reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 76 - Medicare Rural Hospital Flexibility Program (MRHF) › Subchapter A - Critical Access Hospitals › Section I-7613 - Program Monitoring and Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Ongoing monitoring and evaluation of the
					 program will be conducted by the Quality Management Section of the BPCRH.
1. Strengths and weaknesses of the program
					 and state policy affecting CAHs will be assessed, with the goal of identifying
					 problem areas and developing solutions.
2. Results will be reported to the BPCRH
					 Director who will assign program staff to work with other state agencies and
					 interested parties to determine the necessity of changes and updates to the
					 Plan and state policy.
3. All Plan
					 changes will be forwarded to HCFA for review and approval.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7701 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. No nurse
					 staffing agency (NSA) shall be required to obtain a license in accordance with
					 these rules until the initial Rules, regulations, and licensing standards are
					 promulgated by the department in accordance with the Administrative Procedure
					 Act.
B. Any person, partnership,
					 corporation, unincorporated association, or other legal entity operating an
					 agency that meets the definition of an NSA shall submit an initial licensing
					 application and fee to the department within 90 days of the promulgation of the
					 initial rules, regulations, and licensing standards.
1. If the person, partnership, corporation,
					 unincorporated association, or other legal entity is not licensed within 180
					 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 an NSA by the
					 department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7705 - Licensure Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All NSA
					 providers shall be licensed by the LDH. It shall be unlawful to operate as an
					 NSA without possessing a current, valid license issued by the department. The
					 LDH is the only licensing authority for NSAs in Louisiana.
B. An NSA license shall:
1. be issued only to the entity, person, or
					 persons named in the license application;
2. be obtained for each location from which
					 an NSA is operated unless the NSA is owned and managed by the same entity,
					 person, or persons;
3. be valid for
					 two years from the date of issuance, unless revoked prior to that date, or
					 unless a provisional license is issued;
4. expire on the last day of the
					 twenty-fourth month after the date of issuance, unless timely renewed by the
					 NSA;
5. not be subject to sale,
					 assignment, donation, or other transfer, whether voluntary or involuntary;
					 and
6. be posted in a conspicuous
					 place on the licensed premises at all times.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7709 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
					 initial license being issued to the NSA, an initial licensing survey shall be
					 conducted to ensure compliance with the NSA licensing laws and standards.
					 Except for existing NSAs who timely apply for a license under
					 §7701 of this
					 Chapter, no NSA services shall be provided by the NSA until the initial
					 licensing survey has been performed, the NSA has been found in compliance, and
					 the initial license has been issued to the NSA by the department. An existing
					 NSA that timely applies for a license must receive a license within 180 days in
					 order to continue to provide services.
B. In the event that the initial licensing
					 survey finds that the NSA is compliant with all licensing laws, regulations,
					 and any other required statutes, laws, ordinances, rules, regulations, and
					 non-refundable fees, the department shall issue a full license to the provider.
					 The license shall be valid until the expiration date shown on the license,
					 unless the license is revoked.
C.
					 In the event that the initial licensing survey finds that the NSA is
					 noncompliant with any licensing laws, regulations, or any other required
					 statutes, laws, ordinances, rules or regulations that present a potential
					 threat to the health, safety, or welfare of an individual or individuals
					 receiving services, the department shall deny the initial license.
D. In the event that the initial licensing
					 survey finds that the NSA is deficient or noncompliant with any licensing laws,
					 regulations, or any other required statutes, laws, ordinances, rules or
					 regulations, but the department in its sole discretion determines that the
					 deficiency or noncompliance does not present a threat to the health, safety, or
					 welfare of an individual or individuals receiving services, the department may
					 issue a provisional initial license for a period not to exceed six months.
