902 KAR 20:360. Abortion facilities

      Section 1. Definitions. (1) "Abortion" is defined in KRS 311.720(1).

      (2) "Abortion facility" is defined in KRS 216B.015.

      (3) "Cabinet" means the Cabinet for Health Services.

      (4) "Volunteer" means a person who is not an employee of the abortion facility and who has direct patient health care responsibilities performed within the abortion facility, and excludes escort services.

 

      Section 2. Licenses. (1) A license to operate an abortion facility shall not be required for a health facility licensed to perform the services regulated by 902 KAR 20:016 or 902 KAR 20:106. That health facility shall:

      (a) Comply with the requirements of its respective licensure category and provide written notice of its intent to perform abortions to the Office of Inspector General, Division of Licensing and Regulation, 275 East Main Street, Frankfort, Kentucky 40621;

      (b) Comply with the reporting requirements of KRS 216B.0431; and

      (c) Be exempt from any other licensure requirements of this administrative regulation.

      (2) The license required by KRS 216B.0431 shall be conspicuously posted in a public area of the facility.

      (3) An applicant for licensure shall file with the Office of the Inspector General, Division of Licensing and Regulation, 275 East Main Street, Frankfort, Kentucky 40621, an application for license to operate an abortion facility.

      (4) An applicant for a license shall, as a condition precedent to licensure or relicensure, be in compliance with the applicable administrative regulations relating to an abortion facility:

      (a) Compliance with licensure administrative regulations shall be ascertained through an on‑site inspection of the facility. A licensure inspection may be unannounced.

      (b) A representative of the inspecting agency shall have access to the facility during the hours that the facility operates.

      (c) A regulatory violation identified during an inspection shall be transmitted in writing to the facility by the inspecting agency.

      (d) The facility shall submit a written plan for the elimination or correction of the regulatory violation to the inspecting agency within ten (10) days.

      1. The plan shall specify the date by which each violation shall be corrected.

      2. Following a review of the plan, the inspecting agency shall notify the facility in writing of the acceptability of the plan.

      3. If a portion or all of the plan is unacceptable:

      a. The inspecting agency shall specify the reasons for the unacceptability; and

      b. The facility shall modify or amend the plan and resubmit it to the inspecting agency within ten (10) days.

      (5) A licensee shall, as a condition of licensure or relicensure, be in compliance with the reporting requirements of KRS 213.101.

      (6) An unannounced inspection shall be conducted:

      (a) On a complaint allegation; and

      (b) Utilizing the procedures established in subsection (3) of this section.

      (7) A license shall remain in effect for one (1) year from the date of issuance unless otherwise expressly provided in the license certificate.

      (8) A license shall be renewed upon payment of the prescribed fee and compliance with the licensure administrative regulations.

      (9) Each license to operate shall be issued for the person or persons and premises named in the application.

      (10) A new application shall be filed in the event of change of ownership.

      (a) Upon the filing of a new application for a license because of change of ownership, the new license shall be automatically issued for the remainder of the current licensure period.

      (b) An additional fee shall not be charged for the remainder of the licensure period.

 

      Section 3. Fee Schedule. (1) Annual fees. The annual licensure fee (including a renewal) for abortion facilities shall be $155 for each licensed facility.

      (2) Fees shall be paid by check made payable to Kentucky State Treasurer and sent to Cabinet for Health Services, Division of Licensing and Regulation, 275 East Main Street, 4E‑A, Frankfort, Kentucky 40621.

 

      Section 4. Appeals. (1) Notice of the denial, suspension, or revocation of a license shall be made pursuant to the provisions of KRS Chapter 13B.

      (2) A licensee may appeal the denial, suspension, or revocation of his license to the Secretary of the Cabinet for Health Services, 275 East Main Street, Frankfort, Kentucky 40621.

      (3) A hearing on the denial, suspension, or revocation of a license shall be conducted pursuant to the provisions of KRS Chapter 13B.

 

      Section 5. Administration and Operation. (1) Licensee.

      (a) The licensee shall be legally responsible for the abortion facility and for compliance with federal, state and local laws and regulations pertaining to the operation of the abortion facility.

