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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 ENROLLED
SENATE BILL NO. 115
BY SENATOR MILLS
AN ACT1
To enact R.S. 40:2110(D) and (E), relative to suspension of a license for a freestanding2
inpatient psychiatric hospital; to provide for immediate suspension of a license under3
certain circumstances; to provide for notice, appeal, and injunctive relief; and to4
provide for 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 freestanding inpatient psychiatric11
hospital if an investigation or survey determines that the applicant or licensee12
is in violation of any provision of this Subpart, in violation of the rules13
promulgated by the department, or in violation of any other federal or state law14
or regulation, and the secretary determines that the violation or violations pose15
an imminent or immediate threat to the health, welfare, or safety of a client or16
patient. The secretary shall give the licensee five days written notice of the17
immediate suspension. The suspension of the license shall be effective five days18
after receipt of the written notice. After the freestanding inpatient psychiatric19
hospital receives the immediate suspension notice, the department shall assist20
the hospital with discharge planning, which shall address transition, relocation,21
and transportation issues, for each patient admitted at the hospital as of the22
date of receipt of the written notice of the immediate suspension.23
(1) The licensee shall have the right to file a devolutive appeal of the24
immediate suspension notice. The appeal request shall be filed with the office25
of the secretary within thirty calendar days of the receipt of the written notice26
ACT No. 306 SB NO. 115 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the immediate suspension. The appeal request shall specify in detail the1
reasons why the appeal is being lodged.2
(2) The licensee shall have the right to file for injunctive relief from the3
immediate suspension of the license. The injunctive relief shall be filed with the4
Nineteenth Judicial District Court for the parish of East Baton Rouge. Before5
injunctive relief may be granted, the licensee shall prove by clear and6
convincing evidence that the secretary's decision to issue the immediate7
suspension of the license was arbitrary and capricious.8
E. If a license for a freestanding inpatient psychiatric hospital is revoked9
or renewal of a license for a freestanding inpatient psychiatric hospital is denied10
other than for cessation of business or non-operational status, or if the license11
is surrendered in lieu of an adverse action, any owner that had direct knowledge12
of the practices that led to the immediate suspension or any on-site13
administrator of the licensee may be prohibited from owning, managing,14
directing, or operating another freestanding inpatient psychiatric hospital in the15
state of Louisiana.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: