Current through Register Vol. 50, No. 9, September 20, 2024
A. Any
applicant or outpatient abortion facility shall be subject to licensing surveys
conducted by department surveyors to ensure that an applicant or outpatient
abortion facility is 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 abortion or abortion procedures, and also to ensure
there is no present threat to the health, safety, and welfare of the
patient.
B. Any applicant or
outpatient abortion facility subject to licensing surveys conducted by the
department shall:
1. allow department
surveyors access to any and all requested documents and information on the
licensed premises, including, but not limited to, patient medical records and
outpatient abortion facility records that are relevant or necessary for the
survey;
2. allow department
surveyors access to interview any staff or other persons as necessary or
required; and
3. not interfere with
or impede the survey process for department surveyors while conducting any
survey.
C. The
department is entitled to access all books, records, or other documents
maintained by or on behalf of the outpatient abortion facility on the licensed
premises to the extent necessary to ensure compliance with this Chapter.
Ensuring compliance includes permitting photocopying by the department or
providing photocopies to the department of any records or other information by
or on behalf of the outpatient abortion facility as necessary to determine or
verify compliance with this Chapter.
D. Types of Surveys. The department shall
have the authority to conduct the following types of surveys.
1. Initial Licensing Surveys. The department
shall conduct an on-site initial licensing survey to ensure the applicant is 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
abortion or abortion procedures prior to issuing a full initial license. All
initial licensing surveys shall be announced.
2. Annual Licensing Surveys. The department
shall conduct an annual licensing survey. All annual licensing surveys shall be
unannounced.
3. Complaint Surveys.
The department shall conduct complaint surveys when a complaint is lodged
against an outpatient abortion facility in accordance with
R.S.
40:2009.13 et seq. All complaint surveys
shall be unannounced.
4. Follow-up
Surveys. The department may conduct a follow-up survey to ensure the outpatient
abortion facility has corrected all deficiencies cited in the previous survey
and is 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 abortion or abortion procedures. All follow-up surveys shall be
unannounced.
5. Physical
Environment Survey
a. An announced on-site
survey to ensure the outpatient abortion facility is compliant with the
applicable physical environment regulations due to the following:
i. major renovations of a currently licensed
outpatient abortion facility; or
ii. relocation of a currently licensed
outpatient abortion facility.
b. A physical environment survey may be
conducted alone or conducted in conjunction with another survey.
E. Statement of
Deficiencies. Following any survey, the department surveyors shall complete the
statement of deficiencies documenting relevant findings including the
deficiency, the applicable governing rule, and the evidence supporting why the
rule was not met including, but not limited to, observations, interviews, and
record review of information obtained during the survey. The outpatient
abortion facility shall receive a copy of the statement of deficiencies.
1. Display. The following statements of
deficiencies issued by the department to the outpatient abortion facility must
be posted in a conspicuous place on the licensed premises:
a. the most recent annual licensing survey
statement of deficiencies; and
b.
any follow-up and/or complaint survey statement of deficiencies issued after
the most recent annual licensing survey.
2. Public Disclosure. Any statement of
deficiencies issued by the department to an outpatient abortion facility shall
be available for disclosure to the public within 30 calendar days after the
outpatient abortion facility submits an acceptable plan of correction to the
deficiencies or within 90 days of receipt of the statement of deficiencies,
whichever occurs first.
F. Plan of Correction. The department may
require a plan of correction from an outpatient abortion facility following any
survey wherein deficiencies have been cited. The fact that a plan of correction
is accepted by the department does not preclude the department from pursuing
other actions against the outpatient abortion facility as a result of the cited
deficiencies.
G. Informal
Reconsideration. The applicant and/or outpatient abortion facility shall have
the right to request an informal reconsideration of any deficiencies cited
during any initial licensing survey, annual licensing survey, and follow-up
survey.
1. The request for an informal
reconsideration must be in writing and received by HSS within 10 calendar days
of receipt of the statement of deficiencies. If a timely request for an
informal reconsideration is received, HSS shall schedule the informal
reconsideration and notify the outpatient abortion facility in
writing.
2. The request for an
informal reconsideration must identify each disputed deficiency or deficiencies
and the reason for the dispute and include any documentation that demonstrates
that the determination was made in error.
3. Correction of the deficiency or
deficiencies cited in any survey shall not be the basis for an informal
reconsideration.
4. The outpatient
abortion facility may appear in person at the informal reconsideration and may
be represented by counsel.
5. The
outpatient abortion facility shall receive written notice of the results of the
informal reconsideration.
6. The
results of the informal reconsideration shall be the final administrative
decision regarding the deficiencies and no right to an administrative appeal
shall be available.
H.
Complaint Survey Informal Reconsideration. Pursuant to
R.S.
40:2009.13 et seq., an outpatient abortion
facility shall have the right to request an informal reconsideration of the
validity of the deficiencies cited during any complaint survey, and the
complainant shall be afforded the opportunity to request an informal
reconsideration of the findings.
1. The
department shall conduct the informal reconsideration by administrative desk
review.
2. The outpatient abortion
facility and/or the complainant shall receive written notice of the results of
the informal reconsideration.
3.
Except for the right to an administrative appeal provided in
R.S.
40:2009.16(A), the results
of the informal reconsideration shall be the final administrative decision and
no right to an administrative appeal shall be available.
I. Sanctions. The department may impose
sanctions as a result of deficiencies cited following any survey. A sanction
may include, but is not limited to:
1. civil
fine(s);
2. revocation of
license;
3. denial of license
renewal application;
4. immediate
suspension of license; and
5. any
and all sanctions allowed under federal or state law or regulation.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2175.1 et
seq.