      (b) The licensee shall establish written policies for the administration and operation of the abortion facility.

      (c) The licensee shall establish lines of authority and designate the person who shall be principally responsible for the daily operation of the abortion facility.

      (2) Policies.

      (a) Administrative policies. The abortion facility shall have written administrative policies covering all aspects of the operation, including:

      1. A description of organizational structure, staffing and allocation of responsibility and accountability;

      2. A description of referral linkages with inpatient facilities and other providers;

      3. Policies and procedures for the guidance and control of personnel performances;

      4. A description of services included in the program;

      5. A description of the administrative and patient care records and reports;

      6. Procedures to be followed in the storage, handling and administration of drugs and biologicals; and

      7. A policy to specify the provision of emergency medical services.

      8. Procedures to be followed in obtaining the voluntary and informed written consent of the pregnant woman, as required by KRS 311.725.

      (b) Patient rights policies. The abortion facility shall adopt written policies regarding the rights and responsibilities of patients. These patients' rights policies shall assure that each patient:

      1. Is informed of these rights and of a procedure for handling patient grievances.

      2. Is informed of services available at the abortion facility and of related charges including any charges not covered under third-party payor arrangements.

      3. Is informed of her medical condition, unless medically contraindicated (as documented in her medical record), and is afforded the opportunity to participate in the planning of her medical treatment and to refuse to participate in experimental research.

      4. Is encouraged and assisted to understand and exercise her patient rights; to this end she may voice grievances and recommend changes in policies and services. Upon the patient's request the grievances and recommendations will be conveyed within a reasonable time to an appropriate decision making level within the organization which has authority to take corrective action.

      5. Is assured confidential treatment of her records and is afforded the opportunity to approve or refuse their release to any individual not involved in her care except as required by Kentucky law or third‑party payment contract.

      6. Is treated with consideration, respect, and full recognition of her dignity and individuality, including privacy in treatment and in the care of her personal health needs.

      (3) Personnel.

      (a) A facility shall have a staff that is adequately trained and capable of providing appropriate service and supervision to the patients.

      1. The licensee shall obtain written applications for employment from all employees. The licensee shall obtain and verify information on the application as to education, training, experience, appropriate licensure, if applicable, and health and personal background of each employee.

      2. Prior to performing job duties, all employees and volunteers who have direct patient contact within the abortion facility, shall have tuberculin skin testing conducted unless a previously positive reaction is documented in millimeters. The intradermal (Mantoux) method, using five tuberculin units of stabilized purified protein derivative (PPD) is to be used. For employees or volunteers who have no documentation of a negative PPD result during the preceding twelve (12) months, then the two (2) step procedure (one (1) PPD test with negative result followed one (1) to three (3) weeks later by another PPD test) is required to establish a reliable baseline. If employees or volunteers have complete documentation of a negative PPD during the preceding twelve (12) months (may be a single PPD or a two-(2) step PPD), then a single PPD is acceptable to establish the baseline for current employment.

      a. A person with negative tuberculin skin tests who has direct contact with patients shall have an annual tuberculin skin test.

      b. An initial or routine chest x-ray shall not be required for an employee or volunteer with negative tuberculin test results who is asymptomatic.

      c. Personnel with a positive reaction to the skin test shall have no patient contact until certified noncontagious by a physician.

      d. A chest x-ray shall be required to determine whether TB disease is present for an employee or volunteer:

      (i) With reactions of 10mm and over to the preemployment tuberculin test;

      (ii) Who has previously documented positive reactions;

      (iii) With newly converted skin tests; and

      (iv) With symptoms suggestive of TB (e.g., cough, weight loss, night sweats, fever, etc.)

      e. If TB disease is diagnosed, appropriate treatment shall be given and patient contacts examined.

      f. Personnel who are known or suspected to have TB shall be required to be evaluated by a physician and shall not be allowed to return to work until they have been certified noncontagious by the physician.

      g. Preventive treatment of personnel with new positive reactions is essential, and shall be considered for all infected employees or volunteers who have patient contact, unless specifically contraindicated.

