Definitions and Requirements for Licensure
The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:
"Abortion" means the use of an instrument, medicine, drug, or other substance or device with the intent to terminate the pregnancy of a woman, known to be pregnant, for reasons other than a live birth or to remove a dead fetus. Spontaneous miscarriage is excluded from this definition.
"Abortion facility" means a facility in which five or more first trimester abortions per month are performed.
"Administrator" means the person appointed by the governing body as having responsibility for the overall management of the abortion facility. Job titles may include director, executive director, office manager, or business manager.
"Commissioner" means the State Health Commissioner.
"Department" means the Virginia Department of Health.
"First trimester" means the first 12 weeks
from conception ] based on an appropriate clinical estimate by a
licensed physician [ as determined in
compliance with § 18.2-76 of the Code of Virginia. ]
"Informed written consent" means the knowing and voluntary written consent to abortion by a pregnant woman of any age in accordance with § 18.2-76 of the Code of Virginia.
"Licensee" means the person, partnership, corporation, association, organization, or professional entity who owns or on whom rests the ultimate responsibility and authority for the conduct of the abortion facility.
"Medication induced abortion" means any
abortion caused solely by the administration of any medication or medications
given to a woman in the first trimester of pregnancy with the intent to produce
"Minor" means a patient under the age of 18.
"Patient" means any person seeking or obtaining services at an abortion facility.
"Physician" means a person licensed to practice medicine in Virginia.
"Spontaneous miscarriage" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an abortion.
"Surgical abortion" means any abortion
caused by any means other than solely by the administration of any medication
or medications given to a woman in the first trimester of pregnancy with the
intent to produce abortion. ] "Trimester" means a 12-week period of pregnancy.
Classification. (Repealed.) Abortion facilities shall be classified as a category of
[ 12VAC5-412-80. Allowable variances.
A. The commissioner may authorize a temporary variance only
to a specific provision of this chapter. In no event shall a temporary variance
exceed the term of the license. An abortion facility may request a temporary
variance to a particular standard or requirement contained in a particular
provision of this chapter when the standard or requirement poses an impractical
hardship unique to the abortion facility and when a temporary variance to it
would not endanger the safety or well-being of patients. The request for a
temporary variance shall describe how compliance with the current standard or
requirement constitutes an impractical hardship unique to the abortion
facility. The request should include proposed alternatives, if any, to meet the
purpose of the standard or requirement that will ensure the protection and
well-being of patients. At no time shall a temporary variance be extended to general
applicability. The abortion facility may withdraw a request for a temporary
variance at any time. B. The commissioner may rescind or modify a temporary
variance if: (i) conditions change; (ii) additional information becomes known
that alters the basis for the original decision; (iii) the abortion facility
fails to meet any conditions attached to the temporary variance; or (iv)
results of the temporary variance jeopardize the safety or well-being of
patients. C. Consideration of a temporary variance is initiated when
a written request is submitted to the commissioner. The commissioner shall
notify the abortion facility in writing of the receipt of the request for a
temporary variance. The licensee shall be notified in writing of the
commissioner's decision on the temporary variance request. If granted, the
commissioner may attach conditions to a temporary variance to protect the
safety and well-being of patients. D. If a temporary variance is denied, expires, or is
rescinded, routine enforcement of the standard or requirement to which the
temporary variance was granted shall be resumed.
A. Upon the finding that the enforcement of one or more of these regulations would be clearly impractical, the commissioner shall have the authority to waive, either temporarily or permanently, the enforcement of one or more of these regulations, provided safety and patient care and services are not adversely affected.
B. Modification of any individual standard herein for any purpose shall require advance written approval from the OLC.
12VAC5-412-100. On-site inspection.
A. An OLC representative shall make periodic unannounced on-site inspections of each abortion facility as necessary, but not less often than biennially. If the department finds, after inspection, noncompliance with any provision of this chapter, the abortion facility shall receive a written licensing report of such findings. The abortion facility shall submit a written plan of correction in accordance with provisions of 12VAC5-412-110.
B. The abortion facility shall make available to the OLC's representative any requested records and shall allow access to interview the agents, employees, contractors, and any person under the abortion facility's control, direction, or supervision. If copies of records are removed from the premises, patient names and addresses contained in such records shall be redacted by the abortion facility before removal.
C. If the OLC's representative arrives on the premises to conduct
a survey and the administrator, the nursing director, or a person authorized to
give access to patient records is not available on the premises, such person or
the designated alternate shall be available on the premises within one hour of
the surveyor's arrival. A list of patients receiving services on the day of the
survey as well as a list of all of the abortion facility's patients for the
previous 12 months shall be provided to the surveyor within two hours of
arrival if requested. Failure to be available or to respond shall be grounds
for penalties in accordance with § 32.1-27 of the Code of Virginia and
denial, suspension, or revocation of the facility's license in accordance with
12VAC5-412-130. Violation of this chapter or applicable law; denial, revocation, or suspension of license.
