reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 751 - Organization And Administration › Section 751.8 - Quality assurance program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The operator shall ensure the development and implementation of a written
					 quality assurance program that includes a planned and systematic process for
					 monitoring and assessing the quality and appropriateness of patient care and
					 clinical performance on an ongoing basis. The program shall resolve identified
					 problems and pursue opportunities to improve patient care.
(b) The program shall be supervised by the
					 medical director.
(c) There shall
					 be a written plan for the quality assurance program which describes the
					 program's objectives, organization, responsibilities of all participants, scope
					 of the program and procedures for overseeing the effectiveness of monitoring,
					 assessing and problem-solving activities.
(d) The quality assurance process shall
					 define methods for the identification and selection of clinical and
					 administrative problems to be reviewed. The process shall include but not be
					 limited to:
(1) the establishment of review
					 criteria developed in accordance with current standards of professional
					 practice for monitoring and assessing patient care and clinical
					 performance;
(2) regularly
					 scheduled reviews of medical charts, patient complaints and suggestions,
					 reported incidents and other documents pertinent to problem
					 identification;
(3) documentation
					 of all quality assurance activities, including but not limited to the findings,
					 recommendations and actions taken to resolve identified problems; and
(4) the timely implementation of corrective
					 actions and periodic assessments of the results of such actions.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 751 - Organization And Administration › Section 751.10 - Adverse event reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any adverse
					 event required to be reported pursuant to subdivision (b) of this section shall
					 be reported to the department within 24 hours or one business day of when the
					 adverse event occurred or when the center has reasonable cause to believe that
					 such an adverse event has occurred. This notification shall be submitted in a
					 format specified by the department and shall at least include: the date, the
					 nature, classification, and location of the adverse event and medical record
					 numbers of all patients directly affected by the adverse event.
(b) Adverse events to be reported are:
(1) patients' deaths in circumstances other
					 than those related to the natural course of illness, disease or proper
					 treatment in accordance with generally accepted medical standards;
(2) injuries and impairments of bodily
					 functions, in circumstances other than those related to the natural course of
					 illness, disease or proper treatment in accordance with generally accepted
					 medical standards that necessitate additional or more complicated treatment
					 regimens or that result in a significant change in patient status;
(3) equipment malfunction or equipment user
					 error during treatment or diagnosis of a patient which results in death or
					 serious injury of a patient;
(4)
					 patient elopements resulting in death or serious injury;
(5) abduction of a patient of any
					 age;
(6) sexual abuse/sexual
					 assault on a patient or staff member within or on the grounds of a
					 center;
(7) physical assault of a
					 patient or staff member within or on the grounds of a center;
(8) discharge or release of a patient of any
					 age, who is unable to make decisions, to other than an authorized
					 person;
(9) patient or staff death
					 or serious injury associated with a burn incurred from any source in the course
					 of a patient care process;
(10)
					 patient suicide, attempted suicide or self harm resulting in serious
					 injury;
(11) poisoning occurring
					 within the center;
(12) fires or
					 other internal disasters in the center which disrupt the provision of patient
					 care services or cause harm to patients or staff members;
(13) disasters or other emergency situations
					 external to the center environment which affect center operations;
(14) termination of any services vital to the
					 continued safe operation of the center or to the health and safety of its
					 patients and staff members, including but not limited to the termination of
					 telephone, electric, gas, fuel, water, heat, air conditioning, rodent or pest
					 control, laundry services, food, or contract services; and
(15) strikes by staff members.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 751 - Organization And Administration › Section 751.11 - Center accreditation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Centers must comply with the operational standards set forth in this Article 6
					 of Subchapter C of Chapter V of this Title. The commissioner may accept as
					 evidence of compliance with the minimum operational standards of this Article 6
					 of Subchapter C of Chapter V of this Title, accreditation by an accreditation
					 agency to which the Centers for Medicare and Medicaid Services has granted
					 deeming status and which the commissioner has determined has accrediting
					 standards sufficient to assure the commissioner that centers so accredited are
					 in compliance with such operational standards. The commissioner can choose to
					 enter into collaborative agreements with such accreditation agencies so that
					 the accreditation agency's accreditation survey can be used in lieu of a
					 departmental survey. A list of accreditation agencies with which the department
					 has a collaborative agreement will be posted on the department's website. These
					 provisions shall apply provided that:
(1)
					 there are no constraints placed upon release of the accreditation agency survey
					 report, plan of correction, interim self-evaluation report, certificate of
					 accreditation, notice on noncompliances, or such other material which the
					 commissioner has accepted under this section; and
(2) the center is at all times subject to a
					 survey for compliance with Article 6 of Subchapter C of Chapter V of this Title
					 as deemed necessary by the commissioner.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 751 - Organization And Administration › Section 751.12 - Validity

