Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Existing Facilities. An existing abortion
or reproductive health center shall comply with the requirements for Existing
Ambulatory Health Care Occupancy in the currently adopted National Fire
Protection Association (NFPA) 101, Life Safety Code.
(2)
Submission of Plans and
Specifications.
(a) Scope. A facility
constructed or renovated after the effective date of these rules shall be
classified as Business Occupancy of the International Building Code, and New
Ambulatory Health Care Occupancy of the NFPA Life Safety Code. The facility
shall comply with the codes and standards adopted by the State Board of Health
in effect at the time of plan submission.
(b) New Facilities, Additions, and
Alterations. Plans and specifications shall be submitted for review and
approval to the Alabama Department of Public Health, for any building that is
intended to contain an abortion center, and for additions and alterations to
existing facilities. Submissions shall be in accordance with Alabama
Administrative Code Chapter 420-5-22, "Submission of Plans and Specifications
for Health Care Facilities."
(c)
Minor Alterations and Remodeling. See Alabama Administrative Code Chapter
420-5-22, "Submission of Plans and Specifications for Health Care Facilities,"
for exceptions to the plan submittal requirements in the case of certain minor
alterations or remodeling projects.
(d) Inspections. The State Board of Health
and its authorized representatives shall have access to the work for inspection
wherever it is in preparation or progress.
(3)
General.
(a) Location. The abortion or reproductive
health center shall be located with sufficient parking space
provided.
(b) Local Restrictions.
The abortion or reproductive health center shall comply with local zoning,
building, and fire ordinances in addition to these Rules.
(c) Structural Soundness. The building shall
be structurally sound, free from leaks and excessive moisture, in good repair,
and painted at intervals to be reasonably attractive inside and out.
(d) Fire Extinguisher. An all-purpose fire
extinguisher shall be provided at each exit, special hazard areas and located
so that a person will not have to travel more than 75 feet from any point to
reach the nearest extinguisher. Fire extinguishers shall be of a type approved
by the local fire department or State Fire Marshal and shall be inspected in
accordance with the manufacturer's specifications, but not less than monthly.
An attached tag shall bear the initials or name of the inspector and date
inspected. Maintenance on each extinguisher shall be performed by trained
personnel at least annually. Maintenance tags showing the year, month, and name
of the individual performing maintenance shall be attached to the
extinguisher.
(e) Ventilation. The
building shall be well ventilated at all times with a comfortable temperature
maintained.
(f) Garbage Disposal.
Space and facilities shall be provided for the sanitary storage and disposal of
waste by incineration, containerization or removal, or by a combination of
these techniques. Infectious waste materials shall be rendered non-infectious
on the premises by appropriate measures.
(g) Elevators. In multi-story (more than two
stories) buildings, at least one elevator for patient use shall be
provided.
(h) Doors. Minimum width
of doors to all rooms needing access for stretchers shall be 3 feet.
(i) Pest Control. The premises must be free
from rodent and insect infestation.
(j) Corridors. Corridors must be of
sufficient width to allow stretchers to be maneuvered without impediment. All
corridors used as a means of exit shall be a minimum of 44 inches in width and
not be obstructed, or wider when required by code.
(k) Occupancy. No part of an abortion or
reproductive health center may be rented, leased, or used for any commercial
purpose, or for any purpose not necessary for the operation of the
center.
(l) Lighting. All areas of
the center shall have sufficient lighting to prevent accidents and promote
efficiency of service.
(m)
Emergency Lighting. Emergency lighting systems shall be provided to adequately
light corridors, procedures rooms, exit signs, stairways and lights at exterior
of each exit in case of electrical power failure.
(n) Exits. Each floor of an abortion clinic
shall have two or more exits remote from each other, leading directly to the
outside or to an exit passageway to the outside. Fire resistance ratings of all
exit components shall comply with the adopted codes.
(o) Exit Doors. Exit doors shall meet the
following criteria:
1. Shall be no less than
36 inches wide.
2. Shall swing in
the direction of exit and shall not obstruct the travel along any required fire
exit.
(p) Exit Signs.
Exits shall be equipped with approved illuminated signs. Exit signs shall be
placed in corridors and passageways to indicate the direction of exit. Exit
signs may be omitted at the main exterior exit doors when such is allowed by
code.
(q) Interior Finish. Interior
wall and ceiling finishes, including combustible, decorative and acoustical
material, shall have fire classification as required by code.
(r) Floors. All interior floors shall be
covered wall-to-wall with resilient tile, hard tile, carpet, or the equivalent,
and shall have a fire classification as required by code.
(s) Physically Handicapped. The facility
shall comply with ANSI A117.1 making buildings and facilities accessible to,
and usable by, the physically handicapped.
(t) An abortion or reproductive health center
shall be equipped with ultrasound equipment and a device capable of displaying
the Department of Public Health's abortion educational video program. All such
equipment shall be maintained in good operating condition.
(4)
Service
Facilities.
(a) Admission
Office. There shall be a room designated as the admission office where patients
may discuss personal matters in private. The admission office may be combined
with the business office and medical records room if privacy can be maintained
when confidential matters are being discussed.
(b) Waiting Room. A waiting room in the
administrative section shall be provided with sufficient seating for the
maximum number of persons that may be waiting at any time. Public toilets,
accessible to the physically handicapped, shall be available.
