reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 42 - MINIMUM STANDARDS OF OPERATION FOR AMBULATORY SURGICAL FACILITIES › Subchapter 32 - Conclusion › Rule 15-16-1-42.32.1

Current through June 25, 2024
Conditions which have not been covered in the standards
						shall be enforced in accordance with the best practices as interpreted by the
						licensing agency. The licensing agency reserves the right to:
1. Review the payroll records of each
					 ambulatory surgical facility for the purpose of verifying staffing
					 patterns.
2. Grant variances as it
					 deems necessary for facilities existing prior to July 1, 1983.
3. Information obtained by the licensing
					 agency through filed reports, inspection, or as otherwise authorized, shall not
					 be disclosed publicly in such manner as to identify individuals or
					 institutions, except in proceedings involving the questions of
					 licensure.
4. The licensing agency
					 shall reserve the right to review any and all records and reports of any
					 ambulatory surgical facility, as deemed necessary to determine compliance with
					 these minimum standards of operation.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 1 - INTRODUCTION › Rule 15-16-1-43.1.1

Current through June 25, 2024
On April 12, 1985, the Mississippi Legislature passed an
						Act to provide for the licensing of birthing centers by the department or its
						successor; to provide for license fees; to provide for hearings prior to the
						denial, suspension or revocation of a license; to provide for appeals from the
						decision at any such hearing; to provide penalties for violations of this act,
						and for related purposes.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 1 - INTRODUCTION › Rule 15-16-1-43.1.2

Current through June 25, 2024
The purpose of this act is to protect and promote the
						public welfare by providing for the development, establishment and enforcement
						of certain standards in the maintenance and operation of "birthing centers"
						which will ensure safe, sanitary and nationally recognized best practice
						standards adequate care of individuals in such institutions.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 1 - INTRODUCTION › Rule 15-16-1-43.1.3

Current through June 25, 2024
A "birthing center" is a home-like facility where low
						risk births are planned to occur following a normal, uncomplicated pregnancy. A
						"birthing center" has sufficient space to accommodate participating family
						members and support people of the woman's choice. A "birthing center" provides
						midwifery practice to childbearing women during pregnancy, birth, and
						puerperium and to the infant during the immediate newborn period by certified
						nurse-midwives or by an obstetrician or family physician or osteopathic
						physician. A "birthing center" has specified access to acute care obstetric and
						newborn services.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 2 - GENERAL: LEGAL AUTHORITY › Rule 15-16-1-43.2.1 - Adoption of Regulations

Current through June 25, 2024
Under and by virtue of the authority vested in it by
						Chapter 503 of the Laws of Mississippi, 1985, Regular Legislative Session, the
						department, as licensing agency, does hereby adopt and promulgate the following
						rules, regulations, and standards governing birthing centers licensed to
						operate in the State of Mississippi. The American Association of Birth Centers
						(AABC) Standards for Birth Centers are hereby incorporated by reference. In
						order to be licensed by the Mississippi State Department of Health, each birth
						center shall be in compliance with the AABC Standards for Birth Centers.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 2 - GENERAL: LEGAL AUTHORITY › Rule 15-16-1-43.2.2 - Procedures Governing Amendments

Current through June 25, 2024
The rules, regulations, and minimum standards for
						birthing center facilities may be amended by the licensing agency from time to
						time as necessary to promote the health, safety, and welfare of persons
						receiving services in such institutions.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 2 - GENERAL: LEGAL AUTHORITY › Rule 15-16-1-43.2.3 - Inspections Required

Current through June 25, 2024
The department shall inspect each birthing center for
						which a license has been issued or by persons, delegated authority by said
						Department on an annual basis at such intervals as the Department may direct.
						The department and/or its authorized representatives shall have the right to
						inspect construction work in progress. New birthing center facilities shall not
						be licensed without having first been inspected for compliance with these
						rules, regulations, and minimum standards.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 2 - GENERAL: LEGAL AUTHORITY › Rule 15-16-1-43.2.4 - Definitions