      (i) An employee or volunteer who completes treatment, either for disease or infection, may be exempt from further routine chest radiographic screening unless he has symptoms of TB.

      (ii) Positive reactors who are unable or unwilling to take preventive treatment shall not receive an annual chest x-ray. These individuals shall be informed of their lifelong risk of developing and transmitting TB to individuals in the institution and in the community. They shall be informed of symptoms which suggest the onset of TB, and the procedure to follow should such symptoms develop.

      h. Postexposure skin tests shall be provided for tuberculin negative employees or volunteers within twelve (12) weeks after termination of contact for any suspected exposure to a documented case of pulmonary TB.

      i. A person shall be designated in writing at each facility to coordinate TB screening of personnel and any other TB control activities.

      3. All professional and allied health professional staff members shall be currently certified with American Red Cross or American Heart Association to perform cardiopulmonary resuscitation and capable of recognizing symptoms of distress.

      4. No employee or volunteer of the facility while afflicted with any infected wounds, boils, sores, or an acute respiratory infection, or any other contagious disease or illness, shall work in any capacity in which there is a likelihood of such person transmitting disease to other individuals.

      5. Each facility shall have and execute a written orientation program to familiarize each new staff member with the facility and its policies and procedures, to include fire safety and other safety measures, medical emergencies, and infection control.

      6. In-service training programs shall be planned and provided for all employees and volunteers to ensure and maintain their understanding of their duties and responsibilities. Records shall be maintained to reflect program content and individual attendance. The following training shall be provided at least annually:

      a. Infection control, to include as a minimum, universal precautions against blood-borne diseases, general sanitation, personal hygiene such as hand washing, use of masks and gloves, and instruction to staff if there is a likelihood of transmitting a disease to patients or other staff members;

      b. Fire protection, to include evacuating patients, proper use of fire extinguishers, and procedures for reporting fires;

      c. Confidentiality of patient information and records, and protecting patient rights; and

      d. Licensing regulations.

      7. Job descriptions.

      a. Written job descriptions that adequately describe the duties of every position shall be maintained.

      b. Each job description shall include: position title, authority, specific responsibilities and minimum qualifications.

      c. Job descriptions shall be reviewed at least annually, kept current and given to each employee and volunteer when assigned to the position and when revised.

      8. A personnel file shall be maintained for each employee and for each volunteer. The records shall be completely and accurately documented, readily available, and systematically organized to facilitate the compilation and retrieval of information. The file shall contain a current job description that reflects the individual's responsibilities and work assignments, and documentation of the person's orientation, in-service education, appropriate licensure, if applicable, and TB skin testing.

      (b) Clinical staff.

      1. Physicians, nurses, and allied health professionals shall constitute the clinical staff.

      2. The clinical staff shall meet at least quarterly to review and analyze their clinical experiences; minutes shall be maintained of such meetings.

      3. Physicians.

      a. Abortions shall be performed only by a physician who is licensed to practice medicine in Kentucky and who is properly qualified by training and experience to perform pregnancy termination procedures.

      b. A physician shall remain on the premises until all patients are discharged.

      (c) Nursing.

      1. Nursing care shall be under the supervision of a registered nurse currently licensed in Kentucky.

      2. A registered nurse shall be on duty to provide or supervise all nursing care of patients in preparation, during the termination procedure, the recovery period and until all patients leave the facility.

      3. Licensed practical nurses, working under appropriate supervision and direction of a registered nurse, may be employed as components of the nursing staff.

      (d) Allied health professionals, working under appropriate direction and supervision, may be employed to work only within areas where their competency has been established.

 

      Section 6. Patient Care. Abortion facilities shall not serve patients whose needs exceed the resources or capabilities of the facility. The facility shall formulate and adhere to written patient care policies and procedures designed to ensure professional and safe care for patients, to include:

      (1) Admission criteria;

      (2) Physician and nurse responsibilities for the services offered;

      (3) Specific details regarding the preoperative procedures performed, to include history and physical examination, including verification of pregnancy, estimation of gestational age, identification of any preexisting conditions or complications;

      (4) The actual abortion procedure, to include the use of:

      (a) IVs;

      (b) Fluids;

      (c) Analgesia/anesthesia. General anesthesia shall be administered only by personnel acting within the limits of their statutory scope of practice; and

      (d) Tissue examination and disposal.

