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”.