LAC 48:I.7819. Initial License Denial, License Revocation or Denial of License Renewal

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.