reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.35. Issuance of license

RS 40:2116.35 - Issuance of license
A. A license issued under the provisions of this Part is not transferable or assignable between persons, home health agencies, or both except as provided in this Section. Each location of a home health agency located outside of a fifty-mile radius of an existing licensed home health agency must be licensed. Each location of a home health agency located within a fifty-mile radius of an existing licensed home health agency must be registered with the department.
B.(1) Only agencies which have a valid license shall be allowed to change controlling ownership. The purchaser shall accept all responsibility for the patients and functions of the agency on the date of the sale. The purchaser also shall assume responsibility for deficiencies identified on the most recent survey as well as corrective measures required by the department and imposed upon the agency prior to the date of sale. Purchasers of agencies must meet all criteria for initial application for licensure. All purchasers are required to meet ownership qualifications as set forth in minimum standards. Upon purchase and payment of the licensure fee, the department shall issue a new license to allow the new owner to continue operation of the agency. The seller of any agency who enters into a merger, change of controlling ownership, or control of the entity must notify the department in writing in advance of the transaction. He must surrender the license with a written explanation of the transaction to the department on the date of the sale.
(2) For the purposes of this Section, "change of controlling ownership" shall have the same meaning as that contained in federal law and regulation applicable to home health agencies.
Acts 1966, No. 25, §1, eff. July 11, 1965 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1987, No. 744, §1; Acts 1988, No. 836, §§1, 2; H.C.R. No. 119, 1993 R.S.; Acts 1995, No. 1252, §1; Acts 1997, No. 583, §2, eff. July 3, 1997.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.36. Denial, revocation, or nonrenewal of license; grounds

RS 40:2116.36 - Denial, revocation, or nonrenewal of license; grounds
A. An application for a license shall be denied for failure to achieve substantial compliance with minimum standards prescribed by the secretary of the Louisiana Department of Health.
B. A license to operate may be suspended pending proceedings for revocation or other action if the department finds the public health, safety, or welfare clearly requires emergency action.
C. A license shall be immediately denied or revoked if the department determines that the agency knowingly and willfully or through gross negligence allowed or directed actions which resulted in:
(1) Cruelty to patients.
(2) Failure to uphold patient rights resulting in actual or potential harm or injury.
(3) Failure to protect patients/persons in the community from harmful actions of the agency employees, including but not limited to coercion, threat, intimidation, solicitation, and harassment.
(4) Failure to notify an appropriate governmental agency of any suspected cases of neglect, criminal activity, or mental or physical abuse which could potentially cause harm to the patient.
(5) Acceptance of a patient when the agency has insufficient capacity to provide care for that patient.
(6) Misrepresentation or other fraudulent conduct in any aspect of the conduct of the home care business.
(7) Bribery, harassment, or intimidation of any person designed to cause that person to use the services of any particular home health agency.
(8)(a) Pleading guilty to, pleading nolo contendere to, or conviction of a felony by an owner, administrator, or director of nursing as shown by a certified copy of the record of the court of conviction, or if the applicant is a firm or corporation, when any of its members or officers, or the person designated to manage or supervise the home care, has been convicted of a felony.
(b) For purposes of this Paragraph "conviction of a felony" means and includes:
(i) Conviction of a criminal offense related to that person's involvement in any program under Medicare, Medicaid, or Title XX services program since the inception of those programs.
(ii) Conviction of a felony relating to violence, abuse, and/or neglect of a person.
(iii) Conviction of a felony related to the misappropriation of property belonging to another person.
D. A license may be denied, revoked, or not renewed for failure to correct any violation of law and regulation for which a provisional license may have been issued under R.S. 40:2116.32(D) and this Section.
E. A license may be denied, revoked, or not renewed for failure to allow surveyors entry when the department attempts to conduct a survey or for denial to department surveyors of access to records.
Acts 1966, No. 25, §1, eff. July 11, 1966, at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1988, No. 836, §2; Acts 1995, No. 1252, §1; Acts 2008, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.37. Notice of reasons for nonrenewal or revocation of license; review; hearing

