La. Admin. Code tit. 48 § I-7817

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-7817 - Issuance of Licenses

A. The department shall have authority to issue two types of licenses: a full license or provisional license.

B. A full pain management clinic license may be issued only to applicants that are in compliance with all applicable federal, state and local laws and regulations. This license shall be valid until the expiration date shown on the license, unless the license has been revoked, terminated, or suspended.

C. A provisional license may be issued to those existing licensed pain management clinics that do not meet the criteria for full licensure. This license shall be valid for no more than six months, unless the license has been revoked, terminated, or suspended.

1. A provisional license may be issued by the department for one of the following reasons, including but not limited to:

a. the clinic has more than five deficient practices during any one survey;

b. the clinic has more than three valid complaints in a one-year period;

c. there is a documented incident of placing a patient at risk;

d. the clinic fails to correct deficient practices within 60 days of being cited or at the time of the follow-up survey, whichever occurs first.

2. A pain management clinic with a provisional license may be issued a full license if at the follow-up survey the clinic has corrected the deficient practice. A full license may be issued for the remainder of the year until the clinic's license anniversary date.

3. The department may re-issue a provisional license or allow a provisional license to expire when the clinic fails to correct deficient practice within 60 days of being cited or at the time of the follow-up survey, whichever occurs first.

4. The department may also issue a provisional license if there is documented evidence that any representative of the clinic has (without the knowledge or consent of clinic's owner, medical director and/or administrator) bribed, harassed, offered, paid for or received something of economic value for the referral of an individual to use the services of a particular clinic.

La. Admin. Code tit. 48, § I-7817

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:82 (January 2008), Amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 412646 (12/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40.2198.11-13.