Current through June 25, 2024
A list of selected terms often used in connection with
						these rules, regulations, and standards follows.
1.
Administrator
. The term
					 "administrator" shall mean a person who is delegated the responsibility for the
					 implementation and proper application of policies and programs established by
					 the governing authority of the facility and is delegated responsibility for the
					 establishment of safe and effective administrative management, control, and
					 operation of the services provided.
2.
Birthing Center
. A "Birthing
					 Center" shall mean a publicly or privately owned facility, place or institution
					 constructed, renovated, leased, or otherwise established where non-emergency
					 births are planned to occur away from the mother's usual residence following a
					 documented period of prenatal care for a normal uncomplicated pregnancy which
					 has been determined to be a low risk through a formal risk scoring examination.
					 A licensed physician, or certified nurse midwife and a registered nurse shall
					 provide care in a birthing center. Services provided in a birthing center shall
					 be limited in the following manner:
Miss. Code
						Ann. §
												41-77-1 and §
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 3 - STAFFING › Rule 15-16-1-43.3.1 - Employee Health Screening

Current through June 25, 2024
Every employee of a birthing center who comes in contact
						with patients shall receive a health screening by a licensed physician, nurse
						practitioner/physician assistant or employee health nurse who conduct exams
						prior to employment. Facilities shall comply with recommendations from the
						Centers for Disease control and/or the Mississippi State Department of Health
						regarding baseline employee TB testing and routine serial employee TB testing
						and education.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 3 - STAFFING › Rule 15-16-1-43.3.2 - Criminal History Record Checks

Current through June 25, 2024
Definitions:
A list of selected terms often
						used in connection with these rules, regulations and standards follows.
1.
Employee.
For the purpose of
					 fingerprinting and criminal background history checks, employee shall mean any
					 individual employed by a covered entity. The term "employee" also includes any
					 individual who by contract with the covered entity provides direct client care
					 in a client's room or in treatment rooms.
2. The term employee does not include
					 healthcare professional/technical students, as defined in Section
					 37-29-232, performing clinical
					 training in a licensed entity under contracts between their schools and the
					 licensed entity, and does not include students at high schools who observe the
					 treatment and care of clients in a licensed entity as part of the requirements
					 of an allied health course taught in the school if:
A. The student is under the supervision of a
					 licensed healthcare provider; and
B. The student has signed the affidavit that
					 is on file at the student's school stating that he or she has not been
					 convicted of or plead guilty or nolo contendere to a felony of possession or
					 sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any
					 sex offenses listed in section
					 45-33-23(g),
					 child abuse, arson, grand larceny, burglary, gratification of lust, aggravated
					 assault, or felonious abuse and/or battery of a vulnerable adult, or that any
					 such conviction or plea was reversed on appeal or a pardon was granted for the
					 conviction or plea; and
C. Further,
					 applicants and employees of the University of Mississippi Medical Center for
					 whom criminal history record checks and fingerprinting are obtained in
					 accordance with Section
					 37-115-41 are exempt from
					 application of the term employee under Section
					 41-75-13.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 4 - TYPE OF LICENSE › Rule 15-16-1-43.4.1 - License

Current through June 25, 2024
No license shall be issued to any facility, which fails
						to limit the clinical practice in the following manner:
1. Surgical services shall be limited to
					 those normally performed during uncomplicated childbirth, such as episiotomy
					 and repair, and shall not include operative obstetrics or Caesarean
					 sections
2. Labor shall not be
					 inhibited, stimulated or augmented with chemical agents during the first or
					 second stage of labor
3. Systemic
					 analgesia may be administered and local anesthesia for pudendal block and
					 episiotomy repair may be performed. General and conductive anesthesia shall not
					 be administered at birthing centers
4. Patients shall not remain in the facility
					 in excess of twenty-four (24) hours.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 4 - TYPE OF LICENSE › Rule 15-16-1-43.4.2 - Regular License

Current through June 25, 2024
A license shall be issued to each birthing center that
						meets the requirements as set forth in these regulations. In addition, no
						birthing center facility may be licensed until it shows conformance to the
						regulations establishing minimum standards for prevention and detection of
						fire, as well as for protection of life and property against fire.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 5 - LICENSING › Rule 15-16-1-43.5.1