RS 40:2116.37 - Notice of reasons for nonrenewal or revocation of license; review; hearing
A. The secretary shall furnish the applicant or licensee written notice specifying reasons for the denial of an application, or for the refusal to renew or for the revocation of a license within five days, exclusive of holidays, of his decision. Any applicant or licensee who feels aggrieved by the action of the secretary in denying, refusing to renew, or revoking a license may, within fifteen days exclusive of legal holidays from the date the notice of such action is received by him, appeal suspensively from the action of the secretary by filing in the office of the secretary within such fifteen-day period a written request addressed to the secretary asking for a hearing by the department. The request for a hearing shall specify in detail the reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the secretary and must be received in the office of the secretary within the period allowed for appeal.
B. When any appeal authorized by Subsection A of this Section is received by the secretary, if timely filed, he shall appoint a three-member board to conduct a hearing on the appeal at such time and place as such members deem proper. The review, hearing, and appeal shall be conducted in accordance with the Administrative Procedure Act.
Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §15; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.38. Records; reports

RS 40:2116.38 - Records; reports
Every home health agency and licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department.
Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.39. Term of license; renewal fee; display; transfer

RS 40:2116.39 - Term of license; renewal fee; display; transfer
A license shall be for a term of one year, and shall expire on the date shown on the license unless renewed. All applications for renewal, except those of places operated by the state of Louisiana, shall be accompanied by a renewal fee as set forth in the minimum standards. The license shall be displayed in a conspicuous place in the business location of the agency. A license shall be valid only in the hands of the person to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary. The license shall not be relocated out of the geographic area for which it was originally issued.
Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1985, No. 912, §1; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1995, No. 1252, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.40. Violations; penalties

RS 40:2116.40 - Violations; penalties
The opening or operation of a home health agency as defined in this Part, without a license therefor, or in knowing and willful violation of any provision of this Part or any minimum standard, rule, regulation, or order entered by the board thereunder when such violation results in harm to a patient, shall be a misdemeanor, and upon conviction, punishable by a fine of not less than one thousand dollars nor more than ten thousand dollars and/or imprisonment for not more than six months.
Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.1. Definitions

PART II-C. END STAGE RENAL DISEASE FACILITIES
§2117. 1. Definitions
As used in this Part, the following definitions shall apply unless the content clearly states otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "Dialysis" means a process by which dissolved substances are removed from an individual's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane.
(3) "End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.
(4) "End stage renal disease facility" or "ESRD facility" means a facility that provides dialysis treatment or dialysis training to individuals diagnosed with end stage renal disease. For purposes of this Part, "end stage renal disease facility" does not include the following:
(a) A facility which provides only transplantation services.
(b) End stage renal disease facilities maintained by the state at any of its penal and correctional institutions, provided that nothing herein contained shall prevent a penal or correctional institution from applying for licensure of its end stage renal disease facilities.
(5) "Transplantation services" means a process by which a kidney is excised from a live or cadaveric donor and is implanted in an end stage renal disease patient, and supportive care is furnished to the living donor and to the recipient following implantation.
Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2004, No. 190, §1, eff. June 10, 2004.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.2. Licenses; application and fee; survey; provisional

RS 40:2117.2 - Licenses; application and fee; survey; provisional
A. After July 15, 2000, no person or entity shall open, operate, manage, or maintain an ESRD facility without a valid current license issued by the department.
B. An application for an initial license shall be made to the department on forms provided by the department, shall contain such information as the department requires, and shall be accompanied by a license fee as provided in R.S. 40:2006(A)(1).
C. After the completion of the application process, the department shall conduct an on-site survey of the ESRD facility. Upon determination that the ESRD facility is in compliance with the minimum requirements for licensure and all applicable state and local laws and regulations, and the minimum standards, rules, and regulations as promulgated by the department are met, the department shall issue the ESRD facility a license.
D. The department may issue a provisional license to an ESRD facility for a period not to exceed six months when the facility fails to fully comply with all applicable rules, regulations, or minimum standards established by the department. The failure to comply with such applicable regulations, rules, or minimum standards must be cited at the time the provisional license is issued.
Acts 1999, No. 650, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.3. Term of license; renewal fee; display; transfer

RS 40:2117.3 - Term of license; renewal fee; display; transfer
A. A license shall be for a term of one year and shall expire on the date shown on the license, unless otherwise revoked, and shall be renewed annually.
B. All applications for renewal shall be accompanied by a renewal fee. Such renewal fee shall be in an amount as provided in R.S. 40:2006(A)(1).
C. The license shall be displayed in a conspicuous place inside the ESRD facility at all times.
D. A license shall be valid only in the hands of the person or entity to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a license be valid for any premises other than those for which it is issued.
Acts 1999, No. 650, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.4. Minimum standards, rules, and regulations