Current through Register Vol. 46, No. 28, July 10, 2024
If any clause, sentence, paragraph or section of this
						Part shall be adjudged by any court of competent jurisdiction to be invalid,
						such judgment shall not affect, impair or invalidate the remainder thereof, but
						shall be confined in its operation to the clause, sentence, paragraph or
						section thereof directly involved in the controversy in which such judgment
						shall have been rendered.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-1 - Center Services › Section 752-1.1 - Professional services

Current through Register Vol. 46, No. 28, July 10, 2024
Professional services are those health care services
						  provided by individuals licensed pursuant to title 8 of the Education Law, and
						  include, but are not limited to, those services provided by audiologists,
						  certified social workers, dentists, occupational therapists, optometrists,
						  physical therapists, physicians, podiatrists, psychologists, registered
						  professional nurses and speech-language pathologists. For each professional
						  service provided, the operator shall ensure that:
(a) services are provided in accordance with
						current standards of professional practice;
(b) there is participation by professionals,
						as appropriate, in the center's, quality assurance program in accordance with
						the requirements set forth in section
						751.8 of this Title;
(c) there is a professional person designated
						to be responsible for the direction of each professional service and the
						service is within their scope of practice;
(d) treatment is given upon the written order
						or referral of a physician or dentist for physical therapy and speech-language
						pathology services and upon written order or a referral of a physician for
						occupational therapy services; and
(1) a
						written plan of care and results of treatment is reviewed at least every 30
						days by the physician and appropriate professional staff except when an order
						or referral specifies treatment of a longer duration, in which case the plan of
						care is reviewed by the physician and appropriate professional staff at least
						every 90 days;
(2) a qualified
						occupational therapist or physical therapist provides onsite supervision when
						certified occupational therapy assistants or physical therapy assistants
						provide care;
(3) each qualified
						occupational therapist or physical therapist supervises no more than four
						certified occupational therapy assistants or physical therapy assistants;
						and
(4) a qualified occupational
						therapist or physical therapist countersigns all reports written in the medical
						record by certified occupational therapy assistants or physical therapy
						assistants.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-1 - Center Services › Section 752-1.2 - Physician's assistants and specialist's assistants

Current through Register Vol. 46, No. 28, July 10, 2024
The services of physician's assistants and specialist's
						  assistants shall be provided in compliance with the requirements of Parts 94
						  and 707 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-1 - Center Services › Section 752-1.3 - Diagnostic and therapeutic radiology

