Current through Register Vol. 50, No. 9, September 20, 2024
A. It shall be unlawful for outpatient
abortion facility's in the initial licensing application process to accept
patients or provide abortion services until licensed by the Department of
Health and Hospitals (DHH). The department is the only licensing authority for
outpatient abortion facility's in Louisiana.
B. Types of Licenses. The department shall
have the authority to issue the following types of licenses:
1. full initial license;
2. provisional initial license;
3. full renewal license; and
4. provisional license.
C. An outpatient abortion facility shall be
in compliance with all applicable federal, state, and local statutes, laws,
rules, regulations, and ordinances, including department rules, regulations,
and fees, governing or relating to outpatient abortion facility's, abortion or
termination procedures, reporting requirements, ultrasound requirements,
informed consent requirements or any other matter addressed by law related to
an abortion or abortion procedures before the outpatient abortion facility will
be issued an initial license to operate.
D. An outpatient abortion facility license
shall:
1. be issued only to the person or
entity named in the initial licensing application;
2. be valid only for the outpatient abortion
facility to which it is issued and only for the physical address named in the
initial licensing application;
3.
be valid for one year from the date of issuance, unless revoked or suspended,
prior to that date, or unless a provisional initial license or provisional
license is issued;
4. expire on the
last day of the twelfth month after the date of issuance, unless timely renewed
by the outpatient abortion facility;
5. not be subject to sale, assignment,
donation, or other transfer, whether voluntary or involuntary; and
6. be posted in a conspicuous place on the
licensed premises at all times.
E. An outpatient abortion facility licensed
by the department may only perform first and second trimester abortions
pursuant to
R.S.
40:2175.3.
F. A separately licensed outpatient abortion
facility shall not use a name which is substantially the same as the name of
another such facility licensed by the department. An outpatient abortion
facility shall not use a name which is likely to mislead the patient or their
family into believing it is owned, endorsed, or operated by the state of
Louisiana.
G. No branches,
satellite locations, or off site campuses shall be authorized for an outpatient
abortion facility.
H. Plan Review
Process. Submission of plan review to the Office of the State Fire Marshall is
required for initial licensure, major renovation, and change of location.
1. Applicants are required to refer to the
OSFM for laws, rules, and editions of adopted codes and standards applicable to
plan review by the OSFM.
2. One
complete set of plans and specifications (construction documents), with
application and review fee, shall be submitted to the OSFM for
review.
3. Plan review submittal to
the OSFM shall be in accordance with applicable state laws, rules, regulations,
and the following.
a. Modifications to
Physical Environment which involve Major Renovations. Any proposed change to
the physical environment which involves major renovations shall require plan
review for compliance with requirements applicable at the time of the proposed
change.
i. Painting, re-tiling floors,
installation of carpet, and repairing of roof damage or reroofing are not
considered to be major renovations. Normal maintenance of a building does not
require plan review by the OSFM.
ii. Major renovations may require a physical
environment survey pursuant to
§4407. D.5 and
§4445. A 3
b. The specific requirements
outlined in the physical environment section of this Chapter.
c. Where services or treatment for four or
more patients can be accommodated at more than one time, requirements
applicable to Ambulatory Health Care occupancies, as defined by the most
recently state-adopted edition of National Fire Protection Association (NFPA)
101, shall apply.
d. Where services
or treatment for three or less patients can be accommodated at more than one
time, requirements applicable to construction of business occupancies, as
defined by the most recently state-adopted edition of NFPA 101, shall
apply.
4. Upon approval,
one copy of the documents reviewed by the OSFM and one copy of the OSFM plan
review letter shall be submitted to the department. Electronic transfer of
documents by the OSFM to the department is allowed to satisfy this
requirement.
5. Waivers. When a
requirement of these rules regarding plan review would impose a hardship,
financial or otherwise, but would not adversely affect the health and safety of
any patient, the outpatient abortion facility may submit a waiver request to
the department, with supporting documentation. The issuance of a waiver by the
department does not apply to the OSFM requirements for approval, which must be
addressed exclusively by the outpatient abortion facility with the OSFM or the
state health officer, as appropriate to the subject matter.
a. Waivers are granted only at the discretion
of the department.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2175.1 et
seq.
