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-4423 - Staffing Requirements, Qualifications, and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Provisions. An outpatient abortion facility shall have enough qualified
					 personnel as indicated under this Chapter who are available to provide direct
					 patient care as needed to all patients and to provide administrative and
					 nonclinical services needed to maintain the operation of the outpatient
					 abortion facility in accordance with the provisions of this Chapter.
B. Administrator. The outpatient abortion
					 facility shall have an administrator designated by the governing body who is
					 responsible for the day-to-day management, supervision, and operation of the
					 outpatient abortion facility. The administrator shall be a full-time employee,
					 available and on-site, during the designated business hours.
1. Qualifications. The administrator shall be
					 at least 18 years of age and possess a high school diploma or
					 equivalent.
2. The outpatient
					 abortion facility shall designate a person to act in the administrators
					 absence, and shall ensure this person meets the qualifications of the
					 administrator pursuant to this Chapter. The outpatient abortion facility shall
					 maintain documentation on the licensed premises identifying this person and
					 evidence of their qualifications.
3. Duties and Responsibilities. The
					 administrator shall be responsible for:
a.
					 employing licensed and non-licensed qualified personnel to provide the medical
					 and clinical care services to meet the needs of the patients being
					 served;
b. ensuring that upon hire
					 and prior to providing care to patients, each employee is provided with
					 orientation, training, and evaluation for competency as provided in this
					 Chapter;
c. ensuring that written
					 policies and procedures for 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 are developed, implemented, monitored,
					 enforced, and annually reviewed, and readily accessible to all staff;
d. ensuring that emergency medical equipment
					 and medications that will be used to provide for basic life support until
					 emergency medical services arrive and assume care are maintained in proper
					 working order and are available for use on a day-to-day basis on the licensed
					 premises;
e. ensuring that a
					 licensed physician, who has admitting privileges at a hospital located not
					 further than 30 miles from the location at which the abortion is performed or
					 induced and provides obstetrical or gynecological health care services, to
					 facilitate emergency care is on the licensed premises when a patient is
					 scheduled to undergo an abortion procedure;
NOTE: The Department acknowledges that federal litigation
						is pending on the issue of admitting privileges. As such, licensing provisions
						regarding admitting privileges will only be enforced pursuant to Order,
						Judgment, Stipulation, or Agreement in the matter entitled June Medical
						Services LLC, et al versus Caldwell, et al, Case No. 3:14-cv-525, United States
						District Court, Middle District, and any matter consolidated with such
						matter.
f. 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;
g. ensuring that a
					 licensed medical professional trained in CPR and trained in the use of
					 emergency medical equipment is on the licensed premises at all times when
					 abortion procedures are being performed;
h. ensuring that patient medical records are
					 completely and accurately documented in accordance with the provisions of this
					 Chapter within 30 days from the abortion procedure; and
i. maintaining current credentialing and/or
					 personnel files on each employee that shall include documentation of the
					 following:
i. a completed employment
					 application;
ii.  job
					 description;
iii. a copy of current
					 health screening reports conducted in accordance with the outpatient abortion
					 facility policies and procedures and in compliance with all applicable federal,
					 state, and local statutes, laws, rules, regulations, and ordinances, including
					 department rules, and regulations;
iv. documentation that each employee has
					 successfully completed orientation, training, and evaluation for competency
					 related to each job skill as delineated in their respective job
					 description;
v. documentation that
					 all licensed nurses have successfully completed a Basic Life Support course;
					 and
vi. other pertinent information
					 as required by the outpatient abortion facility's policies and procedures,
					 including but not limited to, prohibited activity, 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
					 requirements in accordance with applicable state laws, rules and
					 regulations.
4. All credentialing and/or personnel files
					 shall be current and maintained on the licensed premises at all
					 times.