Current through Register Vol. 46, No. 28, July 10, 2024
When this service is provided, the operator shall
						  ensure that:
(a) a physician is
						responsible for the direction of this service;
(b) the services of a qualified specialist in
						radiology, as defined in section
						700.2 of this Title, are provided
						or arranged for as needed;
(c) the
						radiographic procedures requiring the use of contrast media or fluoroscopic
						interpretation and control are performed with the active participation of a
						qualified specialist in diagnostic radiology or a physician qualified in a
						medical specialty related to the radiographic procedure and, that emergency
						equipment and staff trained in its use shall be available for anaphylactic
						shock reactions;
(d) a qualified
						specialist in radiotherapy is on the premises at all times when treatments are
						administered and a qualified radiation physicist is available for consultation
						when radiotherapeutic services are provided;
(e) the ordering and the interpretation of
						radiographs is done by a qualified physician, dentist, registered physician's
						assistant or registered specialist's assistant;
(f) the diagnostic and therapeutic
						radiological services are provided only where there is an adequate physical
						plant, adequate equipment and proper safety precautions and the radiological
						facilities are in compliance with Part 16 of this Title, or for facilities
						located in New York City, article 175 of the New York City Health Code. Copies
						of article 175 (Radiation Control) of the New York City Health Code are
						available from the City of New York, City Books, One Centre Street, Municipal
						Building,, New York, NY 10007. Copies are also available for public inspection
						and copying at the Records Access Office, New York State Department of Health,
						Corning Tower, Nelson A. Rockefeller Empire State Plaza, Albany, NY
						12237;
(g) radiological and
						teletherapy equipment is operated only by appropriate persons licensed by the
						New York State Education Department or the New York State Department of Health,
						in conformance with Part 89 of this Title; and
(h) the diagnostic and therapeutic
						radiological services are provided in accordance with current standards of
						professional practice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-1 - Center Services › Section 752-1.4 - Clinical laboratory

Current through Register Vol. 46, No. 28, July 10, 2024
When laboratory services are provided, the operator
						  shall ensure that the laboratory complies with the certification and permit
						  requirements of article 5, title V of the Public Health Law. If the center
						  makes arrangements for the provision of clinical laboratory services with a
						  laboratory outside the center, the operator shall also ensure that any such
						  laboratory has a current valid laboratory permit as required by article 5,
						  title V of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-1 - Center Services › Section 752-1.5 - Pharmaceutical provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that:
(a) when there is a pharmacy onsite, it is
						registered with the State Education Department and meets applicable sections of
						Part 80 of this Title:
(1) the pharmacy is
						under the direction and supervision of a qualified pharmacist;
(2) there is a pharmaceutical services
						committee which shall include, but need not be limited to, the medical
						director, administrator, pharmacist and, when nursing services are provided, a
						registered professional nurse. The committee shall:
(i) meet as necessary but at least once every
						six months;
(ii) establish and
						maintain a formulary available to all staff members authorized to prescribe
						medications; and
(iii) be
						responsible for the development, implementation and review of policies and
						procedures for obtaining, dispensing, controlling, storing, administering and
						utilizing medications and biologicals in the center, and other related
						pharmaceutical matters;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-2 - Up-graded Diagnostic And Treatment Center Services › Section 752-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
						this subpart, an upgraded diagnostic and treatment center (UD&TC) shall
						mean a general hospital that has relinquished its inpatient acute care bed
						capacity or a diagnostic and treatment center established pursuant to article
						28 of the Public Health Law, which possesses a valid operating certificate, is
						in substantial compliance with all other applicable State and Federal
						requirements and;
(1) complies with the
						provisions of this section and the provisions of Parts 750, 751 and Parts 752
						through 756 of this title, as appropriate;
(2) participates in a rural health network or
						a central services facility rural health network as defined in subdivision (c)
						of this section;
(3) has a formal
						affiliation with a general hospital that complies with all provisions of Part
						405 of this Title;
(4) is located
						in a rural area, defined as any county with less than 200,000 persons or any
						town which has a population of less than 200 persons per square mile, or if
						approved by the commissioner, any town which has a population of less than 250
						persons per square mile.
(5) in
						addition to primary ambulatory care services, may provide limited emergency
						care services; and
(6) is
						designated by the Commissioner of Health to operate as an up-graded diagnostic
						and treatment center pursuant to guidelines developed by the commissioner and
						the provisions of Part 710 of this Title as appropriate. The guidelines for
						designation may be obtained from the commissioner and shall be published in the
						New York State Register. Upon designation, a UD&TC shall remain subject to
						all other requirements of this Title and the Public Health Law applicable to
						hospitals, including those pertaining to operating certificates and which shall
						also apply to the proposed revocation, suspension, limitation or annulment of a
						UD&TC designation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-2 - Up-graded Diagnostic And Treatment Center Services › Section 752-2.2 - Limited emergency services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						General.
(1) The operator shall assure that
						limited emergency services are provided in accordance with this subdivision or
						subdivisions (b) and (c) of this section as appropriate.
(2) When limited emergency services are
						provided by an upgraded diagnostic and treatment center, the governing body
						through its medical/professional staff shall assure:
(i) the availability of limited emergency
						services on a 24-hour a day basis, seven days a week, within a network-wide
						emergency medical services (EMS) system as defined by a network operational
						plan or cooperative agreement; and
(ii) the availability of a 24-hour a day,
						continuous on-line communications link with its affiliated hospital(s) and
						other appropriate providers of emergency services, medical backup,
						consultation, inter-facility transport and medical control.
(3) UD&TCs that do not provide
						24-hour a day on-site limited emergency services shall ensure that:
(i) patients in need of emergency care and
						arriving at the facility during non-operating hours are provided with
						information necessary to contact center personnel responsible for
						arranging/providing needed emergency care; and
(ii) EMS/ambulance personnel are able, at all
						times, to contact center personnel responsible for arranging/providing needed
						emergency care to facilitate appropriate patient disposition.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-2 - Up-graded Diagnostic And Treatment Center Services › Section 752-2.3 - Hospital transfer and emergency medical transport

