Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:2115.15 Public hearing; venue
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§2115.15. Public hearing; venue A. The attorney general shall, during the course of review under R.S. 40:2115.14, hold a public hearing in which any person may file written comments and exhibits, or may appear and make a statement. B.(1) The hearing shall be held not later than t…
La. Rev. Stat. § 40:2115.16 Decision; appeal
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§2115.16. Decision; appeal A.(1) The attorney general shall review the completed application in accordance with the criteria set forth in R.S. 40:2115.17. Within sixty days after receipt of a completed application, the attorney general shall either: (a) Approve the acquisition, w…
La. Rev. Stat. § 40:2115.17 Criteria for decision; attorney general
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§2115.17. Criteria for decision; attorney general A. The attorney general shall approve the application unless he finds that the acquisition is not in the public interest. An acquisition is not in the public interest unless appropriate steps have been taken to safeguard the value…
La. Rev. Stat. § 40:2115.18 Additional criteria for decision; attorney general
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§2115.18. Additional criteria for decision; attorney general In making a decision whether to approve or disapprove an application, the attorney general shall also determine whether the acquisition affects the continued existence of accessible, affordable health care facilities th…
La. Rev. Stat. § 40:2115.19 Reports to the attorney general
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§2115.19. Reports to the attorney general A. The attorney general may require annual reports from the seller or its successor corporation or foundation and from the purchaser or other parties to the acquisition for up to five years after the date of acquisition to ensure complian…
La. Rev. Stat. § 40:2115.20 Violations; license suspension or revocation
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§2115.20. Violations; license suspension or revocation A. No license to operate a hospital may be issued or renewed by the department pursuant to this Subpart or any other state statute, and a license that has been issued may be revoked or suspended if any of the following occurs…
La. Rev. Stat. § 40:2115.21 Excluded acquisitions
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§2115.21. Excluded acquisitions Any acquisition of a hospital before September 1, 1997, and any acquisition of a hospital which has been finally approved before January 1, 1998, according to any procedure in effect prior to the procedures set forth in this Subpart, shall not be s…
La. Rev. Stat. § 40:2115.22 Prohibited acquisitions
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§2115.22. Prohibited acquisitions Any proprietary hospital management company shall be prohibited from purchasing a not-for-profit hospital that such management company has managed at any time in the previous three years prior to the date of sale. Acts 1999, No. 1279, §§1, 2.
La. Rev. Stat. § 40:2115.23 Authority for regulation
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§2115.23. Authority for regulation The attorney general may adopt rules and regulations pursuant to the Administrative Procedure Act to implement this Subpart and to contract with and provide reasonable reimbursement to qualified persons to assist in determining criteria set fort…
La. Rev. Stat. § 40:2115.31 Legislative intent
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§2115.31. Legislative intent A. The legislature finds and declares that in order to protect the health and welfare of the public it is imperative to regulate and control entities that hold themselves out to the public as providing emergency medical care. B. The legislature furthe…
La. Rev. Stat. § 40:2115.32 Definitions
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§2115.32. Definitions For purposes of this Subpart, the following definitions shall apply: (1) "Department" means the Louisiana Department of Health. (2) "Emergency medical services" means those medical services necessary to screen, evaluate, and stabilize an emergency medical co…
La. Rev. Stat. § 40:2115.33 Emergency department; licensure; prohibitions
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§2115.33. Emergency department; licensure; prohibitions A. Each emergency department operating in Louisiana shall be licensed by the department as a part of a hospital under the Hospital Licensing Law, R.S. 40:2100 et seq., either as a part of the hospital's main campus or as a s…
La. Rev. Stat. § 40:2116 Facility need review
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§2116. Facility need review A. The Louisiana Department of Health shall implement a facility need review process in accordance with the provisions of this Section. The department may institute facility need review on licensing or certification to participate in the Title XIX prog…
La. Rev. Stat. § 40:2116.1 Nursing facilities; facility need review; moratorium; exceptions
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§2116.1. Nursing facilities; facility need review; moratorium; exceptions A.(1) The Louisiana Department of Health, in accordance with the Administrative Procedure Act, shall establish a facility need review process for nursing facilities consistent with the regulations for licen…
La. Rev. Stat. § 40:2116.2 Nursing facilities; cost effective measures
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§2116.2. Nursing facilities; cost effective measures The Louisiana Department of Health may promulgate rules to accomplish cost effectiveness of beds that include but are not limited to the following: (1) A bed abeyance program to reduce nursing facility beds by ten percent or mo…
La. Rev. Stat. § 40:2116.31 Scope; purpose; definitions
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§2116.31. Scope; purpose; definitions A. The provisions of this Part shall apply to all providers of home care services in the state of Louisiana. The purpose of this Part is to assure the provision of high quality home care to the residents of Louisiana in a coordinated and cost…
La. Rev. Stat. § 40:2116.32 Licensing of home health agencies; applications; fees, disposition of fees
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§2116.32. Licensing of home health agencies; applications; fees, disposition of fees A. No person shall open, conduct, manage, or maintain an agency or organization that meets the definition of a home health agency without a license from the department. B. Except as provided in S…
La. Rev. Stat. § 40:2116.33 Home health agencies; jurisdiction
