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Rs 37:1031 Applicability

PART II. DIRECT SERVICE WORKERS

§1031. Applicability

A. The provisions of this Part shall not apply to gratuitous care provided by friends

or members of the individual's family. The provisions of this Part shall apply to all direct

service workers employed by a licensed agency, or employed as part of an authorized

departmental self-directed program, and who attend to individuals receiving home- and

community-based long-term services and who are not authorized to perform these tasks

under other state laws or regulations. An individual being served shall meet the following

criteria:

(1) Is eligible for home- and community-based long-term care services licensed by

the Louisiana Department of Health.

(2) Resides in a residence where there is daily monitoring by a family member, a

direct service worker, or other health care provider.

(3) Has a current plan of care.

(4) Receives a periodic assessment by a registered nurse based on the individual's

health status.

(5) Requires assistance with medication administration or other noncomplex medical

tasks.

B. As used in this Part, the term "residence" shall not include any intermediate care

facility for people with developmental disabilities, any nursing home, or any other facility

licensed by the Louisiana Department of Health or the Department of Children and Family

Services.

C. As defined in this Part, a "direct service worker" is an unlicensed person who

provides personal care or other services and supports to persons with disabilities or to the

elderly in order to enhance their well-being and which involves face-to-face direct contact

with the person. Functions performed may include but are not limited to assistance and

training in activities of daily living, personal care services, and job-related supports.

D. A registered nurse may delegate to a licensed practical nurse components of the

training and supervision of the direct service worker provided that the registered nurse shall

retain the responsibility and accountability for all acts of delegation and ensuring

authorization and competency validation.

E. The Louisiana Department of Health, in conjunction with the Louisiana State

Board of Nursing, shall promulgate rules and regulations necessary to enable the

implementation of this Part, and other rules and regulations concerning direct service

workers consistent with this Part.

Acts 2005, No. 451, §1, eff. July 11, 2005; Acts 2006, No. 163, §4; Acts 2008, No.

552, §1; Acts 2011, No. 299, §1; Acts 2014, No. 507, §1.

NOTE: See Acts 2014, No. 507, §2(B), which provides that the Act shall be known as

"Bailey's Law".

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
service
worker
licensed
direct
care
nurse
services
registered
training
health