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that:
(a) utilization of protocols in combination
						with continuous communication with medical control shall be used to determine
						if the patient:
(1) requires immediate
						transport to another more appropriate facility;
(2) requires immediate stabilization and
						subsequent transport to another more appropriate facility;
(3) requires stabilization, observation and
						possible transfer to another facility; or
(4) may be treated and discharged within a
						reasonable length of time, as the patient's needs can be met by the resources
						of the center;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-2 - Up-graded Diagnostic And Treatment Center Services › Section 752-2.4 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
When limited emergency care services are offered by an
						  UD&TC the operator shall ensure that:
(a) such care is provided in a specifically
						designated area of the center that is staffed, equipped, and maintained during
						posted hours, and that the center is capable of providing care to patients with
						urgent and limited emergent medical problems and of ensuring that the services
						of a physician, physician's assistant or nurse practitioner with training
						and/or experience in emergency care, including advanced cardiac life support
						(ACLS), are immediately available by telephone or radio contact as established
						through written agreement with network providers, and available on site at the
						center within 30 minutes on a 24-hour a day basis. The UD&TC shall also:
(1) participate in the development and
						implementation of an EMS plan that shall be a component of the cooperative
						agreement or operational plan for the network within which the UD&TC
						operates. The plan must be acceptable to existing local EMS system and to
						service delivery providers operating within the network service area in order
						to ensure the provision of the services described above. In addition the
						operator shall:
(i) post hours of operation
						publicly in the communities it serves and make them available to the designated
						medical control facility for the network;
(ii) change posted hours of operation only
						after a specified notification period to insure the community has had ample
						warning of such changes;
(iii)
						install and maintain a radio operated or dedicated phone line (call box)
						outside the center to provide continuous contact with medical control and
						appropriate providers of advice and/or emergency transport for patients who may
						arrive at the center after operating hours; and
(iv) develop written polices and protocols
						for medical control. Such protocols shall be developed in conjunction with
						appropriate network providers, entities providing medical control services,
						consistent with area and regional EMS protocols, and be approved by the area
						Regional Emergency Medical Advisory Committee (REMAC);
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-2 - Up-graded Diagnostic And Treatment Center Services › Section 752-2.5 - Medical/professional staff

