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Terms Used In Louisiana Revised Statutes 40:2120.15

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

            A. An application to operate a nurse staffing agency shall be made to the department on forms provided by the department. A separate license shall be obtained for each location from which a nurse staffing agency is operated unless the nurse staffing agency is owned and managed by the same entity, person, or persons.

            B. The application shall contain all of the following information:

            (1) The name and address of the person, partnership, corporation, unincorporated association, or other legal entity that is the applicant.

            (2) If the applicant is a corporation, a copy of its articles of incorporation, a copy of its current bylaws, and the names and addresses of its officers, directors, and shareholders owning more than five percent of the corporation’s stock.

            (3) The names and addresses of the person or persons under whose management or supervision the nurse staffing agency will be operated.

            (4) A statement of financial solvency.

            (5) A statement detailing the experience and qualifications of the applicant to operate a nurse staffing agency.

            (6) Evidence of compliance with the Louisiana Workers’ Compensation Law, La. Rev. Stat. 23:1020.1 et seq., with a minimum coverage in the amount of one million dollars.

            (7) Evidence of professional liability insurance in an amount sufficient to provide coverage in accordance with the total amount recoverable for all malpractice claims as indicated in La. Rev. Stat. 40:1231.2.

            (8) Any other relevant information the department determines is necessary to properly evaluate the applicant and application as required by the department by rule.

            C. Any person, partnership, corporation, unincorporated association, or other legal entity operating or planning to operate a nurse staffing agency shall be assessed a nonrefundable fee of twelve hundred dollars, payable to the department, at the time an initial licensing application is made to the department and shall be assessed a nonrefundable fee of twelve hundred dollars biennially thereafter for renewal of the license. Any person, partnership, corporation, unincorporated association, or other legal entity shall be assessed a delinquent fee of one hundred dollars for failure to timely renew its license; the delinquent fee shall be assessed and shall become due and payable to the department at 12:01 a.m. on the first day following the expiration date of the license. These licensing fees are for the initial application and renewal of a license only and are in addition to any other fees that may be assessed according to the laws, rules, regulations, and standards that are applicable to a nurse staffing agency.

            Acts 2022, No. 577, §1.