RS 40:2117.4 - Minimum standards, rules, and regulations
The department shall promulgate minimum standards, rules, and regulations governing end stage renal disease facilities in accordance with the Administrative Procedure Act, including but not limited to standards, requirements, policies, and procedures for the following:
(1) Maintenance of the quality of care and of the health, safety, and well-being of patients, including but not limited to:
(a) Patient rights.
(b) Provision and coordination of treatment and services.
(c) Referrals for appropriate services.
(d) Quality care requirements as determined by current acceptable standards of practice.
(2) Operational capability and compliance, including but not limited to the following:
(a) Data and information management.
(b) Written policy and procedure.
(c) Current standards of administration practice.
(3) Qualifications and responsibilities of facility personnel.
(4) Applications for initial and renewal licenses.
(5) On-site surveys for licensure.
(6) Monitoring of facilities.
(7) Denial, nonrenewal, and revocation of licenses, and administrative appeals therefrom.
(8) Civil fines for violations and administrative appeals therefrom.
(9) Requirements for physical plant design and space and other procedures related to dialysis.
Acts 1999, No. 650, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.5. Denial, nonrenewal, or revocation of license; grounds; notification; appeal

RS 40:2117.5 - Denial, nonrenewal, or revocation of license; grounds; notification; appeal
A. An application for a license or for a renewal thereof may be denied, or a license or provisional license may be revoked, for any of the following reasons:
(1) Violation of any provision of this Part or of the minimum standards, rules, or regulations promulgated thereunder by the department.
(2) Conviction or entry of a plea of nolo contendere of the applicant for a felony. If the applicant is an agency, the head of that agency must be free of such conviction. If a subordinate employee is so convicted, the matter must be handled administratively to the satisfaction of the department.
(3) Documented information of past or present conduct or practices of facility personnel which are detrimental to the welfare of the facility's patients, including but not limited to illegal activities, coercion, or falsification of records.
(4) Cruelty or indifference to the welfare of the facility's patients.
(5) Misappropriation or conversion of the property of the facility's patients.
(6) Permitting, aiding, or abetting the unlawful, illicit, or unauthorized use, sale, or distribution of drugs or alcohol on or near the premises of the facility.
B. The department shall furnish an applicant or licensee with written notification of any action taken pursuant to Subsection A of this Section and of the reasons for which the action was taken.
C. An applicant or licensee aggrieved by any action taken by the department pursuant to Subsection A of this Section may appeal such action suspensively by sending a written request for a hearing to the secretary of the department. The request for a hearing shall be received by the secretary within fifteen days exclusive of legal holidays after the applicant or licensee receives the written notice of the department's action and shall specify in detail the reasons for the request. If the department determines that the health or safety of the patients served at the facility is in jeopardy, a license may be revoked immediately with appeal rights granted after the facility ceases operation and the patients are removed from the facility.
D. The administrative appeal hearing shall be conducted in accordance with the Administrative Procedure Act.
Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.6. Right of inspection by department; records; reports

RS 40:2117.6 - Right of inspection by department; records; reports
A. Every ESRD facility shall be open at all reasonable times to inspection by the department.
B. Every licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department.
Acts 1999, No. 650, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2117.7. Civil fines for violations; appeals

RS 40:2117.7 - Civil fines for violations; appeals
Civil fines for violations by applicants and licensees shall be assessed and collected by the department, and administrative appeals with respect to such fines shall be available, in accordance with R.S. 40:2199.
Acts 1999, No. 650, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2118. Fluoroscopy procedures in a hospital setting

RS 40:2118 - Fluoroscopy procedures in a hospital setting
With regard to the protection of the public health, in a hospital setting, fluoroscopy procedures may be conducted by a radiologist licensed in the state or by a radiology technician licensed in the state and who is under the direct supervision of a radiologist or other physician.
Acts 2003, No. 1226, §1, eff. Sept. 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.1. Purpose

RS 40:2120.1 - Purpose
The purpose of this Part is to further provide for the operation and maintenance of home- and community-based services for elderly persons and people with disabilities or mental illness.
Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.3. Licensure of home- and community-based service providers

RS 40:2120.3 - Licensure of home- and community-based service providers
A. No home- and community-based service provider may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department.
B. A license issued to a home- and community-based service provider shall be valid for only one geographic location, and shall be issued only for the person and premises named in the license application.
C. A license issued under this Part shall be valid for one year from the date of issuance, unless revoked prior to that date.
D. A license issued under this Part shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.
E. A license issued under this Part shall be on a form prescribed by the department.
F. A license issued under this Part shall not be transferrable or assignable.
G. A license issued to a home- and community-based service provider shall be posted in a conspicuous place on the licensed premises and shall list the types of home- and community-based services that the provider is licensed to provide.
H. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2009, No. 96, §1, eff. June 18, 2009.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.5. License issuance; application; onsite inspection

RS 40:2120.5 - License issuance; application; onsite inspection
A. Each application for licensure of a home- and community-based service provider shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.
B. Each application for licensure and application for renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the licensing agency in accordance with R.S. 40:2120.4.
C.(1) Following receipt of the completed application and licensing fee, the licensing agency shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the licensing agency finds that the facility or provider meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.
(2) The licensing agency shall work to ensure that surveys are coordinated to the greatest extent possible with other state regulatory agencies in order to reduce duplication of effort on the part of the state, as well as the regulated provider. This provision shall not apply to complaint investigations.
D. As a condition for a renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and containing such information as required by the agency; additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the licensing agency shall determine if the facility or provider continues to meet the requirements established pursuant to this Part and the licensing standards adopted pursuant to this Part. The licensing agency may perform an onsite survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established pursuant to this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year.
E. The licensing agency may perform an onsite inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.
Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.6. Operation without license; penalty

RS 40:2120.6 - Operation without license; penalty
A. A home- and community-based service provider shall not operate without a license issued by the licensing agency, regardless of provider payor source. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.
B. If a home- and community-based service provider is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.7. Fees on home- and community-based service providers; disposition of fees

RS 40:2120.7 - Fees on home- and community-based service providers; disposition of fees
A.(1) The department is hereby authorized to adopt and impose fees for home- and community-based services on every home- and community-based service provider and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the service subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such agency or program.
(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third-party reimbursements and shall be included in the establishment of reimbursement rates.
(3) All fees collected pursuant to this Section shall be paid into the state treasury and after compliance with Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be deposited into the state general fund.
(4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that home- and community-based service providers may be considered a "class of providers" for the purposes of 42 CFR 433.56.
B.(1) The department is hereby authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed pursuant to this Section, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees collected pursuant to this Section, which is received by any department or agency of the state pursuant to this Part, shall be held confidential.
(2) The department is authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized pursuant to this Section. The department is authorized to collect the fees permitted pursuant to this Section by withholding all or part of a provider's regular Medicaid remittance.
C. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized pursuant to this Section.
Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.13. Definitions

RS 40:2120.13 - Definitions
As used in this Part, the following terms have the meanings ascribed to them in this Section:
(1) "Certified nurse aide" means an individual who has completed a Nurse Aide Training and Competency Evaluation Program approved by the state as meeting the requirements of 42 CFR 483.151 and 483.154 or has been determined competent as provided in 42 CFR 483.150(a) and (b) and is listed as certified and in good standing on the state's Certified Nurse Aide Registry.
(2) "Department" means the Louisiana Department of Health or any office or agency thereof designated by the secretary of the department to administer the provisions of this Part.
(3) "Healthcare facility" means any person, partnership, corporation, unincorporated association, or other legal entity licensed pursuant to R.S. 40:2006(A)(2) and operating or planning to operate within the state.
(4) "Licensee" means any nursing agency properly licensed in accordance with this Part.
(5) "Nurse" means a registered nurse as defined in R.S. 37:913 or a licensed practical nurse as defined in R.S. 37:961.
(6) "Nurse staffing agency" means any person, partnership, corporation, unincorporated association, or other legal entity that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. However, for purposes of this Part, "nurse staffing agency" does not include the following:
(a) A nurse staffing agency that solely provides services in Louisiana under a contract or other agreement with the state of Louisiana, or any executive branch department or agency thereof, as a result of a declared disaster, emergency, or public health emergency.
(b) The federal or state government department or agency that provides nursing staff or certified nurse aides to any health care provider setting, evacuation site, or shelter location as a result of a declared disaster, emergency, or public health emergency.
(7) "Secretary" means the secretary of the Louisiana Department of Health or his designee.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.14. Licensure required