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that:
(a) in addition to the requirements set forth
						in section
						751.4 of this Title, the medical
						director is a licensed and currently registered doctor of medicine or
						osteopathy who is board-certified, or board-eligible for a period not to exceed
						five years after the physician first attained board eligibility, in emergency
						medicine, surgery, internal medicine, pediatrics or family practice, has
						successfully completed a course and is currently certified in ACLS or has
						training and experience equivalent to ACLS and is certified in advanced trauma
						life support (ATLS) and/or pediatric advanced life support (PALS) or has
						training and experience equivalent to ATLS and/or PALS;
(b) in addition to the requirements set forth
						in section
						751.6 of this Title, the emergency
						service will be staffed by a physician's assistant, nurse practitioner or
						registered professional nurse who has successfully completed a course and is
						currently certified in ACLS or has training and experience equivalent to ACLS
						and who preferably is certified in ATLS and/or PALS or has training and
						experience equivalent to ATLS and/or PALS; and
(c) nursing services are staffed by
						experienced registered and/or licensed practical nurses to assure that the
						nursing needs of all emergency patients are met;
(1) patient care responsibilities are
						delineated in writing for all nursing service personnel;
(2) nursing services are provided in
						accordance with current standards of professional practice; and
(3) a registered professional nurse with
						training and current certification in trauma nurse care coordination (TNCC) is
						in charge of nursing services in the emergency care services unit.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 752 - Center Services › Subpart 752-2 - Up-graded Diagnostic And Treatment Center Services › Section 752-2.6 - Quality assurance and utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to meeting the requirements set forth in
						  section 751.8 of this Title, the quality
						  assurance program of the UD&TC shall be developed and implemented for all
						  services in accordance with the on-going quality assurance program of the
						  affiliated general hospital, at a minimum, and preferably, with a network
						  quality assurance program should one exist.
(a) The UD&TC's quality assurance program
						shall be coordinated jointly with a general hospital participating in the
						network. This program should include provisions for risk management, quality
						improvement, and utilization review involving prospective, concurrent and
						retrospective analyses.
(b) If
						there is a network-wide quality assurance program, the center shall coordinate
						its quality assurance activities with such program to enhance the quality of
						patient care and to identify and prevent incidents of malpractice, and to
						implement the required medical malpractice prevention program.
(c) The UD&TC's quality assurance program
						shall utilize a performance-based approach, as well as:
(1) an established set of written criteria
						for care, using both process and outcome measures;
(2) a mechanism for tracking patients
						throughout the provider network and analyzing negative outcomes that result
						from the lack of access to and/or availability of needed care; such mechanism
						may include a network-wide patient registry or medical records system;
						and
(3) a dedicated, continuous
						on-line information system for linking the UD&TC with the facility or
						facilities providing network core services and other appropriate primary care
						and emergency services providers as identified by the governing body of the
						network.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 753 - Family Planning Services › Section 753.1 - Family planning services