      (5) Postprocedure care and recovery room procedures to include emergency care;

      (6) Provisions for the education of patient, family and others, as appropriate in pre- and postprocedure care;

      (7) Plans for follow-up patient care after discharge from the facility;

      (8) Management and appropriate referral of high-risk conditions;

      (9) Transfer of patients who, during the course of pregnancy termination are determined to need care beyond that of the facility; and

      (10) Infection control and sanitation procedures to include duties and responsibilities of the infection control committee that shall include the development and implementation of specific patient care and administrative policies aimed at investigating, controlling and preventing infections in the facility.

 

      Section 7. Pharmaceutical Services. Pharmaceutical services shall be provided in accordance with accepted professional practice and federal, state and local laws.

      (1) Emergency drugs:

      (a) Emergency kit or emergency drugs: Each facility shall maintain an emergency kit or stock supply of drugs and medicines for use in treating the emergency needs of patients. This kit or medicine shall be stored in such a manner as to prohibit its access by unauthorized personnel. A listing of contents by drawer or shelf shall be placed on the cabinet or emergency cart to allow quick retrieval. Contents shall correspond with the inventory list. Drugs and equipment shall be available within the facility to treat, as a minimum, the following conditions:

      1. Cardiac arrest;

      2. Seizure;

      3. Asthmatic attack;

      4. Allergic reaction;

      5. Narcotic toxicity;

      6. Hypovolemic shock;

      7. Vasovagal shock.

      (b) Drug Reference Sources. Each facility shall maintain reference sources for identifying and describing drugs and medicines.

      (2) Administering drugs and medicines. Drugs and medicines shall not be administered to individual patients or to anyone within or outside the facility except by those authorized by law under orders of a physician or other ordering personnel acting within the limits of their statutory scope of practice. Such orders shall be in writing and signed personally by the physician or other personnel who prescribes the drug or medicine.

      (3) Medicine storage. Medicines and drugs maintained in the facility for daily administration shall not be expired and shall be properly stored and safeguarded in enclosures of sufficient size that are not accessible to unauthorized persons. Refrigerators used for storage of medications shall maintain an appropriate temperature as determined by the requirements established on the label of medications. A thermometer accurate to ± three (3) degrees Fahrenheit shall be maintained in these refrigerators. Only authorized personnel shall have access to storage enclosures. Controlled substances and ethyl alcohol, if stocked, shall be stored under double locks and in accordance with applicable state and federal laws.

      (4) Medicine preparation area. Medicines and drugs shall be prepared for administration in an area that contains a counter and a sink. This area shall be located in such a manner as to prevent contamination of medicines being prepared for administration.

      (5) Records. Records shall be kept of all stock supplies of controlled substances giving an accounting of all items received or administered.

      (6) Poisonous substances. All poisonous substances shall be plainly labeled and kept in a cabinet or closet separate from medicines and drugs to be prepared for administration.

 

      Section 8. Laboratory Services. (1) Laboratory services shall be provided on site or through arrangement with a laboratory certified to provide the required procedures under 42 CFR 493.

      (a) Facilities for collecting specimens shall be available on site.

      (b) If laboratory services are provided on site they shall be directed by a person who qualifies as a director under KRS 333.090 and 42 CFR part 493 and shall be performed in compliance with KRS Chapter 333 and 42 CFR 493 standards.

      (2) Prior to the procedure, laboratory tests shall include a recognized urine pregnancy test unless the physician identifies fetal heart beats or fetal movements on physical examination. If positive, the following additional tests are required:

      (a) Urinalysis including albumin and glucose examination;

      (b) Hematocrit or hemoglobin; and

      (c) Determination of Rh factor with appropriate medical intervention.

      (3) Aspirated tissues shall be examined to verify that villi or fetal parts are present; if villi or fetal parts cannot be identified with certainty, the tissue specimen shall be sent for further pathologic examination and the patient alerted to the possibility of an ectopic pregnancy.

