Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 44 - Abortion Facilities › Subchapter A - General Provisions › Section I-4401 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Abortion
or
Induced
						Abortion
-the act of using or prescribing any instrument, medicine,
						drug, or any other substance, device, or means with the intent to terminate the
						clinically diagnosable pregnancy of a woman with knowledge that the termination
						by those means will, with reasonable likelihood, cause the death of the unborn
						child.
Such use, prescription, or means is not an abortion if
						done with the intent to:
1. save the life or preserve the health of an unborn
						child;
2. remove a dead unborn child or induce delivery of the
						uterine contents in case of a positive diagnosis, certified in writing in the
						woman's medical record along with the results of an obstetric ultrasound test,
						that the pregnancy has ended or is in the unavoidable and untreatable process
						of ending due to spontaneous miscarriage, also known in medical terminology as
						spontaneous abortion, missed abortion, inevitable abortion, incomplete
						abortion, or septic abortion; or
3. remove an ectopic pregnancy.
Active Admitting Privileges
-the
						physician is a member in good standing of the medical staff of a hospital that
						is currently licensed by the department, with the ability to admit a patient
						and to provide diagnostic and surgical services to such patient.
1. The hospital shall be located not further than 30
						miles from the location at which the abortion is performed or induced, and
						shall provide obstetrical or gynecological health care services.
2. Violations of active admitting privileges provisions
						shall be fined not more than $4,000 per violation.
Administrator
-the person responsible for
						the day-to-day management, supervision, and operation of the outpatient
						abortion facility.
Certified Registered Nurse Anesthetist
						(CRNA)
-a licensed health care practitioner who is acting within the
						scope of practice of his/her respective licensing board(s) and/or
						certifications.
Change of Ownership (CHOW)
-transfer of
						ownership to someone other than the owner listed on the initial licensing
						application or license renewal application.
Coerced Abortion
-the use of force,
						intimidation, threat of force, threat of deprivation of food and shelter, or
						the deprivation of food and shelter by a parent or any other person in order to
						compel a female child to undergo an abortion against her will, whether or not
						the abortion procedure has been attempted or completed.
CRNA
-Repealed.
Department
-the Department of Health and
						Hospitals (DHH).
Facility Need Review (FNR)
-pursuant to
						R.S.
						40:2116, a process that requires licensure
						applicants to prove the need for the services prior to applying for
						licensure.
First Trimester
-the time period up to 14
						weeks after the first day of the last menstrual period.
Genetic Abnormality
-any defect, disease,
						or disorder that is inherited genetically. The term includes, without
						limitation, any physical disfigurement, scoliosis, dwarfism, Down syndrome,
						albinism, amelia, and any other type of physical, mental, or intellectual
						disability, abnormality, or disease
General Anesthesia
-any drug, element, or
						other material which, when administered, results in a controlled state of
						unconsciousness accompanied by a partial or complete loss of protective
						reflexes, including a loss of ability to independently maintain an airway and
						respond purposefully to physical stimuli or verbal command.
Gestational Age
-the age of the unborn
						child as measured by the time elapsed since the first day of the last menstrual
						period as determined by a physician and confirmed through the use of an
						ultrasound.
Health Standards Section
(HSS)
-the Department of Health and Hospitals, Health Standards
						Section.
Medical Director
-a physician who is
						responsible for all of the medical care provided to patients in the outpatient
						abortion facility, and for the ethical and professional practices of the
						medical staff.
OSFM
-the Department of Public Safety and
						Corrections, Office of State Fire Marshal, Public Safety Services.
OPH
-the Department of Health and
						Hospitals, Office of Public Health.
Outpatient Abortion Facility
-any
						outpatient facility or clinic, other than a hospital or an ambulatory surgical
						center as defined by applicable state law, in which any second trimester or
						five or more first trimester abortions per calendar year are performed.
Patient
-the woman receiving services
						from an outpatient abortion facility.
Peer Review
-the evaluation of work by
						one or more persons of similar competence to the producers of the work.
Physician
-a doctor who possesses a
						current license to practice medicine in Louisiana, is in good standing with the
						Louisiana State Board of Medical Examiners, and whose license does not restrict
						the doctor from performing the services at the outpatient abortion
						facility.
Physician Assistant (PA)
-a licensed
						health care practitioner who is acting within the scope of practice of his/her
						respective licensing board(s) and/or certifications.
Products of Conception
-placenta,
						amniotic sac or membrane, embryo, or fetal elements that result from a human
						pregnancy.
Second Trimester
-the time period from 14
						to 23 weeks after the first day of the last menstrual period.
Secretary
-the secretary of the Louisiana
						Department of Health and Hospitals.
Telecommunications
-any means of
						transmitting messages at a distance, including but not limited to:
1. telephones;
2. cell phones;
3. pagers; or
4. other similar devices which foster
						communication.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						40:2175.1 et
						seq.