Louisiana § RS 40:2180.25 - Rules and regulations; licensing standards

§ RS 40:2180.25. Rules and regulations; licensing standards

            A. The department shall prescribe, promulgate, and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, and to provide for all of the following:

            (1) The licensure of free-standing birth centers.

            (2) The health, safety, welfare, and well-being of persons receiving services at the free-standing birth centers.

            (3) The safe operation and maintenance of free-standing birth centers.

            B.(1) The rules, regulations, and licensing standards shall become effective upon approval by the secretary of the department in accordance with the Administrative Procedure Act.

            (2) The rules, regulations, and licensing standards shall have the effect of law and shall include but not be limited to the following:

            (a) Licensure application and renewal, including forms, procedures, and requirements.

            (b) Operational requirements.

            (c) Practice standards to assure quality of care.

            (d) Practice standards to assure the health, safety, welfare, well-being, and comfort of persons receiving care and services.

            (e) Confidentiality of clients' records.

            (f) Criteria and protocols to assure uniform and quality assessment, diagnosis, evaluation, and referral to appropriate level of care.

            (g) Administration, personnel, and staffing requirements.

            (h) Survey and complaint investigations, including investigations into allegations that a provider is operating without a license.

            (i) License types, including provisional licenses.

            (j) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.

            (k) Planning, construction, and design of the center to ensure the health, safety, welfare, well-being, and comfort of persons receiving care and services.

            (l) The requirement that each free-standing birth center be located within a ground-travel-time distance from a general acute care hospital providing obstetric services which allows for an emergency cesarean delivery to begin within thirty minutes of the decision that a cesarean delivery is necessary.

            (m) Requirements for each free-standing birth center to have agreements or written policies and procedures with other agencies, institutions, or individuals for services to clients including but not limited to:

            (i) Laboratory and diagnostic services.

            (ii) Obstetric consultation services.

            (iii) Pediatric consultation services.

            (iv) Transport services.

            (v) Obstetric and newborn acute care in hospitals.

            (n) Requirements for each free-standing birth center to have an established consultation, collaboration, or referral system, in both emergency and non-emergency circumstances, that falls outside the scope of birth center practice, to meet the needs of a mother or baby.

            (o) Requirements for transferring and transporting clients to hospitals; protocols for the transfer of any patient to a licensed hospital; and arrangements with a local ambulance for the transport of emergency patients to a licensed hospital.

            (p) Requirements for documentation of adequate prenatal care during the pregnancy.

            (q) Requirements for documentation and evidence that the delivery is expected to be low-risk, singleton birth, and vertex presentation.

            (r) Requirements for meeting specific national standards for birth centers published or established by the American Association of Birth Centers, as well as requirements for accreditation by the Commission for Accreditation of Birth Centers.

            (s) Other regulations or standards that will ensure proper care and treatment of persons receiving care and services at the free-standing birth center, that may be deemed necessary by the department for an effective administration of this Part.

            C.(1) No free-standing birth center shall be required to obtain a license pursuant to this Part until the initial rules, regulations, and licensing standards are promulgated by the Louisiana Department of Health pursuant to the Administrative Procedure Act.

            (2) Each entity that meets the definition of free-standing birth center as defined in this Part shall submit an initial licensing application and fee to the department within ninety days of the promulgation of the initial rules, regulations, and licensing standards. If the entity is not licensed within one hundred twenty days after submission of its initial licensing application and fee, the entity shall cease operations until such time as it is licensed as a free-standing birth center by the department.

            Acts 2019, No. 332, §1, eff. June 11, 2019; Acts 2022, No. 271, §4.