1. The provider shall submit an acceptable
					 plan of correction to the department for approval, and the NSA shall be
					 required to correct all such deficiencies or noncompliance(s) prior to the
					 expiration of the provisional license.
a. If
					 all such deficiencies or noncompliance(s) are corrected on the follow-up
					 survey, a full license will be issued.
b. If all such deficiencies or
					 noncompliance(s) are not corrected on the follow-up survey, or new deficiencies
					 or noncompliance(s) affecting the health, safety, or welfare of an individual
					 or individuals receiving services is cited, the provisional license shall
					 expire and the provider shall be required to begin the initial licensing
					 process again by submitting a new initial license application packet and the
					 appropriate non-refundable licensing fee.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7713 - Changes in Licensee Information, Location, or Key Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any change
					 regarding the NSA's entity name, doing business as name, geographic address,
					 mailing address, telephone number, or any combination thereof, shall be
					 reported in writing to the HSS within five working days of the
					 change.
B. Any change regarding the
					 NSA's key administrative personnel or registered agent shall be reported in
					 writing to the HSS within 10 working days subsequent to the change.
1. The NSA's notice to the department shall
					 include the individual's:
a. name;
b. address;
c. telephone number;
d. facsimile (fax) number, if
					 applicable;
e. electronic mail
					 address;
f. hire date;
					 and
g. qualifications, if
					 applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7717 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The NSA
					 shall submit a completed license renewal application packet to the department
					 at least 30 days prior to the expiration of the current license. The completed
					 license renewal application packet shall include:
1. a completed NSA license renewal
					 application and the appropriate non-refundable license renewal/delinquent fee
					 as established by statute. The license application shall contain the name and
					 address of the person, partnership, corporation, unincorporated association, or
					 other legal entity that is the applicant(s), and the name and address of the
					 registered agent;
2. a statement of
					 financial solvency, comprised of the following:
a. a line of credit issued from a federally
					 insured, licensed lending institution in the amount of at least $25,000 that
					 is:
i. current and in effect at the time of
					 submission of the application for licensure; and
ii. issued to and in the name of the
					 applicant shown on the application for licensure;
b. general and 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, or current law; and
c. worker's compensation insurance that is in
					 compliance with the Louisiana Workers' Compensation Law,
					 R.S.
					 23:1020.1 et seq., or current law, with a
					 minimum coverage in the amount of $1,000,000 that is current and in effect at
					 the time of submission of the license application;
3. proof that the LDH, HSS is specifically
					 identified as the certificate holder on any policies and any certificates of
					 insurance issued as proof of insurance by the insurer or producer (agent);
					 and
4. any other relevant
					 documentation or information required by the department for
					 licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7719 - Denial of Initial Licensure, Revocation of License, Denial of License Renewal, Operation without License and Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Denial of an Initial License
1. The
					 department may, after appropriate notice and hearing, deny issuance of an NSA
					 license if the licensee or applicant fails to comply with any licensing laws or
					 regulations, or any other required statutes or regulations that present a
					 potential threat to the health, safety, or welfare of an individual or
					 individuals receiving services.
2.
					 The department may deny an initial license for any of the reasons stated in
					 Subsection C of this Section for which a license may be revoked or a license
					 renewal denied.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7721 - Notice and Appeal of Initial License Denial, License Revocation and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of an
					 initial license denial, license revocation, or denial of license renewal shall
					 be given to the provider in writing.
B. The NSA has a right to an administrative
					 reconsideration of the initial license denial, license revocation, or denial of
					 license renewal. There is no right to an administrative reconsideration of a
					 voluntary non-renewal or surrender of a license by the NSA.
1. The NSA shall request the administrative
					 reconsideration within 15 calendar days of the receipt of the notice of the
					 initial license denial, license revocation, or denial of license renewal. The
					 request for administrative reconsideration shall be in writing and received by
					 the department within 15 days from the NSA's receipt of the notice letter from
					 the department.
2. The request for
					 administrative reconsideration shall include any documentation that
					 demonstrates that the determination was made in error.
3. If a timely request for an administrative
					 reconsideration is received by HSS, an administrative reconsideration shall be
					 scheduled and the NSA will receive written notification of the date of the
					 administrative reconsideration.
4.
					 The NSA shall have the right to appear in person at the administrative
					 reconsideration and may be represented by counsel.
5. Correction of a deficiency or
					 noncompliance which is the basis for the initial license denial, revocation or
					 denial of license renewal shall not be a basis for administrative
					 reconsideration.