Current through June 25, 2024
Application and Annual Report & Fees- Application
						for a license or renewal of a license shall be made in writing to the
						department on forms provided by the department, which shall contain such
						information as the department may require. The application shall require
						reasonable, affirmative evidence of ability to comply with these rules,
						regulations, and minimum standards. Each initial and renewal licensure
						application, unless suspended or revoked, shall be accompanied by a fee as set
						by the legislation according to sections MS Code §
											41-77-9 & MS Code §
											41-77-25
Each initial and renewal licensure application, unless
						suspended or revoked, shall be accompanied by a fee as set by the Board, made
						payable to the Mississippi State Department of Health. Renewal of licenses
						shall occur on an annual basis. Fees are not refundable.
Miss. Code
						Ann. §
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 5 - LICENSING › Rule 15-16-1-43.5.2

Current through June 25, 2024
To be eligible for licensure in MS under this section, a
						birth center must be accredited by the Commission for Accreditation for
						Birthing Centers (CABC) or must obtain accreditation within six months of the
						date of the application for licensure. If the birth center loses its
						accreditation, the center must immediately notify the department.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 5 - LICENSING › Rule 15-16-1-43.5.3 - Issuance of License

Current through June 25, 2024
All licenses issued by the department shall set forth the
						name of the birthing center, the location, the name of the licensee, and the
						license number.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 5 - LICENSING › Rule 15-16-1-43.5.4 - Expiration of License

Current through June 25, 2024
Each license shall expire on June 30 following the date
						of issuance.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 5 - LICENSING › Rule 15-16-1-43.5.5 - Denial or Revocation of License: Hearings and Review

Current through June 25, 2024
The department of Health, after notice and opportunity
						for a hearing to the applicant or licensee, is authorized to deny, suspend, or
						revoke a license in any case in which it finds that there has been a
						substantial failure to comply with the requirements established under the law
						and these regulations. A facility that has had its license revoked may not
						apply for a license for five years after the revocation has occurred.
Also, the following shall be grounds for denial or
						revocation of license:
1. Fraud on the
					 part of the licensee in applying for a license or renewal of license.
2. Willful or repeated violations by the
					 licensee of any of the provisions of Miss. Code Ann. §
											41-77-1 et
					 seq. and/or of the rules, regulations, and minimum standards established by the
					 licensing agency.
3. Use of a
					 controlled substance not prescribed by a licensed health care
					 professional.
4. Use of alcoholic
					 beverages by the licensee or other personnel of the licensed facility to the
					 extent which threatens the well-being or safety of the residents.
5. Conviction of the licensee of a
					 job-related felony and misdemeanor.
6. Publicly misrepresenting the licensed
					 facility and/or its services.
7.
					 Permitting, aiding, or abetting the commission of any unlawful act.
8. Conduct or practices detrimental to the
					 health or safety of patients and employees of said licensed facility.
					 Detrimental practices include but are not limited to:
a. Cruelty to a patient or indifference to
					 the needs which are essential to their general well-being and health.
b. Misappropriation of the money or property
					 of a patient.
c. Inadequate staff
					 to provide safe care of a patient.
Failure to transfer a patient whose condition demands
						care beyond the level of care provided by the licensed facility as determined
						by its classification.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 5 - LICENSING › Rule 15-16-1-43.5.6 - Mississippi State Department of Health shall be notified, in writing, of any of the following within 30 days prior the occurrence

Current through June 25, 2024
1. Address/location,
2. Facility name,
3. Phone number;
4. Hours of operation/24-hour contact
					 procedure,
5. Change in address or
					 phone number,
6.
					 Administrator,
7. Director of
					 nursing, and
8. Cessation of
					 business.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 6 - RIGHT OF APPEAL › Rule 15-16-1-43.6.1 - Provision for hearing and appeal following denial or revocation of license is as follows

Current through June 25, 2024
1. Administrative
					 Decision. The department will provide an opportunity for a fair hearing to
					 every applicant or licensee who is dissatisfied with administrative decisions
					 made in the denial or revocation of license.
2. The licensing agency shall notify the
					 applicant or licensee by registered mail or personal service the particular
					 reasons for the proposed denial or revocation of license. Upon written request
					 of applicant or licensee within ten (10) days of the date of notification the
					 licensing agency shall fix a date not less than thirty (30) days from the date
					 of such service at which time the applicant or licensee shall be given an
					 opportunity for a prompt and fair hearing.
3. On the basis of such hearing or upon
					 default of the applicant or licensee, the licensing agency shall make a
					 determination specifying its findings of fact and conclusions of law. A copy of
					 such determination shall be sent by registered mail to the last known address
					 of the applicant or licensee or served personally upon the applicant or
					 licensee.
4. The decision revoking,
					 suspending, or denying the application or license shall become final thirty
					 (30) days after it is so mailed or served unless the applicant or licensee,
					 within such thirty (30) day period, appeals the decision to the Chancery Court
					 in the county in which the facility is located, in the manner prescribed in
					 Section
					 43-11-23,
					 Mississippi Code of 1972, as amended. An additional period may be granted at
					 the discretion of the licensing agency.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 6 - RIGHT OF APPEAL › Rule 15-16-1-43.6.2 - Penalties for Violations

