reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter H - Physical Environment › Section I-6285 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Location
					 of Therapeutic Group Homes. To ensure a more home-like setting, the TGH shall
					 be located in a residential community to facilitate community integration
					 through public education, recreation, and maintenance of family connections as
					 applicable. The setting shall be geographically situated to allow ongoing
					 participation of the childs family. The child or adolescent shall attend a
					 school in the community (e.g., a school integrated with children not from the
					 institution and not on the institutions campus). In this setting, the child or
					 adolescent remains involved in community-based activities and may attend a
					 community educational, vocational program or other treatment setting.
1. The child or adolescent may attend school
					 in an alternative setting, as approved by the local parish school board and in
					 accordance with state law, as applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter H - Physical Environment › Section I-6287 - Interior Space

Current through Register Vol. 50, No. 6, June 20, 2024
A. The arrangement,
					 appearance and furnishing of all interior areas of a TGH shall be similar to
					 those of a normal family home within the community.
B. The provider shall ensure that there is
					 evidence of routine maintenance and cleaning programs in all areas of the
					 home.
C. A home shall have a
					 minimum of 60 square feet of floor area per client in living areas accessible
					 to the clients and excluding halls, closets, bathrooms, bedrooms, staff or
					 staff's family quarters, laundry areas, storage areas and office
					 areas.
D. Client Bed Rooms
1. Single rooms shall contain at least 80
					 usable square feet and multi-bed rooms shall contain at least 50 usable square
					 feet per bed. Rooms shall have at least a 7 1/2 foot ceiling height.
2. Any client bedrooms shall not contain more
					 than two beds.
a. Exception. If a child
					 residential facility currently licensed by DCFS is converting to a TGH and has
					 more than two clients per bedroom, then the converted TGH may have bedroom
					 space that allows no more than four clients per designated bedroom.
3. There shall be at least three
					 feet between beds.
4. There shall
					 be sufficient and satisfactory separate storage space for clothing, toilet
					 articles and other personal belongings of clients.
5. There shall be a door for privacy to each
					 individual bedroom. The doors shall not be equipped with locks or any other
					 device that would prohibit the door from being opened from either
					 side.
6. There shall be a
					 functional window in each bedroom.
7. The provider shall ensure that sheets,
					 pillow, bedspread and blankets are provided for each client.
8. Each client shall have his/her own dresser
					 or other adequate storage space for private use and designated space for
					 hanging clothing in proximity to the bedroom occupied by the client.
9. No client over the age of five years shall
					 occupy a bedroom with a member of the opposite sex.
10. The provider shall ensure that the age of
					 client sharing bedroom space is not greater than four years in difference
					 unless contraindicated based on diagnosis, the treatment plan or the behavioral
					 health assessment of the client.
11. Each client shall have his/her own bed. A
					 client's bed shall be longer than the client is tall, no less than 30 inches
					 wide, of solid construction and shall have a clean, comfortable, nontoxic fire
					 retardant mattress.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter H - Physical Environment › Section I-6289 - Exterior Space Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 provider shall maintain all areas of the facility that are accessible to the
					 clients in good repair and free from any reasonably foreseeable hazard to
					 health or safety. All structures on the grounds of the facility shall be
					 maintained in good repair.
1. Garbage and
					 rubbish stored outside shall be secured in noncombustible, covered containers
					 and shall be removed on a regular basis.
2. Trash collection receptacles and
					 incinerators shall be separate from recreation/play areas and located as to
					 avoid being a nuisance.
3. Clients
					 shall have access to safe, suitable outdoor recreational space and age
					 appropriate equipment. Recreation/playground equipment shall be so located,
					 installed and maintained as to ensure the safety of the clients.
4. Areas determined unsafe, including steep
					 grades, open pits, swimming pools, high voltage boosters or high speed roads
					 shall be fenced or have natural barriers to protect clients.
5. Fences that are in place shall be in good
					 repair.
6. The provider shall
					 ensure that exterior areas are well lit at night.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter H - Physical Environment › Section I-6291 - Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Equipment shall
					 be clean and in operating condition for the safety and well-being of the
					 clients.
