Current through Register Vol. 50, No. 12, December 20, 2024
A. If emergency
services are provided, the emergency services shall be on a 24-hour/seven-day
basis in an emergency care area. The hospital shall have at least 1 physician
available to the emergency care area within 30 minutes through a medical call
roster.
B. Organization
1. Emergency services shall have written
policies and procedures which:
a. define and
describe the scope of services offered;
b. assures the integration of emergency
services with other hospital services, delineating when the hospital shall
divert emergency patients, the criteria for the diversion, and the notification
of local emergency medical services and hospitals of the diversion;
and
c. governs referrals if a
clinical specialty service is not provided.
2. The emergency services shall be organized
under the direction of a qualified member of the medical staff and a roster of
on-call medical staff with service specialties shall be maintained. The
services shall be integrated with other departments of the hospital. Ancillary
services routinely available at the hospital for inpatients shall be available
to patients presenting with emergency medical conditions.
3. The emergency service area shall be
supplied with:
a. basic trauma equipment and
drugs;
b. suction and oxygen
equipment; and
c. cardiopulmonary
resuscitation equipment.
C. All licensed hospitals shall comply with
current provisions of the Emergency Medical Treatment and Active Labor Act
(EMTALA).
D. In accordance with
R.S.
40:2113.6, no officer or member of the
medical staff of a hospital licensed by the department shall deny emergency
services available at the hospital to a person diagnosed by a licensed
physician as requiring emergency services because the person is unable to
establish his ability to pay for the services or his race, religion or national
ancestry. In addition, the person needing the services shall not be subjected
to arbitrary, capricious or unreasonable discrimination based on age, sex,
physical condition or economic status. Emergency services are services that are
usually and customarily available at the hospital and that shall be provided
immediately to stabilize a medical condition which if not stabilized could
reasonably be expected to result in the loss of life, serious permanent
disfigurement or loss or impairment of the function of a bodily member or
organ, or for the care of a woman in active labor if the hospital is so
equipped. If not so equipped, the hospital shall provide treatment to allow the
patient to travel to a more appropriate facility without undue risk of serious
harm.
E. Personnel
1. The emergency services shall make
provisions for physician coverage at all hours and a qualified member of the
medical staff shall be designated to supervise emergency services. There shall
be a registered nurse and other nursing service personnel qualified in
emergency care to meet written emergency procedures and needs anticipated by
the hospital. All registered nurses working in emergency services shall be
trained in advanced cardiac life support, pediatric trauma and pediatric
advanced life support.
2. There are
specific assigned duties for emergency care personnel with a clear chain of
command.
F. The hospital
shall maintain an emergency service register on every individual seeking care.
At a minimum, the register shall contain the following data:
1. name, age and sex of patient;
2. date, time and means of arrival;
6. name of the on-call or treating
physician.
G. Trauma
Center. In addition to the requirements above, all hospitals that request
official certification by the department as a trauma center shall meet the
requirements provided under state law (R.S.
40:2171).
1.
All healthcare facilities offering trauma care services may request to be
certified on a voluntary basis.
2.
Application packet for certification shall be made by a hospital to the HSS
upon forms furnished by the department. Upon determination that the hospital is
in compliance with acceptable, nationally recognized standards of practice
and/or guidelines for designation of trauma centers specified by the American
College of Surgeons in Hospital and Pre-Hospital Resources for Optimal Care of
the Injured Patient and any published appendices thereto, the department shall
issue a certificate for such period as may be determined by the
department.
3. There shall be a
certification fee for any certificate issued in accordance with the provisions
of this section, renewable every three years.
4. Trauma care services is distinct and
different from the trauma center certification by the department. To be
certified as a trauma center, a hospital shall satisfy the requirements of
R.S.
40:2172 and 2173.
5. The department shall certify a hospital as
a trauma center when the requirements of this section have been fulfilled and
upon verification from the American College of Surgeons that the facility has
met its criteria for Level I, II, or III. The trauma center label shall be
reserved exclusively for hospitals with state-issued trauma center
certification.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.36:254 and
R.S.
40:2100-2115.
