La. Admin. Code tit. 48 § I-4417
Current through Register Vol. 50, No. 9, September 20, 2024
Section I-4417 - Immediate Suspension of LicenseA. Pursuant to applicable state law, the secretary may issue an immediate suspension of a license if any investigation or survey determines that the applicant or outpatient abortion facility is in violation of any provision of applicable state laws, in violation of the rules promulgated by the department, or in violation of any other federal or state law or regulation, and the secretary determines that the violation or violations pose an imminent or immediate threat to the health, welfare, or safety of a client or patient.B. Notice of Immediate Suspension of License. The secretary shall provide written notice of the immediate suspension of license.C. Effective Date. The suspension of the license is effective immediately upon the receipt of the written notice of immediate suspension of license.D. Administrative Appeal. The outpatient abortion facility shall have the right to request a devolutive administrative appeal of the immediate suspension of license. 1. The request for a devolutive administrative appeal must be in writing and submitted to the DHH Office of the Secretary within 30 calendar days of receipt of the notice of immediate suspension of license.2. The request for a devolutive administrative appeal shall specify in detail the reasons why the appeal is lodged.E. Injunctive Relief. The outpatient abortion facility shall have the right to file for injunctive relief from the immediate suspension of license. 1. Venue. Any action for injunctive relief shall be filed with the district court for the Parish of East Baton Rouge.2. Burden of Proof. Before injunctive relief may be granted, the outpatient abortion facility shall prove by clear and convincing evidence that the secretarys decision to issue the immediate suspension of license was arbitrary and capricious.La. Admin. Code tit. 48, § I-4417
Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 29:709 (May 2003).Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 41695 (4/1/2015).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2175.1 et seq.