Current through June 25, 2024
Any person or persons or other entity or entities
						establishing, managing or operating a birthing center or conducting the
						business of a birthing center without the required license, or which otherwise
						violate any of the provisions of the Minimum Standards promulgated by the
						Mississippi State Department of Health as amended, or the rules, regulations or
						standards promulgated in furtherance of any law in which the department has
						authority therefore shall be subject to the penalties and sanctions of Section
						41-7-209.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 7 - PATIENT TRANSFER › Rule 15-16-1-43.7.1

Current through June 25, 2024
The patient shall be transferred when necessary to a
						hospital which shall have an organized obstetrical and newborn service which
						shall provide for an obstetrician and pediatrician on staff, 24-hour emergency
						care, and caesarean section capability within thirty (30) minutes of leaving
						the birthing center and shall provide skilled nursing care and facilities and
						equipment appropriate for the patient being transferred, having been notified
						on initiation of transfer. Facilities shall have a written policy that
						addresses the procedure for transfer.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 7 - PATIENT TRANSFER › Rule 15-16-1-43.7.2 - Written Agreement

Current through June 25, 2024
The written agreement shall state that no license shall
						be issued to a "birthing center" until such "birthing center" shall have
						obtained a written agreement with a hospital, which has organized obstetrical
						service and provides such service on a continuing basis. The written agreement
						shall state that the hospital agrees to accept from the birthing center such
						cases as need to be referred for whatever reason from the birthing center, and
						for phone consultation for problems that arise in the birthing center.
						[
Appropriate transfer criteria for agreement with hospital
.] The
						facility must follow all written policies developed by the licensed
						facility.
Miss. Code
						Ann. §
												41-77-7 and §
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 8 - DISASTER PREPAREDNESS › Rule 15-16-1-43.8.1

Current through June 25, 2024
The Licensed Entity shall develop and maintain a written
						preparedness plan utilizing the Emergency Operations Plan (EOP) Template
						developed by the MSDH Office of Emergency Planning and Response. "All Hazards"
						and "Whole Community" approach to emergency and disaster planning. The plan
						must include procedures to be followed in the event of any pandemic, act of
						terrorism, or man-made or natural disaster as appropriate for the specific
						geographical location. The final draft of the Emergency Operations Plan (EOP),
						will be reviewed by the Office of Emergency Planning and Response, Mississippi
						State Department of Health, or their designates, for conformance with the "All
						Hazards Emergency Preparedness and Response Plan." Particular attention shall
						be given to critical areas of concern which may arise during any "all hazards"
						emergency whether required to evacuate or to sustain in place. Additional plan
						criteria or a specified EOP format may be required as deemed necessary by the
						Office of Emergency Planning and Response. The nine (9) critical areas of
						consideration are:
1. Communications -
					 Facility status reports shall be submitted in a format and a frequency as
					 required by the Office of EOP;
2.
					 Resources and Assets;
3. Safety and
					 Security;
4. Staffing;
5. Infrastructure (Water, sewer, electricity,
					 data systems, etc.);
6. Clinical
					 Activities;
7. Exercises -
					 Exercises shall be conducted a minimum of (2) times per year;
8. Smoke Detectors/Extinguishers (refer to
					 NFPA 10 and NFPA 72); and
9.
					 Continuity of Operations Planning (COOP) to include surge and alternate care
					 sites.
Miss. Code
						Ann. §
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 8 - DISASTER PREPAREDNESS › Rule 15-16-1-43.8.2 - Emergency Operations Plans

Current through June 25, 2024
Emergency Operations Plans (EOPs) must be exercised and
						reviewed annually or as directed by the Office of Emergency Planning and
						Response. Written evidence of current approval or review of provider EOPs, by
						the Office of Emergency Planning and Response, shall accompany all applications
						for facility license renewals.
Miss. Code
						Ann. §
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 8 - DISASTER PREPAREDNESS › Rule 15-16-1-43.8.3 - Fire Drills