      (4) A written report of each laboratory test and examination shall be a part of the patient's record.

      (5) If a patient is bleeding profusely and a transfusion of red blood cells is necessary, she shall be administered fluids and transported immediately to an acute care hospital.

      (6) All laboratory supplies shall be monitored for expiration dates, if applicable.

 

      Section 9. Medical Waste Disposal. (1) Sharp wastes.

      (a) Sharp wastes, including needles, scalpels, razors, or other sharp instruments used for patient care procedures, shall be segregated from other wastes and placed in puncture resistant containers immediately after use.

      (b) Needles shall not be purposely bent or broken, or otherwise manipulated by hand as a means of disposal, except as permitted by Centers for Disease Control and Occupational Safety and Health Administration guidelines.

      (c) The containers of sharp wastes shall either be incinerated on or off site, or be rendered nonhazardous.

      (2) Disposable waste.

      (a) All disposable waste shall be placed in suitable bags or closed containers so as to prevent leakage or spillage, and shall be handled, stored, and disposed of in such a way as to minimize direct exposure of personnel to waste materials.

      (b) The abortion facility shall establish specific written policies regarding handling and disposal of all wastes.

      (c) Pathological waste, such as tissues, organs, body parts, and bodily fluids, shall be incinerated.

      (d) The following wastes shall be disposed of by incineration, or be autoclaved before disposal, or be carefully poured down a drain connected to sanitary sewer: blood, blood specimens, used blood tubes, or blood products.

      (e) Any wastes conveyed to a sanitary sewer shall comply with applicable federal, state, and local pretreatment administrative regulations.

      (f) Any incinerator used for the disposal of waste shall be in compliance with 401 KAR 59:023 or 401 KAR 61:013.

 

      Section 10. Emergency Care. (1) An abortion facility shall enter into written agreements with a licensed acute-care hospital and a local ambulance service for the transport and treatment of patients when hospitalization becomes necessary, as required by KRS 216B.0435.

      (2) These written agreements shall be filed with the cabinet.

 

      Section 11. Equipment and Supplies. There shall be appropriate equipment and supplies maintained for the patients to include:

      (1) A bed or recliner suitable for recovery;

      (2) Oxygen with flow meters and masks or equivalent;

      (3) Mechanical suction;

      (4) Resuscitation equipment to include resuscitation bags and oral airways;

      (5) Emergency medications, intravenous fluids, and related supplies and equipment;

      (6) A clock with a sweep second hand;

      (7) Sterile suturing equipment and supplies;

      (8) Adjustable examination light;

      (9) Containers for soiled linen and waste materials with covers;

      (10) Refrigerator; and

      (11) Appropriate equipment for the administering of general anesthesia, if applicable.

 

      Section 12. Consultation. Arrangements shall be made for consultation or referral services to be available as needed.

 

      Section 13. Quality Improvement. (1) The facility shall establish and implement a written plan for a quality improvement program for patient care. The plan shall specify the individual responsible for coordinating the quality improvement program and shall provide for ongoing monitoring of staff and patient care services.

      (2) There shall be an ongoing process for monitoring and evaluating patient care services, staffing, infection prevention and control, housekeeping, sanitation, safety, maintenance of physical plant and equipment, patient care statistics, and discharge planning services.

      (3) Evaluation of patient care throughout the facility shall be criteria-based, so that certain actions are taken or triggered when specific quantified, predetermined levels of outcomes or potential problems are identified.

      (4) The quality improvement process shall incorporate quarterly review of a minimum of five (5) percent of medical records of patients undergoing procedures during a given quarter, but not less than five (5) records shall be reviewed.

      (5) The quality improvement process shall include evaluation by patients of care and services provided by the facility. If the families of patients are involved in the care and services provided by the facility, the quality improvement process shall include a means for obtaining input from families of patients.

      (6) The administrator shall review the findings of the quality improvement program to ensure that effective corrective actions have been taken, including as a minimum, policy revisions, procedural changes, educational activities, and follow-up on recommendations, or that additional actions are no longer indicated or needed.