B. Therapeutic,
					 diagnostic and other client care equipment shall be maintained and serviced in
					 accordance with the manufacturer's recommendations.
C. Methods for cleaning, sanitizing, handling
					 and storing of all supplies and equipment shall be such as to prevent the
					 transmission of infection.
D. After
					 discharge of a client, the bed, mattress, cover, bedside furniture and
					 equipment shall be properly cleaned. Mattresses, blankets and pillows assigned
					 to clients shall be in a sanitary condition. The mattress, blankets and pillows
					 used for a client with an infection shall be sanitized in an acceptable manner
					 before they are assigned to another client.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2009.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter I - Facility Operations › Section I-6293 - Safety and Emergency Preparedness

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Safety Practices
1. A provider shall not maintain any firearms
					 or chemical weapons at any time.
2.
					 A provider shall ensure that all poisonous, toxic and flammable materials are
					 safely stored in appropriate containers and labeled as to the contents. Such
					 materials shall be maintained only as necessary and shall be used in such a
					 manner as to ensure the safety of clients, staff and visitors.
3. Adequate supervision/training shall be
					 provided where potentially harmful materials such as cleaning solvents and/or
					 detergents are used.
4. A provider
					 shall ensure that a first aid kit is available in the facility and in all
					 vehicles used to transport clients.
5. Medication shall be locked in a secure
					 storage area or cabinet.
6. Fire
					 drills shall be performed at least once a month.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter I - Facility Operations › Section I-6295 - Inactivation of License due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A TGH licensed
					 in a parish which is the subject of an executive order or proclamation of
					 emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766, may seek to inactivate its license
					 for a period not to exceed one year, provided that the following conditions are
					 met:
1. the licensed provider shall submit
					 written notification to the Health Standards Section within 60 days of the date
					 of the executive order or proclamation of emergency or disaster that:
a. the TGH has experienced an interruption in
					 the provisions of services as a result of events that are the subject of such
					 executive order or proclamation of emergency or disaster issued in accordance
					 with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the licensed TGH intends to resume
					 operation as a TGH in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole casual factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all clients have been properly discharged or transferred to
					 another provider; and
e. provides a
					 list of clients and the location of the discharged or transferred
					 clients;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter I - Facility Operations › Section I-6297 - Inactivation of License due to a Non-Declared Emergency or Disaster

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed TGH
					 provider in an area or areas which have been affected by a non-declared
					 emergency or disaster may seek to inactivate its license, provided that the
					 following conditions are met:
1. the licensed
					 TGH provider shall submit written notification to the Health Standards Section
					 within 30 days of the date of the non-declared emergency or disaster stating
					 that:
a. the TGH provider has experienced an
					 interruption in the provisions of services as a result of events that are due
					 to a non-declared emergency or disaster;
b. the licensed TGH provider intends to
					 resume operation as a TGH provider in the same service area;
c. the licensed TGH provider attests that the
					 emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d. the
					 licensed TGH providers initial request to inactivate does not exceed one year
					 for the completion of repairs, renovations, rebuilding or replacement of the
					 facility;
NOTE: Pursuant to these provisions, an extension of the
						30-day deadline for initiation of request may be granted at the discretion of
						the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Section I-6700 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Through contract
				  with Department of Health and Human Services, the state has agreed to enforce
				  certain federal regulations (Conditions of Participation) in addition to the
				  licensure regulations listed below. The federal regulations which apply to this
				  chapter are  42 CFR 405.1011  -
				  405.1042,
				  405.1317.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 40:2100-2113.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6701 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
					 regulations contain the minimum licensing standards for free-standing birth
					 centers (FSBCs). Freestanding birth centers are established for the purpose of
					 rendering birthing procedures to its clients outside of a traditional
					 hospital.
