Current through Register Vol. 35, No. 18, September 24, 2024
A.
Minimum care requirements: Acute-care or limited services
hospitals must provide an area in the facility with adequate space and
emergency equipment needed to treat emergency patients. Written policies for
the care of such patients must be readily available to all patient care
staff.
B.
Distinct emergency
service: If the hospital has a distinct emergency service:
(1) the emergency service shall be directed
by personnel who are qualified by training and experience to direct the
emergency service and shall be integrated with other services of the
hospital;
(2) the policies and
procedures governing medical care provided by the emergency service shall be
established by, and are a continuing responsibility of, the medical
staff;
(3) emergency services shall
be supervised by a member of the medical staff, and nursing functions shall be
the responsibility of a professional registered nurse;
(4) the hospital's emergency services shall
be coordinated with local / state / federal mass casualty plans and
(5) written policies and procedures shall be
established prescribing a course of action, including policies for transferring
a patient to an appropriate facility when the patient's medical status
indicates the need for emergency care which the hospital cannot provide, to be
followed in the care of persons who:
(a)
manifest severe emotional disturbances;
(b) are under the influence of alcohol or
other drugs;
(c) are victims of
suspected abuse or are victims of other suspected criminal acts;
(d) have a contagious disease;
(e) have been contaminated by hazardous,
chemical, biological or radioactive materials;
(f) are diagnosed dead on arrival;
or
(g) present other conditions
requiring special directions regarding action to be taken.
(6) A hospital that provides emergency care
for sexual assault survivors shall:
(a)
provide each sexual assault survivor with medically and factually accurate
and
(b) objective written and oral
information about emergency contraception as described in their policies and
procedures;
(c) orally and in
writing inform each sexual assault survivor for her option to be provided
emergency contraception at the hospital; and
(d) provide emergency contraception at the
hospital to each sexual assault survivor who requests it and document it in the
patient's medical record.
(7) The provision of emergency contraception
pills shall include the initial dose that the sexual assault survivor can take
at the hospital as well as the subsequent dose that the sexual assault survivor
may self-administer 12 hours following the initial dose or in accordance with
accepted standards of practice for the administration of emergency
contraception.
(8) A communications
system employing telephone, radiotelephone or similar means shall be in use to
establish and maintain contact with the police department, emergency medical
services, rescue squads and other emergency services of the
community.
(9) A list of emergency
referral services shall be available in the basic emergency service. This list
shall include the name, address and telephone number of such services as:
(a) police department;
(b) rape or domestic crisis center;
(c) burn center;
(d) drug abuse center;
(e) New Mexico poison center;
(f) suicide prevention center;
(g) the office of epidemiology of the New
Mexico health care authority;
(h)
local public health office;
(i)
clergy;
(j) emergency psychiatric
service;
(k) chronic dialysis
service;
(l) renal transplant
center;
(m) intensive care newborn
nursery;
(n) radiation accident
management service;
(o) ambulance
transport and rescue service, including military resources;
(p) county coroner or medical
examiner;
(q) hazardous materials
management service;
(r) anti-venom
service;
(s) emergency and dental
service;
(t) local emergency
operations center.
(10)
The hospital shall have the following service capabilities:
(a) adequate monitoring and therapeutic
equipment;
(b) laboratory service
shall be capable of providing the necessary support for the emergency
service;
(c) radiological service
shall be capable of providing the necessary support of the emergency
service;
(d) services shall be
available for life threatening situations adequate for the size and scope of
the facility and staff;
(e) the
hospital shall have readily available the services of a blood bank containing
common types of blood and blood derivatives.
C.
Physical environment:
(1) The emergency service shall be provided
with the facilities, equipment, drugs, supplies and space needed for prompt
diagnosis and emergency treatment.
(2) Facilities for the emergency service
shall be separate and independent of the operating room.
(3) The location of the emergency service
shall be in close proximity to an exterior entrance of the hospital.