6. The
					 administrative reconsideration process is not in lieu of the administrative
					 appeals process.
7. The NSA will be
					 notified in writing of the results of the administrative
					 reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7723 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license
					 shall be immediately null and void if a NSA becomes non-operational.
B. A cessation of business is deemed to be
					 effective the date on which the NSA ceased offering or providing NSA services
					 and/or is considered non-operational in accordance with
					 §7705.C 2
C. Upon the cessation of business, the NSA
					 shall immediately return the original license to the department, and shall meet
					 the requirements of
					 §7753 C
D. Cessation of business is deemed to be a
					 voluntary action on the part of the NSA. The NSA does not have a right to
					 appeal a cessation of business.
E.
					 If a NSA fails to follow these procedures, the owner(s),
					 administrator/director, and officer(s) may be prohibited from opening,
					 managing, directing, operating, or owning a NSA for a period of two
					 years.
F. Once any NSA has ceased
					 doing business, the NSA shall not provide services until the NSA has obtained a
					 new initial NSA license.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						36:254.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7725 - Survey Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department, or its designee, may conduct periodic licensing surveys, complaint
					 surveys, and other surveys as deemed necessary to ensure compliance with all
					 laws, rules and regulations governing NSA and to ensure the health, safety and
					 welfare of an individual or individuals receiving services from employees or
					 contracted staff of the NSA. These surveys shall be unannounced.
1. The department, or its designee, upon
					 receiving a complaint from any interested person regarding allegations that a
					 NSA is operating without a valid license issued by the department, may
					 investigate any entity, person or persons.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter A - General Provisions › Section I-7727 - Statement of Deficiencies/Noncompliance(s)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following statements of deficiencies
					 or noncompliance(s) issued by the department to the NSA shall be posted in a
					 conspicuous place on the licensed premises:
1.
					 the most recent biennial survey statement of deficiencies or noncompliance(s);
					 and
2. any complaint survey
					 statement of deficiencies or noncompliance(s).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter B - Administration and Organization › Section I-7735 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. An NSA shall
					 have an identifiable governing body with responsibility for and authority over
					 the policies and activities of the agency.
1.
					 An NSA shall have documents identifying all members and officers of the
					 governing body, their addresses, and their terms of membership.
2. The governing body shall hold formal
					 meetings at least twice a year.
3.
					 There shall be written minutes of all formal meetings of the governing body and
					 by-laws specifying frequency of meetings and quorum requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter B - Administration and Organization › Section I-7737 - Policy and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The NSA
					 shall develop, implement, and comply with NSA-specific written policies and
					 procedures, approved by the owner(s) or governing body, related to compliance
					 with this Chapter, including but not limited to the following policies and
					 procedures:
1. confidentiality and security of
					 files;
2. publicity and
					 marketing;
3. prohibition of
					 illegal or coercive inducement, solicitation and/or kickbacks;
4. personnel policies;
5. employee or contracted staff grievance
					 policy;
6. incidents and accidents,
					 including medical emergencies;
7.
					 records maintenance and retention;
8. compliance with memoranda issued by the
					 department and applicable to NSAs;
9. a plan for recruitment, screening,
					 personal interview, reference check, orientation, ongoing training,
					 development, supervision, and at least annual performance evaluation of staff
					 members;
10. written job
					 descriptions for each employee or contracted staff position;
11. abuse reporting procedures that require
					 all employees or contracted staff, to report any and all incidents of abuse or
					 mistreatment of an individual or individuals receiving services from employees
					 or contracted staff referred to a licensed healthcare facility by the NSA,
					 whether that abuse or mistreatment or is done by another staff member, a family
					 member, patient(s), client(s), or other person(s) when the staff person
					 witnesses or becomes aware of such incident. Abuse reporting procedures shall
					 be in accordance with
					 R.S.
					 40:2199.11 et seq., or current applicable
					 law;
12. a written policy to
					 prevent discrimination in accordance with
					 R.S.
