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ORTC v. STATE EX REL. DEPT. OF HEALTH

No. 2003 CA 0643.

868 So.2d 216 (2004)

OPIATE REPLACEMENT THERAPY CENTERS OF AMERICA, INC. v. The STATE of Louisiana Through the DEPARTMENT OF HEALTH AND HOSPITALS, Bureau of Health Standards.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 6, 2004.

Attorney(s) appearing for the Case

Felix J. Sternfels, Napoleonville, Counsel for Plaintiff/Appellee Opiate Replacement Therapy Centers of America, Inc.

David L. McCay, Michael J. Coleman, Baton Rouge, Counsel for Defendant/Appellant Louisiana Department of Health and Hospitals, Bureau of Legal Services.

Kyle M. Green, Marrero, Counsel for Intervenor/Appellant Dr. Alex John, Jr.

Before: FOIL, FITZSIMMONS, and GAIDRY, JJ.

FITZSIMMONS, J.

The State of Louisiana, through the Department of Health and Hospitals, Office of Addictive Disorders (department), functioned as the State Authority for Methadone (SMA) clinics. The department, in fulfilling its duty as SMA, required an application be submitted by all prospective opiate replacement therapy clinics before a license could be granted by another department agency, the Bureau of Health Services Financing, Health Standards Section. Upon...

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