§51.1. Treatment facility; staff membership and institutional privileges; certain healthcare
providers
A.(1) Notwithstanding any provision of the law to the contrary, the governing body
of a treatment facility, as defined in R.S. 28:2, may grant staff membership, specifically
delineated institutional privileges, or both, to any duly licensed, certified, or registered
healthcare provider in accordance with the needs and bylaws of the treatment facility,
including but not limited to a physician, psychiatrist, psychologist, medical psychologist, or
psychiatric mental health nurse practitioner, as defined in R.S. 28:2.
(2) Staff membership, specifically delineated institutional privileges, or both, granted
to a medical psychologist shall be conditioned upon all of the following requirements:
(a) The applicant medical psychologist shall have a valid, current, unrestricted
license issued to him by the Louisiana State Board of Medical Examiners.
(b) The applicant medical psychologist shall prescribe medications in the treatment
facility only in consultation, collaboration and concurrence with the patient's primary or
attending physician or psychiatrist and only in accordance with the treatment facility's staff
membership or privilege granting process and restrictions, if any.
(c) The patient's primary or attending physician or psychiatrist shall have staff
membership, institutional privileges, or both, at the treatment facility.
(3) Staff membership, specifically delineated institutional privileges, which may
include the ability to prepare and execute orders for the admission of patients to a treatment
facility, or both, granted to a psychiatric mental health nurse practitioner shall be conditioned
upon all of the following requirements:
(a) The applicant psychiatric mental health nurse practitioner shall have a valid,
current, collaborative practice agreement, as defined in R.S. 37:913(9), with a psychiatrist.
(b) The applicant psychiatric mental health nurse practitioner shall have a valid,
current, and unrestricted advanced practice registered nurse license, as a nurse practitioner
or clinical nurse specialist, issued by the Louisiana State Board of Nursing, and have been
granted limited prescriptive authority pursuant to LAC 46:XLVII.4513.
(c) The applicant psychiatric mental health nurse practitioner's collaborating
physician shall have staff membership, institutional privileges, or both, at the treatment
facility.
(d) The applicant psychiatric mental health nurse practitioner shall prescribe
medications or the use of seclusion or restraint on patients in the treatment facility only in
accordance with the collaborative practice agreement and in accordance with the treatment
facility's staff membership or privilege-granting process and restrictions, if any.
B. Nothing in this Section shall be construed to require the governing body of a
treatment facility to grant staff membership, specifically delineated institutional privileges,
or both, to any applicant health care provider, provided that each such applicant is considered
on an individual basis regarding his qualifications.
C. Nothing in this Section shall be construed to prohibit the governing body of a
treatment facility from granting or denying staff membership, specifically delineated
institutional privileges, or both, on the basis of individual character, competence, experience
and judgment of the applicant health care provider seeking staff membership, or specifically
delineated institutional privileges, or both, from requiring the character recommendation of
not more than three members of the staff for which membership is sought as a prerequisite
to consideration for staff membership or specifically delineated clinical privileges.
D. "Governing body" for purposes of this Section, means the group or the individual
ultimately responsible for a treatment facility's general policies with respect to staff
membership and professional clinical privileges and shall include but not be limited to a
board of trustees, a board of directors, a board of governors, a board of managers, a medical
board, a medical director or any other official of the treatment facility with comparable
responsibilities.
Acts 2006, No. 664, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2017, No.
369, §2; Acts 2021, No. 238, §2; Acts 2021, No. 373, §1; Acts 2022, No. 271, §1.