B. The care and services
					 to be provided by an FSBC shall include:
1.
					 birth-related procedures;
2.
					 criteria for admission to, continuation in, and transfer out of, the birth
					 center;
3. medications as needed
					 for clinical procedures rendered;
4. services necessary to provide for the
					 physical and emotional well-being of the clients served;
5. established consultation, assessment of
					 emergency conditions, and transfer as needed; and
6. organized administrative structure and
					 support services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6705 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 FSBCs shall be licensed by LDH. No facility, place, center, agency, person,
					 institution, corporation, partnership, unincorporated association, group, or
					 other legal entity providing FSBC services shall be established or operated
					 unless licensed as an FSBC by the department to perform such
					 services.
B. A license issued to an
					 FSBC shall be valid for one geographic location and issued to the entity or
					 person and premises named in the license application.
C. A license issued pursuant to these
					 regulations shall be valid for 12 months unless revoked or otherwise suspended
					 prior to that date, commencing with the month of issuance.
D. Unless otherwise renewed or stayed in the
					 rules promulgated by the department, a license issued pursuant to this Part
					 shall expire on the last day of the twelfth month after the date of
					 issuance.
E. A license issued
					 pursuant to this Part shall be on a form prescribed by the
					 department.
F. A license issued
					 pursuant to this Part shall not be transferable or assignable.
G. A license issued to an FSBC shall be
					 posted in a conspicuous place on the licensed premises.
H. Each FSBC shall be located within a 20
					 minutes' transport time from a general acute care hospital providing obstetric
					 services which allows for an emergency cesarean delivery to begin within 30
					 minutes of the decision by a licensed obstetrician/gynecologist physician in
					 the receiving facility that a cesarean delivery is necessary.
I. Each FSBC shall have agreements or written
					 policies and procedures with other agencies, institutions, or individuals, for
					 services to clients including, but not limited to:
1. laboratory and diagnostic
					 services;
2. obstetric consultation
					 services;
3. pediatric consultation
					 services;
4. transport
					 services;
5. obstetric/newborn
					 acute care in hospitals; and
6.
					 pharmaceutical services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6707 - Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDH HSS is
					 the only licensing authority for FSBCs in the state of Louisiana.
B. Each FSBC license shall:
1. be issued only to the person or entity
					 named in the license application;
2. be valid only for the FSBC to which it is
					 issued and only for the specific geographic address of that FSBC;
3. be valid for one year from the date of
					 issuance, unless revoked, suspended, modified or terminated prior to that date,
					 or unless a provisional license is issued:
a.
					 a provisional license shall be valid for a period not to exceed six months if
					 the department determines that there is no immediate and serious threat to the
					 health and safety of clients;
4. expire on the last day of the twelfth
					 month after the date of issuance, unless timely renewed by the FSBC;
5. not be subject to sale, assignment,
					 donation, or other transfer, whether voluntary or involuntary; and
6. be posted in a conspicuous place on the
					 licensed premises at all times.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6709 - Initial Licensure Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial application for licensing as an
					 FSBC shall be obtained from the department. A completed initial license
					 application packet for an FSBC shall be submitted to, and approved by the
					 department, prior to an applicant providing services.
B. The initial licensing application packet
					 shall include:
1. a completed licensure
					 application and the non-refundable licensing fee as established by
					 statute;
2. a copy of the approval
					 letter(s) of the architectural and licensing facility plans from the OSFM and
					 any other office/entity designated by the department to review and approve the
					 center's architectural and licensing plan review;
3. a copy of the on-site inspection report
					 with approval for occupancy by the OSFM, if applicable;
4. a copy of the on-site health inspection
					 report with approval for occupancy from the Office of Public Health
					 (OPH);
5. proof of each insurance
					 coverage as follows:
a. general liability
					 insurance of at least $300,000 per occurrence;
b. worker's compensation insurance as
					 required by state law;
c.
					 professional liability insurance of at least $100,000 per occurrence/$300,000
					 per annual aggregate, or proof of self-insurance of at least $100,000, along
					 with proof of enrollment as a qualified healthcare provider with the Louisiana
					 Patient's Compensation Fund (PCF). If the FSBC is not enrolled in the PCF,
					 professional liability limits shall be $1,000,000 per occurrence/$3,000,000 per
					 annual aggregate; and
i. Repealed.
