La. Admin. Code tit. 48 § I-4401

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-4401 - Definitions

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CRNA-Repealed.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.

La. Admin. Code tit. 48, § I-4401

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 29:705 (May 2003), Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 41685 (4/1/2015), Amended by the Department of Health, Bureau of Health Services Financing, LR 481540 (6/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2175.1 et seq.