Article archive / June 1, 2013
Originally published: . Volume 4, No. 10. Source pages: 4.
Passes Both Chambers HB 281 Creates Single License For Behavioral Health Service Providers
House Bill 281 by Simon creates a single
license for behavioral health services providers. The law will prohibit a behavioral health services provider from operating without a license issued by DHH, authorizes DHH to seek an injunction, and establishes criminal penalties.
However, while the language is confusing, most currently licensed behavioral health professionals otherwise licensed by their own boards appear to be exempt.
The proposed law requires those covered under it, people and facilities, to be open at all reasonable times for inspection by DHH, the state fire marshal, municipal boards of health, and any other authorized governmental entity.
Amendments included changing the definition of licensed mental health professional to an individual who is currently licensed and in good standing in the state of La. to practice within the scope of all applicable state laws, practice acts, and the individual's professional license. This change was supposed to clarify that those licensed elsewhere are not included under this measure.
Another amendment attempted to clarify that the provisions of proposed law do not apply to the licensing of any of the enumerated facilities or persons, and shall not be construed as requiring any of the enumerated facilities or persons to seek licensure as a behavioral health service provider.
Legislators added an exemption for the following persons and facilities: an individual licensed advanced practice registered nurse, or a group practice of licensed advanced practice registered nurses, providing services under the auspices and pursuant to the scope of the individual's license or group's licenses; licensed rural health clinics; and facilities or services operated by the Dept. of Public Safety and Corrections, corrections services.
Also, the House added licensed rehabilitation counselor to the definition of "licensed mental health professional.”
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