Louisiana Revised Statutes 40:2117.5 – 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:
Terms Used In Louisiana Revised Statutes 40:2117.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2117.1
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
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.