La. Admin. Code tit. 48 § I-7819

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

Section I-7819 - Initial License Denial, License Revocation or Denial of License Renewal

A. Pursuant to R.S. 49:950, the Administrative Procedures Act, the department may:

1. deny an application for a license;

2. refuse to renew a license; or

3. revoke a license.

B. A pain management clinic license may not be renewed or may be revoked for any of the following reasons, including but not limited to:

1. failure to be in substantial compliance with pain management clinic licensing regulations;

2. failure to uphold patient rights whereby deficient practice may result in harm, injury or death of a patient;

3. failure of the clinic to protect a patient from a harmful act by a clinic employee or other patient(s) on the premises, including but not limited to:

a. an action posing a threat to patient or public health and safety;

b. coercion;

c. threat or intimidation;

d. harassment;

e. abuse; or

f. neglect;

4. failure to notify proper authorities of all suspected cases of neglect, criminal activity, mental or physical abuse, or any combination thereof;

5. failure to maintain sufficient staff to meet the needs of the patient;

6. failure to employ qualified personnel;

7. failure to remain operational on the days, and during the hours, the clinic has reported to the department that it will be open, unless the closure is unavoidable due to a man-made or natural disaster and in accordance with §7825;

8. failure to submit fees, including but not limited to:

a. fee for the change of address or name;

b. any fine assessed by the department; or

c. fee for a CHOW;

9. failure to allow entry to a clinic or access to requested records during a survey;

10. failure to protect patients from unsafe care by an individual employed by a clinic;

11. failure to correct areas of deficient practice;

12. when clinic staff or owner has knowingly, or with reason to know, made a false statement of a material fact in any of the following:

a. application for licensure;

b. data forms;

c. clinical records;

d. matters under investigation by the department;

e. information submitted for reimbursement from any payment source; or

f. advertising;

13. clinic staff misrepresented or fraudulently operated a clinic;

14. conviction of a felony, or entering a plea of guilty or nolo contendere to a felony by an owner, administrator, director of nursing, or medical director as evidenced by a certified copy of the conviction;

15. failure to comply with all reporting requirements in a timely manner as requested by the department; or

16. action taken by the board against a physician owning, employed or under contract to a clinic for violation of the board's Pain Management Rules or other violations of the Medical Practice Act which would make him ineligible for licensure.

C. In the event a clinic's license is revoked or denied renewal, no other license application shall be accepted by the department from the owners of the revoked or denied clinic for a period of two years from the date of the final disposition of the revocation or denial action.

D. When a clinic is under a denial of license renewal action, provisional licensure, or license revocation action, that clinic is prohibited from undergoing a change of ownership.

La. Admin. Code tit. 48, § I-7819

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.