Louisiana Revised Statutes 40:2120.22 – Operation without a license; penalty
Terms Used In Louisiana Revised Statutes 40:2120.22
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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. A nurse staffing agency shall not operate without a license issued by the department. Any person, partnership, corporation, unincorporated association, or other legal entity operating such an agency without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to ensure enforcement.
B. If a person, partnership, corporation, unincorporated association, or other legal entity is operating a nurse staffing agency without a license issued by the department, the department may have the authority to issue an immediate cease and desist order to that person, partnership, corporation, unincorporated association, or other legal entity. Any such agency receiving a cease and desist order from the department shall immediately cease operations until such time that the agency is issued a license by the department.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any person, partnership, corporation, unincorporated association, or other legal entity operating an agency that receives a cease and desist order from the department in accordance with Subsection B of this Section and that does not cease operations immediately. Any such person, partnership, corporation, unincorporated association, or other legal entity operating an agency against which an injunction is granted shall be liable to the department for attorney fees, costs, and damages.
Acts 2022, No. 577, §1.