D.
Personnel:
(1) There shall be sufficient medical and
nursing personnel available for the emergency service at all times. All medical
and nursing personnel assigned to emergency services shall be trained in
cardiopulmonary resuscitation.
(2)
The medical staff shall ensure that qualified members of the medical staff are
available at all times for the emergency service, either on duty or on call,
and that an authorized medical staff member is responsible for all patients who
arrive for treatment in the emergency service.
(3) If unable to reach the patient within 15
minutes, the physician or a licensed independent practitioner shall provide
specific instructions to the emergency staff on duty if emergency measures are
necessary. These instructions may take the form of written protocols approved
by the medical staff.
E.
A sufficient number of professional registered nurses qualified by training or
experience to work in emergency services shall be available to deal with the
number and severity of emergency service cases.
F. The hospital shall ensure that all
personnel who provide care to sexual assault survivors have documented training
in the provision of medically and factually accurate and objective information
about emergency contraception within 60 days of employment.
G.
Complaints:
(1) Complaints of failure to provide services
required by the Sexual Assault Survivors Emergency Care Act may be filed with
the authority.
(2) The authority
shall investigate every complaint it receives regarding failure of a hospital
to provide services required by the Sexual Assault Survivors Emergency Care Act
to determine the action to be taken to satisfy the complaint.
(3) If the authority determines that a
hospital has failed to provide the services required in the Sexual Assault
Survivors Emergency Care Act, the authority shall:
(a) issue a written warning to the hospital
upon receipt of a complaint that the hospital is not providing the services
required by the Sexual Assault Survivors Emergency Care Act; and
(b) based on the authority's investigation of
the first complaint, require the hospital to correct the deficiency leading to
the complaint.
(4) If
after the issuance of a written warning to the hospital pursuant to Subsection
D of this section, the authority finds that the hospital has failed to provide
services required by the Sexual Assault Survivors Emergency Care Act, the
authority shall, for a second through fifth complaint, impose on the hospital a
fine of $1,000:
(a) per sexual assault
survivor who is found by the authority to have been denied medically and
factually accurate and objective information about emergency contraception or
who is not offered or provided emergency contraception; or
(b) per month from the date of the complaint
alleging noncompliance until the hospital provides training pursuant to the
rules of the authority.
(5) For the sixth and subsequent complaint
against the same hospital if the authority finds the hospital has failed to
provide services required by the Sexual Assault Survivors Emergency Care Act,
the authority shall impose an intermediate sanction pursuant to Section
24-1-5.2 NMSA 1978 or suspend or revoke the license of the hospital issued
pursuant to the Public Health Act.
H.
Medical records:
(1) Adequate medical records to permit
continuity or care after provision of emergency services shall be maintained on
all patients. The emergency room patient record shall contain:
(a) patient identification;
(b) history of disease or injury;
(c) physical findings;
(d) laboratory and x-ray reports, if
any;
(e) diagnosis;
(f) record of treatment;
(g) disposition of the case;
(h) appropriate time notations, including
time of the patient's arrival, time of physician notification, time of
treatment, including administration of medications, time of patient discharge
or transfer from the service or time of death.
(2) Where appropriate, medical records of
emergency services shall be integrated with those of the inpatient and
outpatient services.
I.
Emergency committee: An emergency services committee composed of
physician, professional registered nurses and other appropriate hospital staff
shall review emergency services and medical records for appropriateness of
patient care on at least a quarterly basis. The committee shall make
appropriate recommendations to the medical staff and hospital administrative
staff based on its findings. This review may be part of a hospital's overall
quality improvement program. Minutes of these meetings shall be maintained for
a one year period.
J.
Equipment and supplies: All equipment and supplies necessary for
life support shall be available, including but not limited to, airway control
and ventilation equipment, suction devices, cardiac monitor, defibrillator,
pacemaker capability, apparatus to establish central venous pressure
monitoring, intravenous fluids and administration devices.