					 40:2199.11 et seq., or current law;
13. a written policy to ensure that there is
					 a final disposition of all charges that appear on the employee or contracted
					 staff person's criminal background check, including the sex offender registry
					 in accordance current law; and
14.
					 a written policy to address prohibited use of social media. The policy shall
					 ensure that all employees or contracted staff, receive training relative to the
					 restricted use of social media and include, at a minimum ensuring preservation
					 of dignity, respect, and confidentiality of an individual or individuals'
					 receipt of healthcare services, and protection of an individual or individuals
					 receiving healthcare services' privacy and personal and property
					 rights.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter B - Administration and Organization › Section I-7739 - Business Location

Current through Register Vol. 50, No. 6, June 20, 2024
A. The NSA
					 shall operate independently from any other business or entity, and shall not
					 operate office space with any other business or entity.
B. The business location shall:
1. have a telephone number which is available
					 and accessible 24 hours a day, 7 days a week, including holidays;
2. report to the HSS within five business
					 days, any planned deviation of the NSA's days and hours of operation;
3. report to the HSS within two business
					 days, any unplanned deviation of NSA's days and hours of operation;
4. have internet access and a working
					 electronic mail address;
a. the electronic
					 mail address shall be provided to the department as well as any changes to the
					 electronic mail address within five working days to ensure that the department
					 has current contact information; and
b. the electronic mail address shall be
					 monitored by the NSA on an ongoing basis to receive communication from the
					 department; and
5. have
					 space for storage of personnel records either electronically or in paper form
					 or both in an area that is secure, safe from hazards, and does not breach
					 confidentiality.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter C - Provider Responsibilities › Section I-7751 - Core Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each NSA
					 shall ensure that its employees or contracted staff meet the minimum licensing,
					 training, and orientation standards for which those employees or contracted
					 staff are licensed or certified.
B.
					 Each NSA shall have a nurse serving as a manager or supervisor of all nurses
					 and certified nurse aides.
C. The
					 NSA shall not employ, assign, or refer for use in a healthcare facility in
					 Louisiana, a nurse or CNA unless the nurse or CNA is certified or licensed in
					 accordance with the applicable provision of state and federal laws or
					 regulations, and meets the minimum mandatory qualifications and requirements
					 for CNAs. Each nurse and CNA shall comply with all pertinent regulations of the
					 department relating to the health and other qualifications of employees or
					 contracted staff employed in healthcare facilities.
D. Administrator/Director Responsibilities.
					 The administrator/director shall:
1. be a
					 full time employee of the NSA provider and shall not be a contract
					 employee;
2. be available in person
					 or by telecommunication at all times for all aspects of agency operation or
					 designate in writing an individual to assume the authority and control of the
					 agency if the administrator/director is temporarily unavailable;
3. be responsible for the day-to-day
					 management and supervision of the operations of the agency;
4. be responsible for compliance with all
					 regulations, laws, policies, and procedures applicable to NSAs;
5. employ qualified employees or contracted
					 staff and ensure adequate staff education;
6. ensure the accuracy of public information
					 and materials;
7. act as liaison
					 between employees or contracted staff, and the governing body;
8. implement an ongoing, accurate, and
					 effective budgeting and accounting system;
9. ensure that all employees or contracted
					 staff receive proper orientation and training on policies and procedures, as
					 required by law or as necessary to fulfill each employee or contracted staff
					 person's responsibilities; and
10.
					 not serve as administrator for more than one licensed NSA.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 77 - Nursing Staffing Agencies Licensing Standards › Subchapter C - Provider Responsibilities › Section I-7753 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administrative Records. The NSA shall have an administrative record that
					 includes:
1. a list of members and officers of
					 the governing body, along with their addresses and terms of
					 membership;
2. a copy of its
					 articles of incorporation or organization, by-laws, and operating agreements,
					 or partnership documents, if applicable;
3. a copy of the current NSA license issued
					 by HSS;
4. the written policies and
					 procedures approved annually by the owner/governing body that address the
					 requirements listed in Subchapter B of this Chapter;
5. the minutes of formal governing body
					 meetings;
6. the organizational
					 chart of the NSA;
7. all leases,
					 contracts, and purchase of service agreements to which the NSA is a party,
					 which includes all appropriate credentials;
8. insurance policies;
9. annual budgets and audit reports;
					 and
10. copies of incident/accident
					 reports.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter A - General Provisions › Section I-7803 - Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 specified in §7803 B, each clinic shall be 100 percent owned and operated
					 by a physician certified in the subspecialty of pain management by a member
					 board of the American Boards of Medical Specialties.