(c) Storage. A janitor's closet and ample
storage space shall be provided in the administrative area.
(5)
Treatment
Facilities.
(a) Examining
Facilities. An examining room of sufficient size to have three feet of
clearance at the end and sides of the examining table shall be provided. The
examining room will contain a desk suitable for writing, a chair, a lavatory or
sink for handwashing, instrument table and shelves or other equipment for
storage of equipment as needed. The examining room and procedure room may be
the same.
(b) Procedure Room. The
procedure room shall have walls and floors covered with a washable surface, a
scrub sink with knee, elbow, or foot controls, soap dispenser, and single
service towel dispenser.
(c)
Recovery Room. One or more recovery rooms containing sufficient beds for
recovering patients shall be provided. Reclining type vinyl upholstered chairs
may be substituted in lieu of beds. Other items for the patients' comfort may
be provided in the room.
(d) Clean
Workroom. A clean workroom shall be provided sufficient in size to process and
store clean and sterile supply materials and equipment, and must contain a work
counter and sink. An autoclave or gas sterilizer must be provided adequate in
size to sterilize the equipment in use.
(e) Soiled Workroom. The soiled workroom
shall contain a sink, work counter, waste receptacle. The clean and soiled
workroom may be combined if aseptic techniques can be provided.
(f) Toilets. At least one toilet and lavatory
with a soap dispenser and towel dispenser shall be provided for each multi-bed
recovery room. Toilet facilities shall be provided at no less than one water
closet and lavatory per ten recovery beds.
(g) Refrigerator. A refrigerator shall be
provided with provisions for safeguarding drugs. The refrigerator shall be
capable of maintaining drugs at a temperature of 42 degrees Fahrenheit plus or
minus 6 degrees Fahrenheit. If food or beverages are to be stored with drugs,
they must be clearly labeled and precautions must be taken to prevent moisture
produced by foods and beverages from contaminating drug container contents or
defacing labels.
(6)
Equipment and Supplies.
(a)
Testing and Diagnostic Equipment. All testing and diagnostic equipment shall be
maintained in good working order at all times. If equipment is obsolete or
permanently unusable because of irreparable damage or malfunction to the
equipment or any other condition that renders its use detrimental to patient
care, it shall be immediately separated from the equipment currently in use,
clearly tagged as permanently unusable, and properly disposed of as soon as
possible. If equipment is temporarily unusable, it shall be immediately
separated from equipment currently in use and clearly tagged as being
temporarily unusable until it is repaired or otherwise made fit for use.
Equipment is temporarily unusable if in need of repair or if not maintained in
accordance with manufacturer standards, regardless of whether there is an
apparent defect. Tagged equipment shall not be returned to use until repaired
and tested to ensure proper operation.
(b) Preventive Maintenance. There shall be a
schedule of preventive maintenance developed for all equipment in the facility
integral to patient care to assure satisfactory operation thereof. This
schedule shall cover at least the following equipment:
1. Ultrasound: All ultrasound machines must
be tested and calibrated by a trained, qualified technician in accordance with
the manufacturer's recommendations. In no event shall testing and calibration
be done less than annually.
2.
Autoclave: All autoclaves must be tested and maintained at least annually by a
trained, qualified technician in accordance with the manufacturer's
recommendations, except that necessary routine weekly cleaning, maintenance,
and inspection may be performed by properly trained clinic staff or a trained,
qualified technician in accordance with the manufacturer's recommendations.
Dated chemical indicators shall be used with every load to ensure
sterilization. Biological indicator testing must be performed every 40
service-hours, and the results of the biological indicator testing must be
logged.
(c) The facility
must maintain a record for all equipment containing the following information:
manufacturer, make, and model of the equipment; date of purchase of the
equipment; any dates on which the equipment was removed from service for repair
or maintenance and, if applicable, date equipment was returned to service; date
and description of all tests, maintenance, or repairs performed on the
equipment, including all routine inspection and maintenance performed by clinic
personnel; the names and qualifications of the company and technician
performing the tests, maintenance, or repairs; and the results of any tests,
maintenance, or repairs. In addition, all manufacturer literature and
information must be maintained in this record. If any of this information is
not available for equipment purchased prior to October 2006, the fact of the
missing information shall be noted in the equipment record, and, if there is no
record of proper maintenance in the last year, the equipment must be
immediately tested and, if necessary, calibrated or repaired.
(d) Medications and supplies which have
deteriorated or reached their expiration dates shall not be used for any
reason. All expired or deteriorated items shall be disposed of promptly and
properly. Each facility shall examine all stored medications and supplies no
less frequently than once each month and shall remove from its inventory all
deteriorated items and all items for which the expiration date has been
reached. The facility shall maintain a log recording each such examination with
its date, time, the person conducting the examination, and a description of
each item or group of items removed from inventory and the reason for such
removal.
(7)
Housekeeping Services.
(a) Personnel. Sufficient personnel are to be
employed to maintain the facility clean and orderly.
(b) Techniques. There shall be written
procedures outlining techniques to be followed in routine housekeeping and
decontamination are to be developed and maintained.
Authors: Rick Harris, W.T. Geary, Jr., M.D.,
Brian Hale, Victor Hunt
Statutory Authority:
Code of Ala.
1975, §§
22-21-20, et seq.