Current through June 25, 2024
Fire drills shall be conducted one (1) per shift per
						quarter. Employees shall participate in a fire drill at least four (4) times
						per year. Written records of all drills shall be maintained, indicating content
						of and attendance at each drill. A fire evacuation plan shall be posted in each
						facility in a conspicuous place and kept current. The facility shall have a
						posted plan for evacuation of patients, staff and visitors in case of fire or
						another emergency. The birth center maintains functioning smoke alarms,
						appropriately placed fire extinguisher to control limited fires and
						emergency-powered lighting; identifies exits; protects stairwells with fire
						doors.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 9 - PLANS AND SPECIFICATIONS › Rule 15-16-1-43.9.1 - Inspections

Current through June 25, 2024
The department shall inspect each birthing center for
						which a license has been issued or by persons, delegated authority by said
						department on an annual basis at such intervals as the department may direct.
						The department and/or its authorized representatives shall have the right to
						inspect construction work in progress. New birthing center facilities shall not
						be licensed without having first been inspected for compliance with these
						rules, regulations, and minimum standards.
1. Construction shall not be started for any
					 institution subject to these standards (whether new or remodeling or additions
					 to an existing licensed birthing center) until the plans and specifications for
					 such construction or remodeling have been submitted to the Licensing Agency in
					 writing and its approval of the changes given in writing.
A. Exception: Foundation changes made
					 necessary by unanticipated conditions, or any conditions which present a hazard
					 to life or property if not immediately corrected.
B. New Construction, Additions, and Major
					 Alterations. When construction is contemplated for new buildings, conversions,
					 or additions to existing building coming within the scope of rules, plans, and
					 specifications shall be submitted for review by the Department.
C. Minor Alterations and Remodeling. Minor
					 alterations and remodeling which do not affect the structural integrity of the
					 building, change functional operation, affect fire safety, and add services to
					 those for which the birthing center is licensed need not be submitted for
					 review.
D. Local Requirements. The
					 birthing center shall comply with all local zoning, building, and fire
					 ordinances. A birthing center may not be operated in a private
					 residence.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 9 - PLANS AND SPECIFICATIONS › Rule 15-16-1-43.9.2 - Life Safety Codes

Current through June 25, 2024
Physical Plant and Operational Standards.
The following minimum physical plant and operational
						standards shall be met:
1.
Construction.
For any existing construction, as of the date of
					 this standard, shall meet, at a minimum, NFPA 101 Life Safety Code, current
					 edition and the FGI (Facility Guidelines Institute) Guidelines for Design and
					 Construction of Health Care Facilities. In the event of the construction of a
					 new birthing center or substantial modification of an existing facility, any
					 subsequent edition of NFPA, Life Safety Code may be used, provided the
					 licensing agency approve the use of such edition and that all construction
					 and/or modifications meet the requirements of the approved edition.
A. The construction of the building should be
					 a free-standing building.
B.
					 Automatic Sprinklers Required. Facilities shall be protected throughout by a
					 supervised automatic sprinkler system installed in accordance with the current
					 edition of NFPA 13, Installation of Sprinkler Systems.
C. Fire Code Items:
i. Fire extinguishers in accordance with
					 current edition NFPA 10, Standard for Portable Fire Extinguishers.
ii. Fire alarms and smoke detectors in
					 accordance with current edition of NFPA 72, National Fire Alarm Code.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 10 - WASTE MANAGEMENT › Rule 15-16-1-43.10.1

Current through June 25, 2024
All facilities must comply with the
Adopted
						Standards for the Regulation of Medical Waste
in Health Care
						Facilities licensed by the Mississippi State Department of Health. These
						Standards are published on the MSDH website.
Miss. Code Ann.
						§
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 43 - MINIMUM STANDARDS OF OPERATION FOR BIRTHING CENTERS › Subchapter 11 - INFECTION CONTROL › Rule 15-16-1-43.11.1

