Current through Register Vol. 50, No. 9, September 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.
B. A pain
management clinic license may not be renewed or may be revoked for any of the
following reasons, including but not limited to:
1. failure to be in substantial compliance
with pain management clinic licensing regulations;
2. failure to uphold patient rights whereby
deficient practice may result in harm, injury or death of a patient;
3. failure of the clinic to protect a patient
from a harmful act by a clinic employee or other patient(s) on the premises,
including but not limited to:
a. an action
posing a threat to patient or public health and safety;
b. coercion;
c. threat or intimidation;
d. harassment;
e. abuse; or
f. neglect;
4. failure to notify proper authorities of
all suspected cases of neglect, criminal activity, mental or physical abuse, or
any combination thereof;
5. failure
to maintain sufficient staff to meet the needs of the patient;
6. failure to employ qualified
personnel;
7. failure to remain
operational on the days, and during the hours, the clinic has reported to the
department that it will be open, unless the closure is unavoidable due to a
man-made or natural disaster and in accordance with §7825;
8. failure to submit fees, including but not
limited to:
a. fee for the change of address
or name;
b. any fine assessed by
the department; or
c. fee for a
CHOW;
9. failure to
allow entry to a clinic or access to requested records during a
survey;
10. failure to protect
patients from unsafe care by an individual employed by a clinic;
11. failure to correct areas of deficient
practice;
12. when clinic staff or
owner has knowingly, or with reason to know, made a false statement of a
material fact in any of the following:
a.
application for licensure;
b. data
forms;
c. clinical
records;
d. matters under
investigation by the department;
e.
information submitted for reimbursement from any payment source; or
f. advertising;
13. clinic staff misrepresented or
fraudulently operated a clinic;
14.
conviction of a felony, or entering a plea of guilty or nolo contendere to a
felony by an owner, administrator, director of nursing, or medical director as
evidenced by a certified copy of the conviction;
15. failure to comply with all reporting
requirements in a timely manner as requested by the department; or
16. action taken by the board against a
physician owning, employed or under contract to a clinic for violation of the
board's Pain Management Rules or other violations of the Medical Practice Act
which would make him ineligible for licensure.
C. In the event a clinic's license is revoked
or denied renewal, no other license application shall be accepted by the
department from the owners of the revoked or denied clinic for a period of two
years from the date of the final disposition of the revocation or denial
action.
D. When a clinic is under a
denial of license renewal action, provisional licensure, or license revocation
action, that clinic is prohibited from undergoing a change of
ownership.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
40.2198.11-13.