d. the LDH HSS shall specifically
					 be identified as the certificate holder on any policies and any certificates of
					 insurance issued as proof of insurance by the insurer or producer
					 (agent);
6. proof of
					 financial viability which entails:
a. a line
					 of credit issued from a federally insured, licensed lending institution in the
					 amount of at least $25,000; or
b.
					 verification of sufficient assets equal to $25,000 or the cost of three months
					 of operation, whichever is less;
7. disclosure of ownership and control
					 information;
8. the usual and
					 customary days and hours of operation;
9. an organizational chart and names,
					 including position titles, of key administrative personnel and governing
					 body;
10. fiscal intermediary, if
					 applicable;
11. secretary of
					 state's articles of incorporation;
12. clinical laboratory improvement
					 amendments (CLIA) certificate or CLIA certificate of waiver, if
					 applicable;
13. an 8.5 by 11-inch
					 mapped floor plan; and
14. any
					 other documentation or information required by the department for
					 licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6711 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Prior to the initial license being issued, an initial onsite licensing survey
					 shall be conducted to ensure compliance with the licensing laws and standards.
1. The initial licensing survey of an FSBC
					 shall be an announced survey.
2.
					 Follow-up surveys to the initial licensing surveys may be announced or
					 unannounced surveys depending on the outcome of the initial survey.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6715 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. An FSBC license shall be valid only for
					 the person or entity named in the license application and only for the specific
					 geographic address listed on the license application.
B. Any permanent change regarding the entity
					 FSBC's name, "doing business as" name, mailing address, telephone number,
					 stated days and hours of operation, or any combination thereof, shall be
					 reported in writing to the department within five business days of the change.
1. For any temporary closures of the FSBC
					 greater than 24 hours, other than weekends or holidays, the FSBC shall notify
					 HSS in advance.
2. At any time that
					 the FSBC has an interruption in services or a change in the licensed location
					 due to an emergency, the FSBC shall notify HSS no later than the next stated
					 business day.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6717 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FSBC
					 shall submit a completed license renewal application packet to the department
					 at least 30 days prior to the expiration of the current license. The license
					 renewal application packet shall include the:
1. license renewal application;
2. non-refundable license renewal/delinquent
					 fee;
3. stated days and hours of
					 operation;
4. current State Fire
					 Marshal report;
5. current OPH
					 inspection report;
6. proof of each
					 insurance coverage as follows:
a. general
					 liability insurance of at least $300,000 per occurrence;
b. worker's compensation insurance of at
					 least $100,000 as required by state law;
c. professional liability insurance of at
					 least $100,000 per occurrence/$300,000 per annual aggregate, or proof of
					 self-insurance of at least $100,000, along with proof of enrollment as a
					 qualified healthcare provider with the PCF. If the FSBC is not enrolled in the
					 PCF, professional liability limits shall be $1,000,000 per
					 occurrence/$3,000,000 per annual aggregate; and
i. Repealed.
d. the LDH HSS shall specifically be
					 identified as the certificate holder on any policies and any certificates of
					 insurance issued as proof of insurance by the insurer or producer
					 (agent);
7. proof of
					 financial viability that entails:
a. a line
					 of credit issued from a federally insured, licensed lending institution in the
					 amount of at least $25,000; or
b.
					 verification of sufficient assets equal to $25,000 or the cost of three months
					 of operation, whichever is less; and
8. any other documentation required by the
					 department, if applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6719 - Deemed Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed
					 FSBC may request deemed status once the center becomes accredited by an LDH
					 authorized accreditation organization, or if the applicant has achieved
					 accreditation prior to initial licensure and becomes licensed.
B. The department may approve the deemed
					 status request and accept accreditation in lieu of periodic licensing surveys
					 when the provider provides documentation to the department that shows:
1. the accreditation is current and was
					 obtained through an LDH authorized accreditation organization;
2. all FSBC services provided under the FSBC
					 license are accredited; and
3. the
					 accrediting organization's findings.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6721 - Survey Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may conduct periodic licensing surveys and other surveys as deemed
					 necessary to ensure compliance with all laws, rules, and regulations governing
					 FSBCs and to ensure client health, safety, and welfare. These surveys may be
					 conducted on-site or by administrative review and shall be
					 unannounced.