Current through June 25, 2024
The following infection control standards shall be
						met:
1. The birthing center must
					 maintain and document an effective infection control program that protects
					 patients, families, visitors, and birthing center personnel by preventing and
					 controlling infections and communicable diseases.
2. The birthing center inpatient facility
					 must have an active surveillance program that includes specific measures for
					 prevention, early detection, control, education, and investigation of
					 infections and communicable diseases in the birthing center. There must be a
					 mechanism to evaluate the effectiveness of the program(s) and take corrective
					 action when necessary. The program must include implementation of nationally
					 recognized systems of infection control guidelines to avoid sources and
					 transmission of infections and communicable diseases
3. The birthing center must follow accepted
					 standards of practice to prevent the transmission of infections and
					 communicable diseases, including the use of standard precautions.
Miss. Code
						Ann. §
												41-77-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 1 - INTRODUCTION › Rule 15-16-1-44.1.1 - Adoption of Regulations

Current through June 25, 2024
Under and by virtue of authority vested in it by
						Mississippi Code Annotated ', the Mississippi Department of Health, as
						licensing agency, does hereby adopt and promulgate the following rules,
						regulations and standards governing abortion facilities licensed to operate in
						the State of Mississippi.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 1 - INTRODUCTION › Rule 15-16-1-44.1.2 - Procedures Governing Amendments

Current through June 25, 2024
The rules, regulations, and minimum standards for
						abortion facilities may be amended by the licensing agency from time to time as
						necessary to promote the health, safety, and welfare of persons receiving
						services in such institutions.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 1 - INTRODUCTION › Rule 15-16-1-44.1.3 - Inspections Required

Current through June 25, 2024
Each abortion facility for which a license has been
						issued shall be inspected by the Mississippi Department of Health or by persons
						delegated with authority by said Mississippi Department of Health at such
						intervals as the Department may direct. The Mississippi Department of Health
						and/or its authorized representatives shall have the right to inspect
						construction work in progress. New abortion facilities shall not be licensed
						without having first been inspected for compliance with these rules,
						regulations, and minimum standards.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 1 - INTRODUCTION › Rule 15-16-1-44.1.4 - Provisions

Current through June 25, 2024
The provisions of this act shall not be constructed to
						repeal or modify any provision of Mississippi law not expressly altered by this
						act, and furthermore does not establish a state policy that condones
						abortion.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 1 - INTRODUCTION › Rule 15-16-1-44.1.5 - DEFINITIONS

Current through June 25, 2024
A list of selected terms often used in connection with
						these rules, regulations, and standards follows:
1. Abortion. For the purpose of these
					 regulations, "Abortion" means the use or prescription of any instrument,
					 medicine, drug or any other substances or device to terminate the pregnancy of
					 a woman known to be pregnant with any intention other than to increase the
					 probability of a live birth to preserve the life or health of the child after
					 live birth or to remove a dead fetus.
2. Administrator. The term "administrator"
					 shall mean a person who is delegated the responsibility for the implementation
					 and proper application of policies and programs established by the governing
					 authority of the facility and is delegated responsibility for the establishment
					 of safe and effective administrative management, control, and operation of the
					 services provided. This definition applies to a person designated as Chief
					 Executive Officer or other similar title.
3. Abortion Facility. The term "abortion
					 facility" means a facility operating substantially for the purpose of
					 performing abortions for outpatients and is a separate identifiable legal
					 entity from any other health care facility. Abortions shall only be performed
					 by physicians licensed to practice in the State of Mississippi. The term
					 "abortion facility" term includes physicians' offices which are used
					 substantially for the purpose of performing abortions. An abortion facility
					 operates substantially for the purpose of performing abortions if any of the
					 following conditions are met:
a. The abortion
					 facility is a provider for performing ten (10) or more abortions procedures per
					 calendar month during any month of a calendar year, or one hundred (100) or
					 more in a calendar year.
b. The
					 abortion facility, if operating less than twenty (20) days per calendar month,
					 is a provider for performing ten (10) or more abortion procedures, or
					 performing a number of abortion procedures which would be equivalent to ten
					 (10) procedures per month, if the facility were operating twenty (20) or more
					 days per calendar month, in any month of a calendar year.
c. The facility applies to the licensing
					 agency for licensure as a Level I or Level II abortion facility.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 2 - TYPE OF LICENSE › Rule 15-16-1-44.2.1 - Regular License