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this section, family planning services
						shall mean the planning and spacing of children by medically acceptable
						methods, not including the performance of abortions, to achieve pregnancy or to
						prevent uninattended pregnancy. Nothing herein precludes approval of a family
						planning center to provide abortion services under Part 756 of this Title or
						limits the ability of a family planning center to offer information and
						referral services concerning abortion. When family planning services are
						provided, the operator shall ensure that:
(a) all medically acceptable methods for the
					 prevention of unplanned pregnancy, screening for cervical and breast cancer,
					 the prevention of and screening for sexually transmissible diseases and
					 infertility diagnosis and treatment are made available at the center or by
					 prompt referral to a health care facility or health care practitioner for
					 service(s) not available at the center;
(b) referral is made to other providers of
					 health services as indicated by the patient's needs and documented in the
					 patient's medical record;
(c)
					 information is provided regarding all medically acceptable family planning
					 methods; and
(d) the services
					 provided to each patient upon admission and as medically indicated thereafter
					 shall include as a minimum:
(1) the provision
					 of information of sufficient scope regarding all medically acceptable methods
					 of preventing unplanned pregnancy to enable the patient to give informed
					 consent prior to the initiation of any contraceptive method;
(2) a medical history and examination
					 sufficient to enable the patient to make an informed selection of any
					 appropriate family planning method;
(3) as appropriate, a physical examination
					 including but not limited to, a screening for pregnancy, pelvic abnormality,
					 cervical cancer, sexually transmissible diseases, hypertension, anemia,
					 glycosuria and proteinuria; and
(4)
					 post-examination interview, counseling and instruction regarding the specific
					 contraceptive method of choice;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A birth center
					 is a diagnostic and treatment center organized to provide care to low-risk
					 patients during pregnancy, labor and delivery who require a stay of less than
					 24 hours after birth. Services are provided by a physician or licensed midwife
					 to women during a normal and an uncomplicated pregnancy, labor, birth and
					 puerperium. Birth center services are based on a philosophy that promotes a
					 family-centered approach to care and views pregnancy and delivery as a normal
					 physiological process requiring limited technological and pharmacological
					 support. The center services are designed to meet the specific needs of the
					 population being served and promote optimum pregnancy outcomes. The licensed
					 midwife or physician provides care for the low-risk woman during pregnancy and
					 stays with her during labor from the time of admission to the birth center
					 through the immediate postpartum period providing continuous physical and
					 emotional support, evaluating progress, facilitating family interaction and
					 assisting the woman in labor and delivery. Nurse practitioners may provide
					 prenatal and post partum care to birthing center patients. They may also
					 provide supportive care during labor and delivery, but the attending provider
					 for birth must be a physician or licensed midwife.
(b) A patient at low risk means a patient
					 with a normal medical, surgical and obstetrical history and a normal,
					 uncomplicated prenatal course as determined by adequate prenatal care, and
					 prospects for a normal uncomplicated birth. A pregnant woman, parturient or
					 newborn shall be determined as low risk during the prenatal period, intrapartum
					 and postpartum by the use of standardized criteria based on generally accepted
					 standards of professional practice such as those approved by the department's
					 Prenatal/Perinatal Advisory Council Subcommittee on Birth Centers in Guidelines
					 for Birth Centers in New York State.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.2 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
When birthing center services are provided the operator
						shall ensure that:
(a) only those
					 women for whom a prenatal and intrapartum history, physical examination and
					 laboratory screening procedures have demonstrated the expectation of a normal,
					 uncomplicated course of pregnancy and labor are admitted and cared for at the
					 birth center;
(b) written policies,
					 procedures and standard risk assessment criteria for determining low- risk
					 pregnancies based upon generally accepted standards of practice are developed
					 and implemented;
(c) written
					 policies, procedures and protocols for the management of care are implemented
					 in accordance with birth center philosophy;
(d) a physician or licensed midwife reviews
					 the content of the informed consent form with each woman, and a copy is given
					 to the woman before signing;
(e)
					 there is a transfer agreement with a hospital(s) located within 20 minutes'
					 transport time from the birth center to the transfer hospital for medical care
					 of a woman or an infant when complications arise during the antepartum,
					 intrapartum, postpartum or newborn period, written in accordance with section
					 400.9 of this Title;
(f) support services such as laboratory,
					 radiology and family planning services not provided by the birth center are
					 available by referral;
(g) the
					 birth center services are available 24 hours a day for the admission of women,
					 professional consultation and prompt response to inquiries;
(h) kitchen facilities are available to
					 enable families to store and prepare food brought in for the laboring family;
					 and
(i) the birth center takes
					 action in accordance with the requirements of section
					 405.21(c)(13) of
					 this Title with respect to a voluntary acknowledgment of paternity for a child
					 born out of wedlock.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.3 - Service restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that:
(a) only women assessed as being low-risk by
					 application of risk assessment criteria during pregnancy, labor, birth and
					 puerperium are admitted and cared for at the birth center;
(b) surgical procedures are limited to those
					 which may be performed during and after uncomplicated childbirth such as
					 episiotomy and repair. Other surgical procedures, including forceps and vacuum
					 extraction will not be permitted;
(c) general and regional anesthesia are not
					 administered at the center; and
(d)
					 labor is not induced, inhibited, stimulated or augmented with pharmacological
					 agents acting directly on the uterus during the first or second stages of
					 labor.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.4 - Hospital transfer procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 There are written plans and procedures for the transfer of a woman or an infant
					 to the obstetrical or pediatric services of the transfer hospital(s) when
					 complications arise of an emergency nature. Such plans and procedures shall
					 include arrangements for an ambulance service and, when appropriate, the escort
					 of the patient to the admitting facility by a clinical staff member of the
					 birth center.
(b) The operator, in
					 collaboration with the transfer hospital(s), shall develop a list of indicators
					 necessitating transfer and a written procedure for automatic acceptance of such
					 transfers by the transfer hospital.
(c) There shall be a system to ensure that a
					 copy of the medical record accompanies the patient upon transfer to the
					 hospital.
(d) There shall be an
					 established mechanism for jointly reviewing all transfer cases by the transfer
					 hospital(s) and the center as part of the quality assurance program specified
					 in section
					 754.9 of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.5 - Medical director and medical consultants

