La. Admin. Code tit. 48 § I-4503

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-4503 - Definitions

Administrator-the person responsible for the on-site, daily implementation and supervision of the overall ASCs operation commensurate with the authority conferred by the governing body.

Ambulatory Surgical Center (ASC)-a distinct entity that is wholly separate and clearly distinguishable from any other healthcare facility or office-based physicians practice. An ASC shall be composed of operating room(s) and/or procedure room(s) with an organized medical staff of physicians and permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures. An ASC provides continuous physician and professional nursing services to patients whenever a patient is in the ASC, but does not provide services or accommodations for patients to stay overnight.

1. The following services shall be offered by the ASC when a patient is in the center:
a. drug services as needed for medical operations and procedures performed;
b. provisions for the physical and emotional well-being of patients;
c. provision of emergency services;
d. organized administrative structure; and
e. administrative, statistical and medical records.
2. An ASC may also be defined as a treatment center that is organized primarily for the purpose of offering stereotactic radiosurgery by use of a gamma knife or similar neurosurgical tool.
3. An ASC that enters into a use agreement with another entity/individual shall have separate, designated hours of operation.

Certified Registered Nurse Anesthetist (CRNA)-an advanced practice registered nurse who administers anesthetics or ancillary services in accordance with the licensing requirements of the State Board of Nursing (LSBN) and under the supervision of a physician or dentist who is licensed under the laws of the state of Louisiana. The CRNA determines and implements the anesthesia care plan for a patient during a procedure and, for the safety of the patient, shall not be involved in other aspects of the procedure.

Cessation of Business-when an ASC is non-operational and voluntarily stops rendering services to the community.

Controlled Dangerous Substance (CDS)-a drug, substance or immediate precursor in schedule I through V of R.S. 40:964.

Department (LDH)-the Louisiana Department of Health.

Division of Administrative Law (DAL)-the agency authorized to conduct fair hearings and take actions on appeals of departmental decisions as provided for in the Administrative Procedure Act, or its successor.

Endoscopic Retrograde Cholangiopancreatography (ERCP)-a procedure used to diagnose diseases of the gallbladder, biliary system, pancreas and liver.

Endoscopic Ultrasound/Fine Needle Aspiration (EUS/FNA)-a technique using sound waves during an endoscopic procedure to look at, or through, the wall of the gastrointestinal tract.

Governing Body-the individual or group of individuals who are legally responsible for the operation of the ASC, including management, control, conduct and functioning of the ASC, also known as the governing authority.

Immediately Available-a person that is not assigned to any uninterruptible tasks.

Invasive Procedure-a procedure that:

1. penetrates the protective surfaces of a patients body;
2. is performed in an aseptic surgical field;
3. generally requires entry into a body cavity; and
4. may involve insertion of an indwelling foreign body.

NOTE: The intent is to differentiate those procedures that carry a high risk of infection, either by exposure of a usually sterile body cavity to the external environment or by implantation of a foreign object(s) into a normally sterile site. Procedures performed through orifices normally colonized with bacteria and percutaneous procedures that do not involve an incision deeper than skin would not be included.

Length of Patient Stay-the period of time that begins with the admission of the patient to the ASC and ends with the discharge of the patient from the ASC. The time of admission shall be calculated in accordance with the ASCs written policy. The length of any patient stay shall be documented.

Licensing Agency-the Louisiana Department of Health.

Medical Staff-physicians, dentists, podiatrists and other professional licensed medical practitioners who are authorized to practice in the ASC according to these standards and the requirements of the governing authority.

Minimal Sedation-as defined by the American Society of Anesthesiology (ASA), a drug-induced state during which patients respond normally to verbal commands. Although cognitive function and physical coordination may be impaired, airway reflexes, ventilatory and cardiovascular functions are unaffected.

Minor Alterations-the painting of walls, changing of flooring products or any other cosmetic changes to the ASC which do not involve moving structural walls, doors, windows, electrical or plumbing.

Miscarried Child-the fetal remains resulting from a spontaneous fetal death that does not require compulsory registration pursuant to the provisions of R.S. 40:47.

New Construction-any of the following structures that will be started after promulgation of these provisions shall be considered new construction:

1. newly constructed buildings;
2. additions to existing buildings;
3. conversions of existing buildings or portions thereof;
4. alterations, other than minor alterations, to an already existing ASC; or
5. any previously licensed ASC that has voluntarily or involuntarily ceased providing ASC services and surrendered its license shall be considered new construction for plan review purposes

Non-Ope rational-when the ASC is not open for business operation on designated days and hours as stated on the licensing application.

Operating Room (OR)-a room in the surgical center that meets the requirements of a restricted area and is designated and equipped for performing surgical or other invasive procedures. An aseptic field is required for all procedures performed in an OR. Any form of anesthesia may be administered in an OR if proper anesthesia gas administration devices are present and exhaust systems are provided.

Overnight-the length of admission to an ASC of any patient that exceeds 23 hours, which is calculated as the time of admission to the time of discharge from the ASC.

Physician-a licensed medical practitioner who possesses an unrestricted license and is in good standing with the State Board of Medical Examiners. This includes a doctor of:

1. medicine;
2. osteopathy;
3. podiatry;
4. optometry;
5. dental surgery or dental medicine; or
6. chiropracty.

Procedure Room-a room designated for the performance of a procedure that is not deemed to be an invasive procedure. The procedure may require the use of sterile instruments or supplies but not the use of special ventilation or scavenging equipment for anesthetic agents.

Standards-the rules, regulations and policies duly adopted and promulgated by the Department of Health with the approval of the secretary.

Surgical Smoke Plume-the byproduct of using heat-producing equipment on tissue during surgery.

Unlicensed Assistive Personnel (UAP)-any unlicensed trained personnel who cannot practice independently or without supervision by a registered nurse. This may include operating and/or procedure room technicians, instrument cleaning and/or sterilization technicians and nursing assistants or orderlies.

Use Agreement-a written agreement between a licensed ASC and an individual or entity in which the ASC allows the individual or entity to use its facility, or a portion thereof, on a part-time basis to provide the services of an ASC. All use agreements shall comply with applicable federal laws and regulations.

La. Admin. Code tit. 48, § I-4503

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 431732 (9/1/2017), Amended LR 491929 (11/1/2023).
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2131-2141.