RS 40:2120.14 - Licensure required
The department shall license nurse staffing agencies in accordance with this Part. No person, partnership, corporation, unincorporated association, or other legal entity may establish, operate, maintain, or advertise as a nurse staffing agency in this state unless the person, partnership, corporation, unincorporated association, or other legal entity is licensed by the department in accordance with this Part.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.15. Application for licensure; fees

RS 40:2120.15 - Application for licensure; fees
A. An application to operate a nurse staffing agency shall be made to the department on forms provided by the department. A separate license shall be obtained for each location from which a nurse staffing agency is operated unless the nurse staffing agency is owned and managed by the same entity, person, or persons.
B. The application shall contain all of the following information:
(1) The name and address of the person, partnership, corporation, unincorporated association, or other legal entity that is the applicant.
(2) If the applicant is a corporation, a copy of its articles of incorporation, a copy of its current bylaws, and the names and addresses of its officers, directors, and shareholders owning more than five percent of the corporation's stock.
(3) The names and addresses of the person or persons under whose management or supervision the nurse staffing agency will be operated.
(4) A statement of financial solvency.
(5) A statement detailing the experience and qualifications of the applicant to operate a nurse staffing agency.
(6) Evidence of compliance with the Louisiana Workers' Compensation Law, R.S. 23:1020.1 et seq., with a minimum coverage in the amount of one million dollars.
(7) Evidence of professional liability insurance in an amount sufficient to provide coverage in accordance with the total amount recoverable for all malpractice claims as indicated in R.S. 40:1231.2.
(8) Any other relevant information the department determines is necessary to properly evaluate the applicant and application as required by the department by rule.
C. Any person, partnership, corporation, unincorporated association, or other legal entity operating or planning to operate a nurse staffing agency shall be assessed a nonrefundable fee of twelve hundred dollars, payable to the department, at the time an initial licensing application is made to the department and shall be assessed a nonrefundable fee of twelve hundred dollars biennially thereafter for renewal of the license. Any person, partnership, corporation, unincorporated association, or other legal entity shall be assessed a delinquent fee of one hundred dollars for failure to timely renew its license; the delinquent fee shall be assessed and shall become due and payable to the department at 12:01 a.m. on the first day following the expiration date of the license. These licensing fees are for the initial application and renewal of a license only and are in addition to any other fees that may be assessed according to the laws, rules, regulations, and standards that are applicable to a nurse staffing agency.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.16. Issuance of a license

RS 40:2120.16 - Issuance of a license
Upon receipt and after review of an application for a license in accordance with this Part, the secretary shall issue a license if it is determined that the applicant is qualified to operate a nurse staffing agency based upon demonstrated compliance with this Part. A license issued by the department in accordance with this Section shall remain effective for a period of two years unless the license is revoked or suspended pursuant to this Part. When a nurse staffing agency is sold or ownership is transferred, the transferee shall notify the department and apply for a new license at least forty-five days prior to the transfer. The transferor shall remain responsible for the operation of the agency until such time as a license is issued to the transferee.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.17. Renewal of a license

RS 40:2120.17 - Renewal of a license
At least thirty days prior to license expiration, the licensee shall submit an application which meets the requirements of this Part for renewal of the license. If the application is approved, the license shall be renewed for an additional two-year period.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.18. Grounds for denial of a license

RS 40:2120.18 - Grounds for denial of a license
An application for a license may be denied for any of the following reasons:
(1) Failure to comply with the minimum standards set forth by this Part as well as any licensing regulations promulgated by the department.
(2) Conviction of the applicant of a felony offense.
(3) Insufficient financial or other resources to operate the nurse staffing agency in accordance with the requirements of this Part and the minimum standards, rules, and regulations promulgated in this Part.
(4) Failure to establish appropriate personnel policies and procedures for selecting nurses and certified nurse aides for employment, assignment, or referral.
(5) Failure to perform criminal history checks as required by R.S. 40:1203.1 et seq.
(6) Failure to report hours worked by certified nurse aides to the Certified Nurse Aide Registry.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.19. Suspension, revocation, or refusal to issue or renew a license