B. The department may
					 require an acceptable plan of correction from the FSBC for any survey where
					 deficiencies have been cited, regardless of whether the department takes other
					 action against the FSBC for the deficiencies cited in the survey. The
					 acceptable plan of correction shall be submitted for approval to the department
					 within the prescribed timeframe.
C.
					 A follow-up survey may be conducted for any survey where deficiencies have been
					 cited to ensure correction of the deficient practices.
D. The department may issue appropriate
					 sanctions for noncompliance, deficiencies and violations of law, rules, and
					 regulations. Sanctions may include, but are not limited to:
1. civil fines;
2. directed plans of correction;
3. denial of license renewal;
					 and/or
4. license
					 revocation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6723 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 statement of deficiencies issued by the department to an FSBC shall be
					 available for disclosure to the public 30 days after the FSBC submits an
					 acceptable plan of correction to the deficiencies or 90 days after the
					 statement of deficiencies is issued to the FSBC, whichever occurs
					 first.
B. Unless otherwise provided
					 in statute or in these licensing provisions, the FSBC shall have the right to
					 an informal reconsideration of any deficiencies cited as a result of a survey
					 or investigation.
1. Correction of the
					 violation, noncompliance, or deficiency shall not be the basis for the
					 reconsideration.
2. The informal
					 reconsideration of the deficiencies shall be requested in writing within 10
					 calendar days of receipt of the statement of deficiencies, unless otherwise
					 provided in these standards.
3. The
					 request for informal reconsideration of the deficiencies shall be made to HSS
					 and will be considered timely if received by HSS within 10 calendar days of the
					 FSBC's receipt of the statement of deficiencies.
4. If a timely request for an informal
					 reconsideration is received, the department shall schedule and conduct the
					 informal reconsideration. The FSBC shall be notified in writing of the results
					 of the informal reconsideration.
5.
					 Except as provided for complaint surveys pursuant to
					 R.S.
					 40:2009.13 et seq., and as provided in these
					 licensing provisions for initial license denials, license revocations, and
					 denial of license renewals, the decision of the informal reconsideration team
					 shall be the final administrative decision regarding the
					 deficiencies.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6725 - Denial of Initial License, Revocation of License, Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may deny an application for an initial license or a license renewal,
					 or the department may revoke a license in accordance with the provisions of the
					 Administrative Procedure Act.
B.
					 Denial of an Initial License.
1. The
					 department shall deny an initial license if the initial licensing survey finds
					 that the FSBC is noncompliant with any licensing laws or regulations, or any
					 other required statutes or regulations that present a potential threat to the
					 health, safety, or welfare of the clients.
2. The department shall deny an initial
					 license for any of the reasons that a license may also be revoked or denied
					 renewal pursuant to these licensing provisions.
3. If the department denies an initial
					 license, the applicant for an FSBC license shall not render services to
					 clients.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6727 - Notice and Appeal of Initial License Denial, License Revocation, or Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of an
					 initial license denial, license revocation, or denial of license renewal shall
					 be given to the FSBC in writing.
B.
					 The FSBC has a right to an administrative reconsideration of the initial
					 license denial, license revocation, or denial of license renewal. There is no
					 right to an informal reconsideration of a voluntary non-renewal or surrender of
					 a license by the FSBC.
1. The request for the
					 administrative reconsideration shall be submitted within 15 days of the receipt
					 of the notice of the initial license denial, license revocation, or denial of
					 license renewal. The request for administrative reconsideration shall be in
					 writing and shall be forwarded to HSS.
2. The request for administrative
					 reconsideration shall include any documentation that demonstrates that the
					 determination was made in error.
3.
					 If a timely request for an administrative reconsideration is received by HSS,
					 an administrative reconsideration shall be scheduled, and the FSBC will receive
					 written notification of the date of the administrative
					 reconsideration.