B. A clinic in operation on or before June
					 15, 2005, is exempt from §7803. A if all of the following requirements are
					 met.
1. The clinic is not owned, either in
					 whole or in part, by independent contract, agreement, partnership, or joint
					 venture with a physician who during the course of his practice has:
a. been denied the privilege of prescribing,
					 dispensing, administering, supplying, or selling any controlled dangerous
					 substance; and
b. had board action
					 taken against his medical license as a result of dependency on drugs or
					 alcohol.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7811 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall
					 be unlawful to operate a clinic without obtaining a license issued by the
					 department. The department is the only licensing agency for pain management
					 clinics in the state of Louisiana. A pain management clinic verified to be
					 operating without a license shall be required to immediately cease and desist
					 operation and discharge all patients.
B. A clinic shall renew its license annually.
					 A renewal application and licensing fee shall be submitted at least 30 days
					 before the expiration of the current license. Failure to submit a complete
					 renewal application shall be deemed to be a voluntary termination and
					 expiration of the facility's license. The license shall be surrendered to the
					 department within 10 days, and the facility shall immediately discharge all
					 patients and cease providing services.
C. A license shall be valid only for the
					 clinic to which it is issued and only for that specific geographic address. A
					 license shall not be subject to sale, assignment, or other transfer, voluntary
					 or involuntary. The license shall be conspicuously posted in the
					 clinic.
D. Any change regarding the
					 clinic's name, geographical or mailing address, phone number, or key
					 administrative staff or any combination thereof, shall be reported in writing
					 to the Health Standards Section within five working days of the change.
1. Any change that requires a change in the
					 license shall be accompanied by the required fee.
2. Any change in geographic location of the
					 clinic requires that the provider requests, and satisfactorily meets the
					 requirements of, the following prior to any patient receiving service at the
					 new location:
a. plan review for life safety
					 code and licensing and inspection report with approvals for occupancy from the
					 Office of the State Fire Marshal (OSFM); and
b. a copy of the health inspection report
					 with a recommendation for licensure or a recommendation for denial of licensure
					 from the Office of Public Health (OPH); and
c. an on-site survey prior to issuance of new
					 license by the department.
3. Exception. Pursuant to
					 R.S.
					 40:2198.12(D)(1)(g), a pain
					 management clinic which is exempted from the requirement of being owned and
					 operated by a physician certified in the subspecialty of pain management may
					 relocate and continue to be exempted from the requirement of being owned and
					 operated by a physician certified in the subspecialty of pain management if the
					 new location is in the same parish in which the original clinic was located.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7813 - Initial Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 An application packet for licensing as a pain management clinic shall be
					 obtained from the Department of Health and Hospitals. A completed application
					 packet for a clinic shall be submitted to and approved by the department prior
					 to an applicant providing services.
B. To be considered complete, the initial
					 licensing application packet shall include the following:
1. the current non-refundable licensing fee
					 pursuant to R. S. 40:2198.13;
2. a
					 copy of the plan review for life safety code and licensing and the on-site
					 inspection report with approvals for occupancy from the OSFM;
3. a copy of the health inspection report
					 with a recommendation for licensure or a recommendation for denial of licensure
					 from the OPH;
4. a zoning approval
					 from local governmental authorities;
5. a statewide criminal background check on
					 all owners conducted by the Louisiana State Police or its designee;
6. verification of the physician owners
					 certification in the subspecialty of pain management;
7. proof of professional liability insurance
					 of at least $500,000;
a. proof of maintenance
					 of professional liability insurance of at least $500,000 shall be provided to
					 the department at the time of initial licensure, at renewal of licensure, and
					 upon request;
8. an
					 organizational chart identifying the name, position, and title of each person
					 composing the governing body and key administrative personnel;
9. a floor sketch or drawing of the premises
					 to be licensed; and
10. any other
					 documentation or information required by the department for
					 licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7815 - Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
					 approval of the initial application by the department, a clinic shall undergo
					 an initial licensing survey to determine that the clinic is in compliance with
					 all licensing regulations. The clinic will receive advance notification of this
					 survey.