      (7) The quality improvement program shall identify and establish indicators of quality care, specific to the facility, that shall be monitored and evaluated.

      (8) The results of the quality improvement program shall be submitted to the licensee for review at least annually and shall include at least the deficiencies found and recommendations for corrections or improvements. Deficiencies that jeopardize patient safety shall be reported immediately in writing to the licensee.

 

      Section 14. Medical Records. (1) Medical records shall be maintained for all patients examined or treated in the abortion facility. The records shall be completely and accurately documented, readily available, and systematically organized to facilitate the compilation and retrieval of information. All information shall be centralized in the patient's medical record. All entries shall be legibly written or typed, dated and signed.

      (a) The record shall include the following information:

      1. A face sheet with patient identification data, to include: name, address, telephone number, Social Security number, date of birth, and name, address and telephone number of person to be notified in the event of an emergency;

      2. Signed consent for the procedure;

      3. Date of initial examination;

      4. Date of abortion;

      5. Referring and attending physicians' names and phone numbers, if applicable;

      6. Complete medical history to include medications currently being taken;

      7. Physical examination, to the extent necessary to determine the health status of the patient, within fifteen (15) days of the procedure, including detail of findings of pelvic examination and estimated gestational age, according to the first day of the last menstrual period;

      8. Results of diagnostic tests and examinations, e.g., x-ray, electrocardiography, clinical laboratory, pathology, consultations, ultrasound;

      9. Preoperative diagnosis;

      10. Counselor's notes if applicable;

      11. Physician's orders;

      12. Complete record of abortion procedure to include:

      a. Vital signs, i.e., temperature, pulse, respiration, and blood pressure, prior to and following the procedure;

      b. Name of procedure performed;

      c. Anesthetic agent utilized;

      d. Name of attending physician performing the procedure;

      e. Names of clinical assistants in attendance, to include other physicians, physician's assistants, anesthetists, nurses, or specially-trained technicians;

      f. Signature of physician performing the procedure.

      13. Nurses' notes;

      14. Progress notes to include a postanesthesia note if general anesthesia is utilized;

      15. Attending physician's description of gross appearance of tissue removed;

      16. Final diagnosis;

      17. Condition on discharge;

      18. Post-op orders and follow-up care; and

      19. Documented verification that the woman has received information and was offered printed materials as required by KRS 311.725.

      (b) The attending physician shall complete and sign the medical record within seventy-two (72) hours following discharge.

      (2) Confidentiality of all patient records shall be maintained at all times.

      (3) Transfer of records. The abortion facility shall establish systematic procedures to assist in continuity of care where the patient moves to another source of care, and shall, upon proper release, transfer medical records or an abstract thereof when requested.

      (4) Retention of records. After patient's death or discharge the complete medical record shall be placed in an inactive file and retained for five (5) years or, in case of a minor, three (3) years after the patient reaches the age of majority under state law, whichever is the longest.

 

      Section 15. Infection Control. (1) There shall be an infection control program developed to prevent, identify, and control infections.

      (2) Written policies and procedures pertaining to the operation of the infection control program shall be established, reviewed at least annually, and revised as necessary.

      (3) A practical system shall be developed for reporting, evaluating, and maintaining records of infections among residents and personnel.

      (4) The system shall include assignment of responsibility for the ongoing collection and analysis of data, as well as for the implementation of required follow-up actions.

      (5) Corrective actions shall be taken on the basis of records and reports of infections and infection potentials among patients and personnel and shall be documented.

      (6) All new employees shall be instructed in the importance of infection control and personal hygiene and in their responsibility in the infection control program.

      (7) The facility shall document that in-service education in infection prevention and control is provided to all services and program components.

      (8) Adequate space shall be provided for storage, maintenance and distribution of sterile supplies and equipment.

      (9) Sterile supplies and equipment shall not be mixed with unsterile supplies, and shall be stored in dust-proof and moisture-free units. They shall be properly labeled.

      (10) Sterilizing equipment of appropriate type shall be available and of adequate capacity to properly sterilize instruments and materials. The sterilizing equipment shall have approved control and safety features.

