Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 30 - Ambulatory Surgical Centers and Abortion Facilities › Section 19 CSR 30-30.060 - Standards for the Operation of Abortion Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the list of laws,
				  regulations, and standards that governing bodies must ensure abortion
				  facilities abide by or otherwise comply with.
(1) Governing Body, Administration, and
				Medical Staff.
(A) The facility shall have a
				governing body which may be an individual owner or owners, partnership,
				corporate body, association, or public agency.
1. The governing body shall have full legal
				responsibility for determining, implementing, and monitoring policies governing
				a facility's total operation and for ensuring that the policies are
				administered in a manner to provide acceptable care in a safe environment and
				in accordance with all legal requirements and standards of care.
2. The governing body shall select and employ
				an administrator who is a physician licensed in Missouri, a registered nurse
				licensed in Missouri, or an individual who has at least one (1) year of
				administrative experience in health care.
3. If there is any change in the designation
				of the administrator, the governing body shall notify the department within ten
				(10) calendar days of the change.
4. The governing body shall ensure that, in
				the absence of the administrator from the facility, a person who meets the
				qualifications of an administrator as defined in this regulation shall be
				present at the facility and fulfill the administrator's duties.
5. Bylaws of the governing body shall
				acknowledge that department surveyors shall be allowed to inspect the facility
				at any time the facility is in operation. Surveyors shall have due regard for
				the medical condition and reasonable privacy of the on-site patients.
6. Bylaws of the governing body shall require
				that the medical staff, facility personnel and all others providing services
				relative to the facility shall be directly or indirectly responsible to the
				governing body through the administrator.
7. The governing body, through the
				administrator, shall establish criteria for the content of patient records and
				shall provide for timely completion of those records and disciplinary action
				for noncompliance.
8. The governing
				body, through the administrator, shall ensure that the abortion facility abides
				by all applicable state and federal laws and regulations. This shall include,
				but not be limited to, compliance with Chapter 188, RSMo,
				13 CSR
				70-3.030(3), and:
A. Notifying pathology lab of failed abortion
				within twenty-four (24) hours;
B.
				Ensuring that the physician providing informed consent to the patient is the
				physician who performs the procedure;
C. Ensuring that all medical records
				associated with abortions accurately reflect the date and time the record was
				created;
D. Ensuring that the
				physician who performs the abortion performs a pelvic exam at least seventy-two
				(72) hours before an abortion unless, in the physician's clinical judgment,
				such pelvic exam is not medically necessary and said physician documents the
				reason for such determination;
E.
				Ensuring that any physician, nurse, or other health care provider, or their
				contracted agents, cooperate with any Department of Health and Senior Services
				investigator upon written request of the investigator;
F. Ensuring that all employees participate in
				an annual fire drill;
G. Ensuring
				that policies are written in accordance with regulatory requirements;
H. Ensuring that endotracheal equipment is
				maintained and that staff is aware of the location of the equipment;
I. Following all acceptable sterilization
				standards for surgery instruments and equipment; and
J. Maintaining controlled substance logs in
				accordance with published regulations.
9. Any violation of law or regulation shall
				be immediately referred, in writing, with details of said violation or
				violations, to the Medicaid Audit and Compliance Unit of the Department of
				Social Services.
10. The governing
				body, through the administrator, shall be responsible for developing,
				implementing, and enforcing a policy to ensure protection of facility
				employees, physicians, and volunteers from retaliation or adverse employer
				actions by the facility for disclosing information regarding alleged infection
				control concerns; alleged facility mismanagement or fraudulent activity; or
				alleged violations of state of federal law or regulations regarding patient
				care, patient safety, or facility safety.