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall:
(a) appoint a medical director who:
(1) is a qualified specialist, as defined in
					 section 700.2 of this Title, in
					 obstetrics/gynecology or family practice;
(2) has obstetrical privileges that include
					 admission and care of maternity patients at the hospital(s) used for transfer.
					 In the absence of obstetrical privileges at the transfer hospital(s), there
					 must be formal arrangements for the provision of obstetrical care at the
					 transfer hospital(s);
(3) approves
					 all policies, procedures and protocols for the medical management of
					 care;
(4) approves standardized
					 criteria for admission screening and monitoring the risk status of each mother
					 during pregnancy, labor, birth and postpartum; and
(5) is available for consultation and
					 referral or has made arrangements with a qualified physician for these
					 services;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.6 - Clinical staff

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that:
(a) a licensed midwife or an obstetrician or
					 a family practitioner attends each woman in labor from the time of admission,
					 during labor, during the birth and through the immediate postpartum period.
					 Such attendance may be delegated only to another licensed midwife or
					 physician;
(b) a second staff
					 person is also present at each birth who:
(1)
					 is under the supervision of the licensed midwife or physician in
					 attendance;
(2) has specialized
					 training in labor and delivery techniques and care of the newborn;
					 and
(3) receives planned and
					 ongoing training as needed to perform assigned duties effectively;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.7 - Services for the care of mothers and newborns

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that the birth center provides
						at least the following:
(a) admission
					 screenings to assure that only low risk women are admitted to the birth
					 center;
(b) active participation by
					 women and families in their own health care plan to include but not be limited
					 to:
(1) orientation to the birth center
					 services and its philosophy and goals preceding registration; and
(2) attendance at prenatal education classes
					 approved by the clinical staff which address, as a minimum, labor and delivery,
					 infant care and feeding, parenting, nutrition, the effects of smoking, alcohol
					 and other drugs on the fetus, what to expect if transferred, and the newborn
					 screening program with the distribution of newborn screening educational
					 literature;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.8 - Medical records

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that, in addition to meeting
						the requirements in section
						751.7 of this Title:
(a) The medical record for each woman
					 admitted to the birth center shall contain the following information:
(1) results of physical and risk
					 assessments;
(2) maternal history,
					 to include medical, surgical, gynecological and psychosocial history;
(3) informed consent for birth center
					 services;
(4) ongoing assessments
					 of fetal growth and development;
(5) periodic evaluations of maternal
					 health;
(6) results of laboratory
					 tests;
(7) labor and birth
					 information;
(8) newborn physical
					 assessment, including APGAR scores, maternal-newborn interaction, ability to
					 feed, eye prophylaxis, vital signs and accommodation to extrauterine
					 life;
(9) postpartum
					 assessment;
(10) discharge and
					 follow-up plans;
(11) home visit
					 reports;
(12) birth center
					 follow-up visit report; and
(13)
					 documentation of family planning counseling and the arrangements made for
					 family planning services, if any.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.9 - Quality assurance