1. No patient shall be provided
					 service until the initial licensing survey has been performed and the clinic
					 found to be in compliance.
2. In
					 the event the initial licensing survey finds that a clinic is not in compliance
					 with regulations of this Chapter, the department shall deny the initial
					 license.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7817 - Issuance of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7819 - Initial License Denial, License Revocation or Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7821 - Notice and Appeal Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The department shall furnish the applicant or clinic with written notice of the
					 department's decision to deny a license, revoke a license, or refusal to renew
					 a license.
1. The notice shall specify
					 reasons for the action and shall notify the applicant or clinic of the right to
					 request an administrative reconsideration or to request an appeal. A voluntary
					 termination or expiration of the license is not an adverse action and is not
					 appealable.
2. The clinic shall
					 have the right to file a suspensive appeal from the department's decision to
					 revoke the clinic's license.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7823 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in Section §7825 of these licensing regulations, a license shall
					 be immediately null and void if a pain management clinic becomes
					 non-operational.
B. A cessation of
					 business is deemed to be effective the date on which the pain management clinic
					 stopped offering or providing services to the community.
C. Upon the cessation of business, the pain
					 management clinic shall immediately return the original license to the
					 department.
D. Cessation of
					 business is deemed to be a voluntary action on the part of the pain management
					 clinic. The clinic does not have a right to appeal a cessation of
					 business.
E. The pain management
					 clinic shall notify the department in writing 30 days prior to the effective
					 date of the closure or cessation. In addition to the notice, the provider shall
					 submit a written plan for the disposition of patient medical records for
					 approval by the department. The plan shall include the following:
1. the effective date of the
					 closure;
2. provisions that comply
					 with federal and state laws on storage, maintenance, access, and
					 confidentiality of the closed providers patients medical records;
3. an appointed custodian(s) who shall
					 provide the following:
a. access to records
					 and copies of records to the patient or authorized representative, upon
					 presentation of proper authorization(s); and
b. physical and environmental security that
					 protects the records against fire, water, intrusion, unauthorized access, loss
					 and destruction; and
4.
					 public notice regarding access to records, in the newspaper with the largest
					 circulation in close proximity to the closing clinic, at least 15 days prior to
					 the effective date of closure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter B - Licensing Procedures › Section I-7825 - Inactivation of License due to Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed pain management clinic in an
					 area or areas which have been affected by an executive order or proclamation of
					 emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766 may seek to inactivate its license for
					 a period not to exceed two years, provided that the following conditions are
					 met:
1. the licensed pain management clinic
					 shall submit written notification to the Health Standards Section within 60
					 days of the date of the executive order or proclamation of emergency or
					 disaster that:
a. the pain management clinic
					 has experienced an interruption in the provisions of services as a result of
					 events that are the subject of such executive order or proclamation of
					 emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the licensed pain management clinic
					 intends to resume operation as a pain management clinic in the same service
					 area; and
c. includes an
					 attestation that the emergency or disaster is the sole causal factor in the
					 interruption of the provision of services;
NOTE: Pursuant to these provisions, an extension of the
						60-day deadline may be granted at the discretion of the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter C - Clinic Administration › Section I-7831 - Medical Director

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each clinic
					 shall be under the direction of a medical director who shall be a physician
					 who:
1. possesses a current, unrestricted
					 license from the board to practice medicine in Louisiana;
2. during the course of his practice, has not
					 been denied the privilege of prescribing, dispensing, administering, supplying,
					 or selling any controlled dangerous substance; and
3. during the course of his practice has not
					 had any board action taken against his medical license as a result of
					 dependency on drugs or alcohol.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter C - Clinic Administration › Section I-7833 - Clinic Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 licensed pain management clinic shall establish and implement policies and
					 procedures consistent with all pain management rules and regulations issued by
					 the board.