 

      Section 16. Linen and Laundry. (1) An adequate supply of clean linen or disposable materials shall be maintained in order to ensure change of linen on procedure tables between patients.

      (2) Provisions for proper laundering of linen and washable goods shall be made. Soiled and clean linen shall be handled and stored separately. Storage shall be in covered containers.

      (3) A sufficient supply of cloth or disposable towels shall be available so that a fresh towel can be used after each hand washing. Towels shall not be shared.

 

      Section 17. Housekeeping. (1) General.

      (a) A facility shall be kept neat, clean and free from odors;

      (b) Accumulated waste material shall be removed daily or more often if necessary;

      (c) There shall be frequent cleaning of floors, walls, ceilings, woodwork and windows;

      (d) The premises shall be kept free from rodent and insect infestation; and

      (e) Bath and toilet facilities shall be maintained in a clean and sanitary condition at all times.

      (2) Cleaning materials and supplies shall be stored in a safe manner. All harmful agents shall be locked in a closet or cabinet used for this purpose only.

 

      Section 18. Refuse and Waste Disposal. (1) All garbage and waste shall be collected, stored and disposed of in a manner designed to prevent the transmission of disease.

      (a) Containers shall be washed and sanitized before being returned to work areas; and

      (b) Disposable type containers shall not be reused.

      (2) Containers for garbage and refuse shall be covered and stored outside and placed on an approved platform to prevent overturning by animals, the entrance of flies or the creation of a nuisance. All solid waste shall be disposed of at sufficient frequencies in a manner so as not to create a rodent, insect or other vermin problem.

      (3) Immediately after emptying, containers for garbage shall be cleaned.

      (4) All medical waste shall be managed in accordance with Section 9 of this administrative regulation.

 

      Section 19. Outside Areas. All outside areas, grounds and adjacent buildings shall be kept free of rubbish, grass, and weeds that may serve as a fire hazard or as a haven for insects, rodents and other pests. Outside stairs, walkways, ramps and porches shall be maintained free from accumulations of water, ice, snow and other impediments.

 

      Section 20. Disaster Preparedness. (1) All staff shall be knowledgeable of a written plan and procedure for meeting potential disasters and emergencies such as fires or severe weather. The plan shall be posted. Staff shall be trained in properly reporting a fire, extinguishing a small fire, and in evacuation from the building. Fire drills shall be practiced in accordance with state fire administrative regulations.

      (2) All fire protection and alarm systems and other fire fighting equipment shall be inspected and tested at least once each year, and more often if necessary to maintain them in serviceable condition.

 

      Section 21. Facility Specifications. (1) An abortion facility shall provide a functionally safe and sanitary environment for patients, personnel, and the public.

      (2) An abortion facility shall include space for the following functions:

      (a) Reception and waiting;

      (b) Administrative activities such as patient admission, record storage, and business affairs;

      (c) Patient dressing and storage of personal items;

      (d) Preoperative evaluation, including physical examination, laboratory testing, and preparation for anesthesia;

      (e) Performance of surgical procedures;

      (f) Preparation and sterilization of instruments;

      (g) Storage of equipment, drugs, and fluids;

      (h) Postanesthetic recovery; and

      (i) Janitorial and utility support.

 

      Section 22. Injunctive Relief. The Office of Inspector General shall refer instances where administrative penalties and legal sanctions have failed to prevent or cause a discontinuance of a violation of KRS Chapter 216B to the secretary of the cabinet for action in accordance with KRS 15.241.

 

      Section 23. Incorporation by Reference. (1) The Application for License to Operate an Abortion Facility, L&R 240 (7/98), is incorporated by reference.

      (2) This material may be inspected, copied or obtained at the Office of Inspector General, Division of Licensing and Regulation, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1293; Am. 2168; 2388; eff. 3-17-99.)

Notation

      RELATES TO: KRS 213.101, 216B.010-216B.130, 216B.990, 311.710-311.830, 314.011(8), 314.042(8)

      STATUTORY AUTHORITY: KRS 216B.0431

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 216B.0431 requires that the Cabinet for Health Services regulate abortion facilities. This administrative regulation establishes the licensure requirements for abortion facilities.