Current through June 25, 2024
A license shall be issued to each abortion facility that
						meets the requirements as set forth in these regulations. In addition, no
						abortion facility may be licensed until it shows conformance to the regulations
						establishing minimum standards for prevention and detection of fire, as well
						as, for protection of life and property against fire. Compliance with the
						N.F.P.A. Life Safety Code 101 for doctors' office and clinics shall be
						required.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 2 - TYPE OF LICENSE › Rule 15-16-1-44.2.2 - Provisional License

Current through June 25, 2024
Within its discretion, the Mississippi Department of
						Health may issue a provisional license when a temporary condition of
						noncompliance with these regulations exists in one or more particulars. A
						provisional license shall be issued only if the Mississippi Department of
						Health is satisfied that preparations are being made to qualify for a regular
						license and that the health and safety of patients will not be endangered
						meanwhile.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 2 - TYPE OF LICENSE › Rule 15-16-1-44.2.3 - Level I Abortion Facility

Current through June 25, 2024
Level I abortion facilities shall be required to meet
						minimum standards for abortion facilities and The Minimum Standards of
						Operation For Ambulatory Surgical Facilities as established by this
						agency.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 2 - TYPE OF LICENSE › Rule 15-16-1-44.2.4 - Level II Abortion Facility

Current through June 25, 2024
Level II abortion facilities shall be required to meet
						minimum standards for abortion facilities as established by this
						agency.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 2 - TYPE OF LICENSE › Rule 15-16-1-44.2.5

Current through June 25, 2024
The following shall be codified as Section
41-75-16,
Mississippi Code of 1972:
41-75-16.
Any
						abortion facility which is in operation at the time of promulgation of any
						applicable rules or regulations or minimum standards under this chapter shall
						be given a reasonable time, under the particular circumstances not to exceed
						six (6) months from the date such are duly adopted, within which to comply with
						such rules and regulations and minimal standards.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.1 - Application and Annual Report

Current through June 25, 2024
Application for a license or renewal of a license shall
						be made in writing to the Mississippi Department of Health on forms provided by
						the Department which shall contain such information as the Mississippi
						Department of Health may require. The application shall require reasonable,
						affirmative evidence of ability to comply with these rules, regulations, and
						minimum standards.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.2 - Fee

Current through June 25, 2024
In accordance with Section
						41-7-209
						Mississippi Code of 1972, as amended, each application for initial licensure
						shall be accompanied by a fee of $3,000.00, in check or money order, made
						payable to the Mississippi Department of Health. The fee shall not be
						refundable after a license has been issued.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.3 - Renewal

Current through June 25, 2024
A license, unless suspended or revoked, shall be
						renewable annually upon payment of a renewal fee of $3,000.00 which shall be
						paid to the Mississippi Department of Health, and upon filing by the licensee
						and approval by the Mississippi Department of Health of an annual report upon
						such uniform dates and containing such information in such form as the
						licensing agency requires. Each license shall be issued only for the premises
						and person or persons named in the application and shall not be transferable or
						assignable. Licenses shall be posted in a conspicuous place on the licensed
						premises.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.4 - Name

Current through June 25, 2024
Every abortion facility designated by a permanent and
						distinctive name which shall be used in applying for a license and shall not be
						changes without first notifying the licensing agency in writing and receiving
						written approval of the change from the licensing agency. Such notice shall
						specify the name to be discontinued, as well as, the new name proposed. Only
						the official name by which the abortion facility is licensed shall be used in
						telephone listings, on stationery, in advertising, etc. Two or more abortion
						facilities shall not be licensed under similar names in the same vicinity. No
						freestanding abortion facility shall include the word "hospital" in its
						name.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.5 - Issuance of License

Current through June 25, 2024
All licenses issued by the Mississippi Department of
						Health shall set forth the name of the abortion facility, the location, the
						name of the licensee and the license number.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.6 - Separate License

Current through June 25, 2024
A separate license shall be required for abortion
						facilities maintained on separate premises even though under the same
						management. However, separate licenses are not required for buildings, on the
						same ground, which are under the same management.
Miss. Code Ann.
						§
												41-75-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 44 - MINIMUM STANDARDS OF OPERATION FOR ABORTION FACILITIES › Subchapter 3 - LICENSING › Rule 15-16-1-44.3.7 - Expiration of License

Current through June 25, 2024
Each license shall expire on June 30, following the date
						of issuance.
Miss. Code Ann.
						§
												41-75-13