4. The FSBC shall
					 have the right to appear in person at the administrative reconsideration and
					 may be represented by counsel.
5.
					 Correction of a violation or deficiency which is the basis for the initial
					 license denial, revocation, or denial of license renewal shall not be a basis
					 for reconsideration.
6. The
					 administrative reconsideration process is not in lieu of the administrative
					 appeals process.
7. The FSBC will
					 be notified in writing of the results of the administrative
					 reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6729 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in §6787 and §6789 of these licensing regulations, a license
					 shall be immediately null and void if an FSBC ceases to operate.
B. A cessation of business is deemed to be
					 effective the date on which the FSBC stopped offering or providing services to
					 the community.
C. Upon the
					 cessation of business, the FSBC shall immediately return the original license
					 to the department.
D. Cessation of
					 business is deemed to be a voluntary action on the part of the FSBC. The FSBC
					 does not have a right to appeal a cessation of business.
E. The FSBC shall notify the department in
					 writing 30 days prior to the effective date of the closure or cessation. In
					 addition to the notice, the FSBC shall submit a written plan for the
					 disposition of client clinical records for approval by the department. The plan
					 shall include the following:
1. the effective
					 date of the closure;
2. provisions
					 that comply with federal and state laws on storage, maintenance, access and
					 confidentiality of the closed provider's clients' clinical records;
					 and
3. appointed custodian(s) who
					 shall provide the following:
a. access to
					 records and copies of records to the client or authorized representative, upon
					 presentation of proper authorization(s); and
b. physical and environmental security that
					 protects the records against fire, water, intrusion, unauthorized access, loss,
					 and destruction;
4.
					 public notice regarding access to records, in the newspaper with the largest
					 circulation near the closing provider, at least 15 days prior to the effective
					 date of closure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6731 - Radiation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All equipment
					 providing a source of radiation shall be adequately shielded so as to protect
					 operators, patients, and staff members at all times.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2100-2113.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter A - General Provisions › Section I-6733 - Nursing Service Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nurses'
					 Station. A nurses' station of adequate size with chart desk and telephone shall
					 be provided in a suitable location on each nursing unit.
B. Utility Room of Space. On each nursing
					 unit an adequate, properly equipped utility space or area shall be provided for
					 the preparation, cleaning, and storage of nursing supplies and equipment which
					 is carried out on the nursing unit. This utility space shall be so arranged as
					 to provide for separation of clean and soiled supplies and equipment.
C. Toilet and Bathing Facilities. There shall
					 be at least one water closet, lavatory basin, and bathing facility reserved for
					 patient use on each patient floor and such additional toilets, lavatories, and
					 bathing facilities to adequately meet the needs of employees, professional
					 personnel, and patients on each nursing unit.
1. Grab bars properly located and securely
					 mounted shall be provided at patient bathing facilities and water
					 closets.
2. A lavatory basin shall
					 be provided in or convenient to every water closet.
3. Paper towels in a satisfactory dispenser
					 or some other acceptable type of single use towel and a satisfactory receptacle
					 for used towels shall be provided at all lavatories, except those in patients'
					 rooms.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter B - Administration and Organization › Section I-6735 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. An FSBC shall
					 have an identifiable governing body with responsibility for, and authority
					 over, the policies and activities of the FSBC, which shall include all
					 contracts. The governing body is the ultimate governing authority of the FSBC
					 and shall adopt bylaws which address its responsibilities. No contract or other
					 arrangements shall limit or diminish the responsibilities of the governing
					 body.
B. An FSBC shall have
					 documents identifying the following information regarding the governing body:
1. names and addresses of all
					 members;
2. terms of
					 membership;
3. officers of the
					 governing body; and
4. terms of
					 office for any officers.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter B - Administration and Organization › Section I-6737 - Policies and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. An FSBC
					 shall develop, implement, and maintain written policies and procedures
					 governing all services rendered at the FSBC. The FSBC shall comply with all
					 federal and state laws, rules, and regulations in the development and
					 implementation of its policies and procedures.