RS 40:2120.19 - Suspension, revocation, or refusal to issue or renew a license
The department may, after appropriate notice and hearing, suspend, revoke, or refuse to issue or renew any license if the licensee or applicant fails to comply with this Part or the rules and regulations promulgated by the department in accordance with this Part.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.21. Investigations; inspections; orders; civil penalties

RS 40:2120.21 - Investigations; inspections; orders; civil penalties
A. The department may at any time, upon receiving a complaint from any interested person regarding allegations that a nurse staffing agency is operating without a valid license issued by the department, investigate any entity, person, or persons.
B. The department may examine the premises of any nurse staffing agency and may examine and inspect books, payrolls, records, papers, documents, and other evidence in any survey or investigation. The nurse staffing agency shall cooperate in any survey or investigation conducted by the department. Failure to cooperate or produce any documentation for inspection or survey may result in action up to and including license revocation.
C. The department shall assess a nurse staffing agency a survey or investigation fee, not to exceed one thousand dollars, for any complaint survey or investigation conducted by the department at which deficiencies are substantiated. This survey or inspection fee shall be imposed by the department only after the nurse staffing agency has completed the administrative process which has upheld the deficiencies or the time for filing any administrative appeal has expired. The survey or investigation fee shall not exceed the cost of performing the survey. This fee shall be in addition to any other sanctions.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.22. Operation without a license; penalty

RS 40:2120.22 - Operation without a license; penalty
A. A nurse staffing agency shall not operate without a license issued by the department. Any person, partnership, corporation, unincorporated association, or other legal entity operating such an agency without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to ensure enforcement.
B. If a person, partnership, corporation, unincorporated association, or other legal entity is operating a nurse staffing agency without a license issued by the department, the department may have the authority to issue an immediate cease and desist order to that person, partnership, corporation, unincorporated association, or other legal entity. Any such agency receiving a cease and desist order from the department shall immediately cease operations until such time that the agency is issued a license by the department.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any person, partnership, corporation, unincorporated association, or other legal entity operating an agency that receives a cease and desist order from the department in accordance with Subsection B of this Section and that does not cease operations immediately. Any such person, partnership, corporation, unincorporated association, or other legal entity operating an agency against which an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.23. Implementation

RS 40:2120.23 - Implementation
A. No nurse staffing agency shall be required to obtain a license in accordance with this Part until the initial rules, regulations, and licensing standards are promulgated by the department in accordance with the Administrative Procedure Act.
B. Each person, partnership, corporation, unincorporated association, or other legal entity operating an agency that meets the definition of nurse staffing agency as defined in this Part shall submit an initial licensing application and fee to the department within ninety days of the promulgation of the initial rules, regulations, and licensing standards. If the person, partnership, corporation, unincorporated association, or other legal entity is not licensed within one hundred eighty days after submission of its initial licensing application and fee, the person, partnership, corporation, unincorporated association, or other legal entity shall cease operations until such time as the person, partnership, corporation, unincorporated association, or other legal entity is licensed as a nurse staffing agency by the department.
Acts 2022, No. 577, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.32. Legislative intent; declaration of purpose and policy

RS 40:2120.32 - Legislative intent; declaration of purpose and policy
A. It is the intent of the legislature to protect the health, safety, and well-being of the citizens of the state who suffer from brain injuries and are receiving care in an adult brain injury facility. In instances in which a brain injury occurs, the functions of the neurons, nerve tracts, or sections of the brain can be affected. If the neurons and nerve tracts are affected, they can be unable to or have difficulty carrying the messages that tell the brain what to do thereby changing the way a person thinks, acts, feels, and moves their body. Brain injury can also temporarily or permanently change the complex internal functions of the body, such as regulating body temperature, bladder control, or blood pressure. Brain injury often causes major stresses in peer and family relationships as well as educational and employment settings, and may result in mild, moderate, or severe impairments in cognition, physical functioning, and psychosocial behavior. Unique care is necessary to rehabilitate and provide for the needs of these individuals in order for them to achieve their fullest capacity. Toward that end, it is the purpose of this Part to provide for uniform statewide minimum standards for the safety and well-being of those suffering from brain injury in such facilities, to ensure the maintenance of these standards, and to regulate conditions in these facilities through a program of licensing.
B. It shall be the policy of the state to ensure protection of all individuals receiving care in adult brain injury facilities and to encourage and assist in the improvements of programs. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Part shall not give the Louisiana Department of Health jurisdiction or authority to regulate, control, supervise, or in any way be involved in the form, manner, or content of any religious curriculum or instruction of a facility sponsored by a church or religious organization so long as the civil and human rights of the individuals are not violated.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.34. Licensing; applications; provisional licenses; fees

