Current through Register Vol. 30, No. 38, September 20, 2024
A. A licensee is
responsible for the organization and management of an abortion
clinic.
B. A licensee shall:
1. Adopt policies and procedures for the
administration and operation of an abortion clinic;
2. Designate a medical director who:
a. Is licensed according to A.R.S. Title 32,
Chapter 13, 17, or 29; and
b. May
be the same individual as the licensee;
3. Ensure the following documents are
conspicuously posted on the premises:
a.
Current abortion clinic license issued by the Department,
b. Current telephone number and address of
the unit in the Department responsible for licensing the abortion
clinic,
c. Evacuation map,
and
d. Signs that comply with
A.R.S. §
36-2153(H);
and
4. Except as
specified in
R9-10-1512(D)(4),
ensure that documentation required by this Article is provided to the
Department within two hours after a Department request.
C. A medical director shall ensure written
policies and procedures are established, documented, and implemented to protect
the health and safety of a patient including:
1. Personnel qualifications, duties, and
responsibilities;
2. Individuals
qualified to provide counseling in the abortion clinic and the amount and type
of training required for an individual to provide counseling;
3. If the abortion clinic performs an
abortion procedure at or after 20 weeks gestational age:
a. Individuals qualified in neonatal
resuscitation and the amount and type of training required for an individual to
provide neonatal resuscitation, and
b. Designation of an individual to arrange
the transfer to a hospital of a fetus delivered alive;
4.
Verification of the competency of the physician performing an abortion
according to
R9-10-1506;
5. The
storage, administration, accessibility, disposal, and documentation of a
medication or controlled substance;
6. Accessibility and
security of medical records;
7. Abortion procedures
including:
a. Recovery and follow-up
care;
b. The minimum length of time
a patient remains in the recovery room or area based on:
i. The type of abortion
performed,
ii. The estimated gestational age of the
fetus,
iii. The type and amount of medication administered,
and
iv. The physiologic signs including vital signs and
blood loss; and
c. If the
abortion clinic performs an abortion procedure at or after 20 weeks gestational
age, the requirements in A.R.S. §
36-2301(D);
8. Infection control including methods of sterilizing
equipment and supplies;
9. Medical emergencies;
and
10. Patient discharge and patient transfer.
D. For an abortion clinic that is
not in substantial compliance or that is in substantial compliance but refuses
to carry out a plan of correction acceptable to the Department, the Department
may take enforcement action as specified in R9-10-111.
The following Section was adopted under an exemption from
the provisions of the Administrative Procedure Act, which means these rules
were not reviewed by the Governor's Regulatory Review Council or approved by
the Attorney General's Office.