B. All policies and procedures shall be
					 reviewed at least annually and revised as needed.
C. Direct care staff shall have access to
					 information concerning clients that is necessary for effective performance of
					 the employee's assigned tasks.
D.
					 The FSBC shall have written policies and procedures for the maintenance and
					 security of records, specifying who shall supervise the maintenance of records,
					 who shall have custody of records, and to whom records may be
					 released.
E. The FSBC shall allow
					 designated representatives of the department, in the performance of their
					 mandated duties, to:
1. inspect all aspects of
					 an FSBC's operations which directly or indirectly impact clients; and
2. interview any staff member or
					 client.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter B - Administration and Organization › Section I-6739 - Obstetrical Department

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Obstetrical patients should not be placed in rooms with other types of
					 patients.
B. A number of beds at
					 least equal to the average daily maternity census shall be in rooms reserved
					 exclusively for obstetrical patients.
C. At least one toilet and lavatory basin
					 shall be provided for the use of obstetrical patients.
D. The arrangement of the rooms and areas
					 used for obstetrical patients shall be such as to minimize traffic of patients,
					 visitors, and personnel from other departments and prevent traffic through the
					 delivery room or rooms.
E. There
					 shall be an isolation room provided with handwashing facilities for immediate
					 segregation and isolation of a mother and/or baby with a known or suspected
					 communicable disease.
F. When
					 necessary for the same nurse to care for both obstetrical and other types of
					 patients, strict handwashing and gown technique shall be employed in giving
					 nursing care to the obstetrical patient or newborn infant.
G. Gowns worn in the nursery or delivery room
					 shall not be worn outside either of such rooms and shall not be worn outside
					 the obstetrical department.
H.
					 Children under 14 years of age shall not be admitted as visitors to the
					 obstetrical department.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2100-2113.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter B - Administration and Organization › Section I-6741 - Delivery and Post-Partum

Current through Register Vol. 50, No. 6, June 20, 2024
A. There
					 shall be satisfactory provision for patients in labor, either in the patient's
					 private room used exclusively during labor for obstetrical patients or in a
					 designated special labor room. A crib style bed or beds provided with side
					 rails shall be available.
B.
					 Additional labor bed or beds shall be provided as required by the patient
					 load.
C. There shall be a special
					 room properly equipped as a delivery room and used for obstetrical
					 purposes.
D. There shall be hand
					 scrub facilities, including a sink with foot, knee, or elbow faucet control,
					 adjacent to or in the delivery room.
E. There shall be adequate provision for
					 washing instruments, utensils, and equipment which are cleaned within the
					 delivery suite.
F. A nurse shall be
					 in attendance during labor and delivery of a patient.
G. A standard technique in postpartum nursing
					 care shall be established and practiced at the discretion of the attending
					 physician.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2100-2113.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6743 - Prohibitions to Admission or Continued Care in an FSBC

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FSBC shall not knowingly accept or
					 thereafter maintain responsibility for the prenatal or intrapartum care of a
					 woman who:
1. has had a previous cesarean
					 section or other known uterine surgery such as hysterotomy or
					 myomectomy;
2. has a history of
					 difficult to control hemorrhage with previous deliveries;
3. has a history of thromboembolism, deep
					 vein thromboembolism, or pulmonary embolism;
4. is prescribed medication for diabetes, or
					 has hypertension, Rh disease isoimmunization with positive titer, active
					 tuberculosis, active syphilis, active gonorrhea, HIV positive or is otherwise
					 immunocompromised, epilepsy, hepatitis, heart disease, kidney disease, or blood
					 dyscrasia;
5. contracts primary
					 genital herpes simplex during the pregnancy or manifests active genital herpes
					 during the last four weeks of pregnancy;
6. has a contracted pelvis;
7. has severe psychiatric illness or a
					 history of severe psychiatric illness in the six-month period prior to
					 pregnancy;
8. has been prescribed
					 narcotics in excess of three months during the pregnancy or is addicted to
					 narcotics or other drugs;
9.
