-the legal authority to operate as a PRTF in the state of Louisiana.
Licensed Mental Health Professional (LMHP)-an individual who meets one of the following education and experience requirements:
a. a physician duly licensed to practice medicine in the state of Louisiana and has completed an accredited training program in psychiatry; or
b. a psychologist licensed as a practicing psychologist under the provisions of R.S. 28:2351-2370; or
c. a medical psychologist licensed under the provisions of R.S. 28:2351-2370; or
d. a social worker who holds a master's degree in social work from an accredited school of social work and is a licensed clinical social worker under the provisions of R.S. 37:2701-2718, as amended; or
e. an advanced practice registered nurse licensed as a registered nurse in the state of Louisiana by the Board of Nursing who may practice to the extent that services are within the nurse's scope of practice; and
i. who is a nurse practitioner specialist in adult psychiatric and mental health and family psychiatric and mental health; or
ii. who is a certified nurse specialist in psychosocial, gerontological psychiatric mental health, adult psychiatric and mental health and child-adolescent mental health;
f. a licensed professional counselor who is licensed as such under the provision of R.S. 37:1101-1115 and has at least two years post master's supervised experience delivering services in the mental health-related field; or
g. a licensed marriage and family therapist who is licensed as such under the provisions of R.S. 37:1116-1121; or
h. a licensed addiction counselor who is licensed as such under the provisions of R.S. 37:3387.
a. has a Master of Social Work degree; or
b. has a Master of Arts degree, Master of Science degree or a Master of Education degree in a mental health-related field; and
i. has a minimum of 15 hours of graduate level course work and/or practicum in applied intervention strategies/methods designed to address behavioral, emotional and/or mental problems. These hours may have been obtained as a part of, or in addition to, the master's degree.
Mental Health-Related Field-academic training programs based on the principles, teachings, research and body of scientific knowledge of the core mental health disciplines. Programs which qualify include, but are not limited to sociology, criminal justice, nursing, marriage and family counseling, rehabilitation counseling, psychological counseling and other professional counseling. For any other program to qualify as a related field, there shall be substantial evidence that the academic program has a curriculum content in which at least 70 percent of the required courses for graduation are based on the knowledge base of the core mental health disciplines.
Mental Health Service Delivery Experience-mental health service delivery experience at the professional or paraprofessional level delivered in an organized mental health or psychiatric rehabilitation setting such as a psychiatric hospital, day treatment or mental health case management program or community mental health center.
Mental Health Specialist (MHS)-a person who delivers direct care services under the direct supervision of a LMHP or MHP and who meets one of the following criteria, as documented by the provider:
Minor- a minor as defined under state law and, for the purpose of this Chapter, includes a resident who has been declared legally incompetent by the applicable state court.
Neglect-the unreasonable refusal or failure of a facility to supply a resident with necessary food, clothing, shelter, care, treatment, or counseling for injury, illness, or condition of the resident, as a result of which the resident's physical, mental or emotional health and safety is substantially threatened or impaired.
New Construction- any of the following started after January 1, 2004:
a. new buildings to be used as a PRTF;
b. additions to existing buildings to be used as a PRTF;
c. conversions of existing buildings or portions thereof for use as a PRTF;
d. alterations other than minor alterations to an existing PRTF.
Non-Operational-the HCBS provider location is not open for business operation on designated days and hours as stated on the licensing application and business location signage.
Normal Business Hours-between the hours of 7 a.m. and 6 p.m. every Monday-Friday, except for holidays.
OBH-the Department of Health, Office of Behavioral Health.
OCS-Repealed.
OPH-the Department of Health, Office of Public Health.
OSFM-the Department of Public Safety and Corrections, Office of State Fire Marshal.
OYD-Repealed.
Personal R estraint -the application of physical force, without the use of any device, for the purpose of restraining the free movement of a resident's body. The term personal restraint does not include briefly holding without undue force a resident in order to calm or comfort him/her, or holding a resident's hand to safely escort a resident from one area to another.
Psychiatric Residential Treatment Facility (PRTF)-a facility other than a hospital, that provides inpatient psychiatric services, as described in 42 CFR part 441 subpart D, to individuals under age 21, in a residential setting.
Restraint- a personal restraint , mechanical restraint , or drug used as a restraint .
Seclusion - the involuntary confinement of a resident alone in a room or an area from which the resident is physically prevented from leaving.
Serious Injury- any significant impairment of the physical condition of the resident as determined by qualified medical personnel. This includes, but is not limited to, burns, lacerations, bone fractures, substantial hematoma, and injuries to internal organs, whether self-inflicted or inflicted by someone else.
Staff- those individuals with responsibility for managing a resident's health or participating in an emergency safety intervention and who are employed by the facility on a full-time, part-time or contract basis.
Time Out- the restriction of a resident for a period of time to a designated area from which the resident is not physically prevented from leaving, for the purpose of providing the resident an opportunity to regain self-control.
La. Admin. Code tit. 48, § I-9003