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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 115
BY SENATOR MILLS
HOSPITALS. Provides for immediate suspension of a license for a psychiatric hospital.
(gov sig)
AN ACT1
To enact R.S. 40:2110(D) and (E), relative to suspension of a license for a psychiatric2
hospital; to provide for immediate suspension of a license under certain3
circumstances; to provide for notice, appeal, and injunctive relief; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2110(D) and (E) are hereby enacted to read as follows: 7
ยง2110. Denial, suspension or revocation of license; appeal8
* * *9
D. Notwithstanding any law to the contrary, the secretary may issue an10
immediate suspension of a license for a psychiatric hospital if an investigation11
or survey determines that the applicant or licensee is in violation of any12
provision of this Subpart, in violation of the rules promulgated by the13
department, or in violation of any other federal or state law or regulation, and14
the secretary determines that the violation or violations pose an imminent or15
immediate threat to the health, welfare, or safety of a client or patient. The16
secretary shall give the licensee written notice of the immediate suspension. The17 SB NO. 115
SLS 12RS-168 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
suspension of the license shall be effective upon the receipt of the written notice.1
(1) The licensee shall have the right to file a devolutive appeal of the2
immediate suspension notice. The appeal request shall be filed with the office3
of the secretary within thirty calendar days of the receipt of the written notice4
of the immediate suspension. The appeal request shall specify in detail the5
reasons why the appeal is lodged.6
(2) The licensee shall have the right to file for injunctive relief from the7
immediate suspension of the license. The injunctive relief shall be filed with the8
district court of the parish of East Baton Rouge. Before injunctive relief may be9
granted, the licensee shall prove by clear and convincing evidence that the10
secretary's decision to issue the immediate suspension of the license was11
arbitrary and capricious.12
E. If a license for a psychiatric hospital is revoked or renewal of a license13
for a psychiatric hospital is denied other than for cessation of business or non-14
operational status, or if the license is surrendered in lieu of an adverse action,15
any owner, officer, member, manager, director, or administrator of the licensee16
may be prohibited from owning, managing, directing, or operating another17
psychiatric hospital in the state of Louisiana.18
Section 2. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law provides for the secretary of DHH authority to immediately suspend the
license of a psychiatric hospital if the applicant or licensee is in violation of the law or rules
and regulations and the secretary determines the violation poses an imminent or immediate
threat to the health, welfare, or safety of a client or patient. SB NO. 115
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides for the notification, appeal, and injunctive relief process for providers
who have a license suspended by the secretary.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:2110(D) and (E))