					 ingests more than 2 ounces of alcohol or 24 ounces of beer a day on a regular
					 day or participates in binge drinking;
10. smokes 20 cigarettes or more per day, and
					 is not likely to cease in pregnancy;
11. has a multiple gestation;
12. has a fetus of less than 37 weeks
					 gestation at the onset of labor;
13. has a gestation beyond 42 weeks by
					 dates;
14. has a fetus in any
					 presentation other than vertex at the onset of labor;
15. has a fetus with suspected or diagnosed
					 congenital anomalies that may require immediate medical intervention;
16. has preeclampsia;
17. has a parity greater than five, with poor
					 obstetrical history;
18. is younger
					 than 16 or a primipara older than 40;
19. has been taking medications known to
					 cause Neonatal Abstinence Syndrome;
20. has history of congenital heart
					 disease;
21. has history of cardiac
					 surgery(ies); or
22. labors greater
					 than the 12-18 hours after rupture of membranes with no cervical
					 change.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6745 - Admissions and Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 FSBC shall have written admission and assessment policies and criteria in
					 accordance with the licensed healthcare practitioner's scope of practice. The
					 FSBC shall have policies/procedures and written criteria for the evaluation of
					 risk status, admission, transfer, discharge, and complications requiring
					 medical or surgical intervention. The policies and procedures and written
					 criteria shall be developed, implemented, enforced, monitored, and reviewed
					 annually by the clinical staff and approved by the governing body.
B. An FSBC shall ensure that each client has
					 the appropriate pre-natal and postpartum assessments completed, inclusive of
					 the FSBC's ability to provide services needed in the postpartum period in
					 accordance with the prescribed plan of care, and discharge plans to home or
					 another licensed facility setting. The FSBC shall ensure that any length of
					 client care does not exceed 23 hours postdelivery.
C. The history and physical assessment prior
					 to delivery shall specify that the client is clinically cleared for delivery in
					 an FSBC and meets the requirements for FSBC services and this Chapter pursuant
					 to applicable state statutes.
D.
					 Upon admission, each client shall have a perinatal assessment completed by
					 qualified personnel. The perinatal assessment shall include, at a minimum:
1. an updated clinical record entry
					 documenting an examination for any changes in the client's condition since
					 completion of the most recently documented clinical history and physical
					 assessment;
2. documentation of any
					 known allergies to drugs and/or biological agents; and
3. documentation of a standardized risk
					 assessment for postpartum hemorrhage.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6747 - Required Newborn Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 delivery shall be attended by two qualified personnel currently trained in:
1. the use of emergency equipment;
2. adult cardiopulmonary resuscitation
					 equivalent to American Heart Association Class C Basic Life Support;
					 and
3. Neonatal Resuscitation
					 Program endorsed by the American Academy of Pediatrics/American Heart
					 Association.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6749 - Physician Evaluation of Newborn

Current through Register Vol. 50, No. 6, June 20, 2024
A. The licensed healthcare practitioner shall
					 recommend that any infant delivered by the licensed healthcare practitioner be
					 evaluated by a pediatrician or primary care physician within three days of age
					 or sooner if it becomes apparent that the newborn needs medical attention for
					 problems associated with, but not limited to, congenital or other
					 anomalies.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2180.21-2180.28.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6751 - Required Physician Consultation, Postpartum Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. The licensed healthcare practitioner shall
					 obtain medical consultation or refer for emergent medical care any woman who,
					 during the postpartum period:
1. has a
					 third-degree or fourth-degree perineal laceration;
2. has uterine atony;
3. bleeds in an amount greater than 500
					 milliliters and still continuing to bleed;
4. does not urinate or empty her
					 genitourinary bladder within two hours of birth;
5. develops a fever greater than 100.4
					 degrees Fahrenheit or 38 degrees Centigrade on any two of the first 10 days
					 postpartum, excluding the first 24 hours;
6. develops foul smelling lochia;
					 or
7. develops blood pressure below
					 100/50 if pulse exceeds 100, pallor, cold clammy skin, and/or weak
					 pulse.