Section He-P 827.16 - Required Services(a) The licensee shall only provide the services that have been disclosed on its application and have been approved by the department.(b) If the licensee wishes to provide services other than the ones it is already licensed to provide, the licensee shall submit a letter of intent to provide the additional services, prior to providing the new service(s), to the department which shall include: (1) A listing of the additional services to be provided;(2) The physical resources and staffing necessary to provide the additional services;(3) Floor plans describing change(s) or architectural plans if structural changes are involved;(4) The date the licensee wishes to start such services; and(5) Documentation of compliance with the requirements of He-P 827 applicable to the service.(c) The licensee shall have a policy governing CPR.(d) The licensee shall establish health and safety services to minimize the likelihood of accident or injury, with protective care and oversight while the patient is at the FMRTF that includes: (1) Monitoring the patients' functioning, safety, and whereabouts; and(2) Emergency response and crisis intervention.(e) All FMRTF laboratories, if applicable, shall comply with He-P 808, He-P 817, and CMS 42 CFR Part 493 - Laboratory Requirements.(f) There shall be adequate toilet and dressing rooms for patients;(g) Radiation therapy equipment shall be registered and radioactive material shall be licensed, in accordance with RSA 125-F and shall meet all applicable requirements of He-P 4000;(h) The technical staff employed by the FMRTF shall perform the service as assigned by the radiation oncologist for the therapeutic uses of radiation, and in accordance with He-P 4000;(i) The licensee must appoint a chief of radiation oncology who shall be certified in radiation oncology and responsible for:(1) Overseeing the services provided to ensure safe and quality care;(2) Ensuring personnel are qualified to perform megavoltage radiation therapy services in accordance with He-P 4000; and(3) Establishing procedures necessary to ensure the safe and proper use of all therapeutic radiation machines and therapeutic uses of radioactive material in accordance with He-P 4000, including that technologists be trained and licensed commensurate to their duties in the operation and use of x-ray or radiation therapy equipment;(j) A radiation oncologist shall supervise the therapeutic uses of radiation, including the use of radiation therapy machines, in accordance with He-P 4000;(k) A licensee providing treatment on megavoltage radiation therapy equipment shall ensure the provision of a comprehensive coordinated care plan which may include: (1) Clinical oncology services, including chemotherapy and surgical treatment of tumors and follow-up capabilities;(2) Services of a tumor registry;(3) Services of a simulation capability and dose computation equipment;(4) Services of a pathology laboratory;(5) Services of a physics laboratory or equivalent;(6) Computerized tomography, magnetic resonance imaging, and position emission tomography capability;(7) Social work and counseling;(8) Brachytherapy or a referral arrangement for provision of the service;(9) Nutrition and dietary consultation; and(10) In-house capabilities encompassing the full range of radiation therapy modalities, including megavoltage equipment and superficial treatment equipment and systemic therapy or referral arrangements for the provision of these services.(l) All licensees providing megavoltage radiation therapy shall have sufficient personnel to meet the needs of the patients.(m) No licensee shall provide megavoltage radiation therapy services unless the program will treat a minimum of 200 patients on an annual basis by the end of the third year of operation. This may be demonstrated by the number of claims the licensee files in any twelve-month period for cognitive planning process codes;(n) Any licensee holding a special health care service license to provide megavoltage radiation therapy services outside of a hospital shall adopt protocols for the transportation of patients for the provision of necessary support and emergency services, which shall include a written agreement for the acceptance and transfer of patients needing such emergency care, with the nearest acute care hospital or any acute care hospital within 30 minutes travel time.N.H. Admin. Code § He-P 827.16
Adopted by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12751, Effective 3/26/2019, Expires 3/26/2029.