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to meeting the requirements set forth in
						section 751.8 of this Title, the operator
						shall ensure that there is a review of all mother and/or newborn hospital
						transfers, with reasons for such transfers documented. Findings from these
						reviews shall be used in the development and revision of policies and in the
						consideration of renewing or granting staff privileges.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.10 - Emergency care

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall ensure that:
(a) emergency equipment and supplies approved
					 by the medical director are available for use and include at least the
					 following:
(1) intravenous therapy
					 equipment;
(2) infant
					 warmer;
(3) infant transport
					 equipment;
(4) oxygen and oxygen
					 administration equipment for mother and infant;
(5) airways and manual breathing bags for
					 mother and infant;
(6) suction
					 machines and equipment for mother and infant;
(7) infant laryngoscope and endotracheal
					 tubes; and
(8) medications and
					 intravenous fluids with supplies and equipment for administration;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 754 - Birth Center Services › Section 754.11 - Validity

Current through Register Vol. 46, No. 28, July 10, 2024
If any clause, sentence, paragraph or section of this
						Part shall be adjudged by any court of competent jurisdiction to be invalid,
						such judgment shall not affect, impair or invalidate the remainder thereof, but
						shall be confined in its operation to the clause, sentence, paragraph or
						section thereof directly involved in the controversy in which such judgment
						shall have been rendered.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 755 - Free-standing And Off-site Hospital Based Ambulatory Surgery Services › Section 755.1 - Ambulatory surgery definition

Current through Register Vol. 46, No. 28, July 10, 2024
An ambulatory surgery service is a service organized to
						provide those surgical procedures which need to be performed for safety reasons
						in an operating room on anesthetized patients requiring a stay of less than 24
						hours' duration. These procedures do not include those outpatient surgical
						procedures which can be performed safely in a private physician's office or an
						outpatient treatment room. Ambulatory surgery services may be provided in a
						free-standing ambulatory surgery center or a hospital-based ambulatory surgery
						center. Hospital-based ambulatory surgery centers may be on-site or off-site,
						as described in section
						405.20 of this Title. The
						provisions of this Part shall be applicable to free-standing ambulatory surgery
						centers and off-site hospital-based ambulatory surgery
						centers.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 755 - Free-standing And Off-site Hospital Based Ambulatory Surgery Services › Section 755.2 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
When ambulatory surgery services are provided, the
						operator shall ensure that:
(a) there
					 is a documented plan and procedure for the transfer of patients to a nearby
					 hospital when hospitalization is indicated. Such plans shall include
					 arrangements for an ambulance service and, when appropriate, escort of the
					 patient to the hospital by a clinical staff member of the ambulatory surgery
					 service;
(b) the specific
					 ambulatory surgical procedures which each physician and dentist is qualified
					 and competent to perform are delineated in writing, reviewed on an ongoing
					 basis by the medical staff and revised as necessary;
(c) the medical staff develops, maintains and
					 reviews at least biannually a list of surgical procedures which may be
					 performed in this service;
(d) each
					 member of the medical staff practicing at the center with three or fewer
					 physicians in any one specialty has an appointment with equivalent delineated
					 privileges at one or more hospitals in the area. When there are four or more
					 physicians in any one specialty practicing at the center, such appointments are
					 not required;
(e) the medical staff
					 adopts, with the operator's approval, bylaws which provide formal procedures
					 for the evaluation of the application and credentials of registered physician's
					 assistants and registered specialist's assistants applying for employment or
					 privileges in the facility for the purpose of providing medical services under
					 the supervision of a physician; and
(f) evidence of compliance with operational
					 standards, as set forth in section
					 751.11 of this Title, shall apply.
					 New facilities shall obtain accreditation from an accreditation agency to which
					 the Centers for Medicare and Medicaid Services has granted deeming status and
					 which the commissioner has determined has accrediting standards sufficient to
					 assure the commissioner that ambulatory surgery services so accredited are in
					 compliance with ambulatory surgery services operational standards under this
					 Chapter within two full years of operation.