RS 40:2120.34 - Licensing; applications; provisional licenses; fees
A. All adult brain injury facilities, including facilities or agencies owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed.
B. Application for license shall be to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided for in the published regulations of the department.
C. The department may provide by rule for the issuance of provisional licenses. A provisional license may be issued to an existing facility when the facility is not in full compliance with regulations, codes, or standards except in cases where the failure to comply is detrimental to the health or safety of the clients.
D. A license shall apply only to the location stated on the application, and such license, once issued, shall not be transferable from one place to another or from one person to another. If the location or owner of the facility is changed, the license shall be automatically revoked. A new application form shall be completed prior to all license renewals.
E. The licensee shall display the license in a prominent place at the facility or agency.
F. There shall be an annual license fee to be set by the department not to exceed two hundred fifty dollars for any license issued in accordance with the provisions of this Part. Monies collected for annual fees shall be used for the investigation and enforcement of the provisions of this Part.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.35. Rules, regulations, and standards for licenses

RS 40:2120.35 - Rules, regulations, and standards for licenses
A. The department shall promulgate rules and regulations to carry out the provisions of this Part in accordance with the provisions of the Administrative Procedure Act.
B. The department shall promulgate minimum standards for adult brain injury facilities as defined in this Part which, at a minimum, shall:
(1) Promote the health, safety, and welfare of clients of adult brain injury facilities.
(2) Promote safe, comfortable, and proper physical facilities which, at a minimum, comply with applicable provisions of the Life Safety Code and the Louisiana Sanitary Code.
(3) Ensure adequate supervision of the clients.
(4) Include requirements for all personnel and employees of the facility.
(5) Prohibit discrimination by brain injury facilities on the basis of race, color, creed, sex, disability, as defined in R.S. 51:2232, national origin, or ancestry.
(6) Include procedures for survey and complaint investigations.
(7) Require the licensee to make adequate provisions for clients in its care in the event of an emergency or natural disaster as provided in the licensee's approved emergency and evacuation plan.
(8) Administer a medication management program that includes:
(a) A current medication list to be provided by the prescribing physician(s) on or before admission.
(b) An initial assessment by the primary physician or nursing director in accordance with the client's needs including a review of the client's current medication list.
(c) Identification of the level of assistance the client needs. Assistance with oral medication, inhalant medication, topical applications, suppository medication, eye and ear drops, prescription and non-prescription medication in accordance with the client's medical needs and orders of an authorized prescriber, shall be limited to the following:
(i) Reminding the client to take his medication.
(ii) Informing the client of the medication regimen, as indicated on the container, which may be read to the client and the dosage of the medication, according to the container label, may be checked by staff.
(iii) Physically assisting the client in pouring or handing out medications, including having a staff member open the medicine container.
(d) Formulation of a treatment plan for the client.
(e) Implementation of the treatment plan.
(f) Periodic review and revision of the treatment plan.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.36. Inspections

RS 40:2120.36 - Inspections
The department, through its duly authorized agents, shall inspect at regular intervals as may be deemed necessary by the department, and without previous notice all adult brain injury facilities, subject to the provisions of this Part. The department shall also develop and facilitate coordination with other authorized local, state, and federal agencies making inspections of such facilities.
Acts 2005, No. 245, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2120.37. Complaints

RS 40:2120.37 - Complaints
A. The department, through its duly authorized agents, shall investigate all complaints against any adult brain injury facility as defined in this Part. The department may take such action as is authorized by R.S. 40:2120.38 through 2120.40.
B. The department shall receive, record, and dispose of complaints in accordance with R.S. 40:2009.13 et seq.
Acts 2005, No. 245, §1, eff. June 29, 2005.