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§2116.33. Home health agencies; jurisdiction All home health agencies shall be under the jurisdiction of the Louisiana Department of Health, which shall provide the rules and regulations governing the operation of such agencies or organizations. However, nothing in this Part shal…
La. Rev. Stat. § 40:2116.34 Minimum standards; rules and regulations
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§2116.34. Minimum standards; rules and regulations A. The secretary of the department shall prescribe and publish minimum standards pursuant to the Administrative Procedure Act. Such standards shall include but not be limited to the following: (1) Requiring all such home health a…
La. Rev. Stat. § 40:2116.35 Issuance of license
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§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…
La. Rev. Stat. § 40:2116.36 Denial, revocation, or nonrenewal of license; grounds
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§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 s…
La. Rev. Stat. § 40:2116.37 Notice of reasons for nonrenewal or revocation of license; review; hearing
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§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 …
La. Rev. Stat. § 40:2116.38 Records; reports
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§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,…
La. Rev. Stat. § 40:2116.39 Term of license; renewal fee; display; transfer
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§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 …
La. Rev. Stat. § 40:2116.40 Violations; penalties
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§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 thereun…
La. Rev. Stat. § 40:2117.1 1
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§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 …
La. Rev. Stat. § 40:2117.2 Licenses; application and fee; survey; provisional
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§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 th…
La. Rev. Stat. § 40:2117.3 Term of license; renewal fee; display; transfer
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§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.…
La. Rev. Stat. § 40:2117.4 Minimum standards, rules, and regulations
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§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, pol…
La. Rev. Stat. § 40:2117.5 Denial, nonrenewal, or revocation of license; grounds; notification; appeal
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§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 thi…
La. Rev. Stat. § 40:2117.6 Right of inspection by department; records; reports
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§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…
La. Rev. Stat. § 40:2117.7 Civil fines for violations; appeals
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§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…
La. Rev. Stat. § 40:2118 Fluoroscopy procedures in a hospital setting
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§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 di…
La. Rev. Stat. § 40:2120.1 Purpose
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§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. Jul…
La. Rev. Stat. § 40:2120.11 Short title
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§2120.11. Short title This Part shall be known and may be cited as the "Nurse Staffing Agency Licensing Law". Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2120.12 Purpose
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§2120.12. Purpose The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the licensure of nurse staffing agencies. Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2120.13 Definitions
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§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 requir…
La. Rev. Stat. § 40:2120.14 Licensure required
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§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…
La. Rev. Stat. § 40:2120.15 Application for licensure; fees
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§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 nur…
La. Rev. Stat. § 40:2120.16 Issuance of a license
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§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 complianc…
La. Rev. Stat. § 40:2120.17 Renewal of a license
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§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 …
La. Rev. Stat. § 40:2120.18 Grounds for denial of a license
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§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…
La. Rev. Stat. § 40:2120.19 Suspension, revocation, or refusal to issue or renew a license
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§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 pro…
La. Rev. Stat. § 40:2120.2 Definitions
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§2120.2. Definitions As used in this Part: (1) "Caregiver" means a registered nurse, licensed practical nurse, certified nursing assistant, personal care attendant, direct service worker, home health aide, companion, or homemaker. (2) "Caregiver registry" means a person or legal …
La. Rev. Stat. § 40:2120.20 Minimum standards; prohibited actions
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§2120.20. Minimum standards; prohibited actions A. The department, by rule, shall establish minimum standards for the operation of nurse staffing agencies. Those standards shall include but are not limited to the following: (1) The maintenance of written policies and procedures. …
La. Rev. Stat. § 40:2120.21 Investigations; inspections; orders; civil penalties
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§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 an…
La. Rev. Stat. § 40:2120.22 Operation without a license; penalty
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§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 guil…
La. Rev. Stat. § 40:2120.23 Implementation
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§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 per…
La. Rev. Stat. § 40:2120.24 Administrative rulemaking
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§2120.24. Administrative rulemaking The department shall adopt all rules and regulations in accordance with the Administrative Procedure Act as necessary for the implementation of the provisions of this Part. Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2120.25 Repealed by Acts 2008, No
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§2120.25. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.