Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 44 - Abortion Facilities
Subchapter B - Administration and Organization
Section I-4421 - Governing Body
Universal Citation: LA Admin Code I-4421
Current through Register Vol. 50, No. 9, September 20, 2024
A. The outpatient abortion facility shall be in compliance with all applicable federal, state, and local statutes, laws, rules, regulations, and ordinances.
B. The outpatient abortion facility shall have a governing body that assumes full responsibility for the total operation of the outpatient abortion facility.
1. The governing body shall consist of at
least one individual who will assume full responsibility.
2. The outpatient abortion facility shall
maintain documentation on the licensed premises identifying the following
information for each member of the governing body:
a. name;
b. contact information;
c. address; and
d. terms of membership.
3. The governing body shall develop and adopt
bylaws which address its duties and responsibilities.
4. The governing body shall, at minimum, meet
annually and maintain minutes of such meetings documenting the discharge of its
duties and responsibilities.
C. The governing body shall be responsible for:
1. ensuring the outpatient abortion
facility's continued 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, prohibited activity requirements,
e.g. presenting or otherwise delivering any instruction or program on any
health topic, including but not limited to human sexuality or family planning,
to students at a public elementary or secondary school, or at a charter school
that receives state funding or knowingly providing any materials or media
regarding human sexuality or family planning for distribution or viewing at a
public elementary or secondary school, or at a charter school that receives
state funding, or any other matter addressed by law related to abortion or
abortion procedures;
2. designating
a person to act as the administrator and delegating sufficient authority to
this person to manage the day-to-day operations of the facility;
3. designating a person to act as the medical
director and delegating authority to this person to allow him/her to direct the
medical staff, nursing personnel, and medical services provided to each
patient;
4. evaluating the
administrator and medical directors performance annually, and maintaining
documentation of such in their respective personnel files;
5. ensuring that upon hire and prior to
providing care to patients and, at a minimum, annually, each employee is
provided with orientation, training, and evaluation for competency according to
their respective job descriptions;
6. developing, implementing, enforcing,
monitoring, and annually reviewing in collaboration with the administrator,
medical director, and registered nurse, written policies and procedures
governing the following:
a. the scope of
medical services offered;
b.
personnel practices, including, but not limited to:
i. developing job descriptions for licensed
and non-licensed personnel consistent with the applicable scope of practice as
defined by federal and state law;
ii. developing a program for orientation,
training, and evaluation for competency; and
iii. developing a program for health
screening;
c. the
management of medical emergencies and the immediate transfer to a hospital of
patients and born alive infants regardless of gestational age requiring
emergency medical care beyond the capabilities of the outpatient abortion
facility and such policies and procedures shall identify emergency medical
equipment and medications that will be used to provide for basic life support
until emergency medical services arrive and assume care; and
d. disaster plans for both internal and
external occurrences;
7.
approving all bylaws, rules, policies, and procedures formulated in accordance
with all applicable state laws, rules, and regulations;
8. ensuring all bylaws, rules, policies, and
procedures formulated in accordance with all applicable state laws, rules, and
regulations are maintained on the licensed premises and readily accessible to
all staff;
9. maintaining
organization and administration of the outpatient abortion facility;
10. acting upon recommendations from the
medical director relative to appointments of persons to the medical
staff;
11. ensuring that the
outpatient abortion facility is equipped and staffed to meet the needs of its
patients;
12. ensuring services
that are provided through a contract with an outside source are provided in a
safe and effective manner;
13.
ensuring that the outpatient abortion facility develops, implements, monitors,
enforces, and reviews at a minimum, quarterly, a quality assurance and
performance improvement (QAPI) program;
14. developing, implementing, monitoring,
enforcing, and reviewing annually written policies and procedures relating to
communication with the administrator, medical director, and medical staff to
address problems, including, but not limited to, patient care, cost
containment, and improved practices;
15. ensuring that disaster plans for both
internal and external occurrences are developed, implemented, monitored,
enforced, and annually reviewed and that annual emergency preparedness drills
are held in accordance with the disaster plan. The outpatient abortion facility
shall maintain documentation on the licensed premises indicating the date, type
of drill, participants, and materials;
16. ensuring that the outpatient abortion
facility procures emergency medical equipment and medications that will be used
to provide for basic life support until emergency medical services arrive and
assume care;
17. ensuring that the
outpatient abortion facility orders and maintains a supply of emergency drugs
for stabilizing and/or treating medical and surgical complications for
intra-operative and post-operative care on the licensed premises, subject to
the approval by the medical director; and
18. ensuring that the outpatient abortion
facility develops, implements, enforces, monitors, and annually reviews written
policies and procedures to ensure that products of conception are disposed of
in compliance with the Occupational Safety and Health Administration (OSHA),
the Environmental Protection Agency (EPA), and with any other applicable
federal, state, and local statutes, laws, ordinances, and department rules and
regulations.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2175.1 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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