B. A licensed pain
					 management clinic shall verify the identity of each patient who is seen and
					 treated for chronic pain management and who is prescribed a controlled
					 dangerous substance.
C. A licensed
					 pain management clinic shall establish practice standards to assure quality of
					 care, including but not limited to, requiring that a prescription for a
					 controlled dangerous substance may have a maximum quantity of a 30 day supply
					 and shall not be refillable.
D. On
					 each visit to the clinic which results in a controlled dangerous substance
					 being prescribed to a patient, the patient shall be personally examined by a
					 pain specialist and such shall be documented in the patients clinical
					 record.
E. A pain management clinic
					 shall have enough qualified personnel who are available to provide direct
					 patient care as needed to all patients and to provide administrative and
					 nonclinical services needed to maintain the operation of the clinic in
					 accordance with the provisions of this Chapter.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40.2198.11-13.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter C - Clinic Administration › Section I-7835 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pain
					 management clinic shall be in compliance with all applicable federal, state,
					 and local statutes, laws, rules, regulations, and ordinances.
B. A pain management clinic shall have a
					 governing body that assumes full responsibility for the total operation of the
					 pain management clinic.
1. The governing body
					 shall consist of at least one individual who assumes full
					 responsibility.
2. The pain
					 management clinic shall maintain documentation on the licensed premises
					 identifying the following information for each member of the governing body:
a. name;
b. contact information;
c. address; and
d. terms of membership.
3. The governing body shall develop and adopt
					 bylaws which address its duties and responsibilities.
4. The governing body shall, at minimum, meet
					 annually and maintain minutes of such meetings documenting the discharge of its
					 duties and responsibilities.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter C - Clinic Administration › Section I-7837 - Orientation and Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Orientation
					 and Training. The administrator shall develop, implement, enforce, monitor, and
					 annually review, in collaboration with the medical director, written policies
					 and procedures regarding orientation and training of all employees.
1. Orientation. Upon hire and prior to
					 providing care to patients, all employees shall be provided orientation related
					 to the clinics written policies and procedures governing:
a. organizational structure;
b. confidentiality;
c. grievance process;
d. disaster plan for internal and external
					 occurrences;
e. emergency medical
					 treatment;
f. program
					 mission;
g. personnel
					 practices;
h. reporting
					 requirements; and
i. basic skills
					 required to meet the health needs of the patients.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter D - Facility Requirements › Section I-7843 - Facility Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 licensed pain management clinic shall successfully complete all of the required
					 inspections and maintain a current file of reports and other documentation that
					 is readily available for review demonstrating compliance with all applicable
					 laws and regulations. The inspections shall indicate current approval for
					 occupancy.
1. Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter D - Facility Requirements › Section I-7845 - Physical Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 licensed pain management clinic shall be constructed, arranged and maintained
					 to ensure the safety and well-being of the clinics patients and the general
					 public.
B. The clinic premises
					 shall meet the following requirements including, but is not limited to:
1. a sign maintained on the clinic premises
					 that can be viewed by the public which shall contain, at a minimum, the:
a. name of the clinic; and
b. days and hours of operation;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter D - Facility Requirements › Section I-7847 - Infection Control Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 pain management clinic shall have written policies and procedures, annually
					 reviewed and signed by the medical director, to address the following:
1. decontamination;
2. disinfection;
3. sterilization;
4. storage of sterile supplies;
5. disposal of biomedical and hazardous
					 waste; and
6. training of all staff
					 in universal precautions upon initial employment and annually
					 thereafter.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter D - Facility Requirements › Section I-7849 - Health and Safety Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Environmental Requirements. The clinic, including its grounds, buildings,
					 furniture, appliances, and equipment, shall be structurally sound, in good
					 repair, clean, and free from health and safety hazards.
1. The environment of the clinic shall ensure
					 patient dignity and confidentiality.
2. The clinic shall prohibit weapons of any
					 kind in the clinic or on the clinic premises.