Terms Used In Louisiana Revised Statutes 40:2120.21

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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. See Louisiana Revised Statutes 40:2120.13
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Nurse: means a registered nurse as defined in La. See Louisiana Revised Statutes 40:2120.13
  • 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. See Louisiana Revised Statutes 40:2120.13
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

            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.

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