A. When the department determines that an abortion facility is
(i) in violation of
any provision of Article 1 (§ 32.1-123 et seq.) of Chapter
5 of Title 32.1 § 32.1-125.01, 32.1-125.4, [ 32.1-132,
or ] 32.1-135.2 [ , or 32.1-137.01 ] of the
Code of Virginia or of any applicable regulation , or (ii) is permitting,
aiding, or abetting the commission of any illegal act in the abortion facility,
the department may deny, suspend, or revoke the license to operate an abortion
facility in accordance with § 32.1-135 of the Code of Virginia.
B. If a license or certification is revoked as herein
provided, a new license or certification may be issued by the commissioner
after satisfactory evidence is submitted to him that the conditions upon which
revocation was based have been corrected and after proper inspection has been
made and compliance with
all provisions of Article 1 of Chapter 5 of Title
32.1 § 32.1-125.01, 32.1-125.4, [ 32.1-132,
and ] 32.1-135.2 [ , or 32.1-137.01 ] of the
Code of Virginia and applicable state and federal law and regulations hereunder
has been obtained.
C. Suspension of a license shall in all cases be for an indefinite time. The commissioner may restore a suspended license when he determines that the conditions upon which suspension was based have been corrected and that the interests of the public will not be jeopardized by resumption of operation. No additional fee shall be required for restoring such license.
D. The abortion facility has the right to contest the denial, revocation, or suspension of a license in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
[ 12VAC5-412-180. Personnel.
A. Each abortion facility shall have a staff that is adequately trained and capable of providing appropriate service and supervision to patients. The abortion facility shall develop, implement, and maintain policies and procedures to ensure and document appropriate staffing by licensed clinicians based on the level, intensity, and scope of services provided.
B. The abortion facility shall obtain written applications for employment from all staff. The abortion facility shall obtain and verify information on the application as to education, training, experience, and appropriate professional licensure, if applicable.
C. Each abortion facility shall obtain a criminal history record check pursuant to § 32.1-126.02 of the Code of Virginia on any compensated employee not licensed by the Board of Pharmacy, whose job duties provide access to controlled substances within the abortion facility.
D. The abortion facility shall develop, implement, and maintain policies and procedures to document that its staff participate in initial and ongoing training and education that is directly related to staff duties and appropriate to the level, intensity, and scope of services provided. This shall include documentation of annual participation in fire safety and infection prevention in-service training.
E. Job descriptions.
1. Written job descriptions that adequately describe the duties of every position shall be maintained.
2. Each job description shall include position title, authority, specific responsibilities, and minimum qualifications.
3. 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.
F. A personnel file shall be maintained for each staff member. The records shall be completely and accurately documented, readily available, including by electronic means 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 in-service education, and professional licensure, if applicable.
G. Personnel policies and procedures shall include, but not be limited to:
1. Written job descriptions that specify authority, responsibility, and qualifications for each job classification;
2. Process for verifying current professional licensing or certification and training of employees or independent contractors;
3. Process for annually evaluating employee performance and competency;
4. Process for verifying that contractors and their employees meet the personnel qualifications of the abortion facility; and
5. Process for reporting licensed and certified health care practitioners for violations of their licensing or certification standards to the appropriate board within the Department of Health Professions.
H. A personnel file shall be maintained for each staff member. Personnel record information shall be safeguarded against loss and unauthorized use. Employee health related information shall be maintained separately within the employee's personnel file. Unless redacted, copies of personnel files shall not be removed from the premises.
12VAC5-412-190. Clinical staff.
A. Physicians and nonphysician health care practitioners shall constitute the clinical staff. Clinical privileges of physician and nonphysician health care practitioners shall be clearly defined.
B. Abortions shall be performed by physicians who are licensed to practice medicine in Virginia and who are qualified by training and experience to perform abortions. The abortion facility shall develop, implement, and maintain policies and procedures to ensure and document that abortions that occur in the abortion facility are only performed by physicians who are qualified by training and experience.
C. A physician shall remain on the premises until all patients
are medically stable
, sign the discharge order, and be readily available and
accessible until the last patient is discharged. Licensed health care
practitioners trained in post-procedure assessment shall remain on the premises
until the last patient has been discharged. The physician shall give a
discharge order after assessing a patient or receiving a report from such
trained health care practitioner indicating that a patient is safe for
discharge. The abortion facility shall develop, implement, and maintain
policies and procedures that ensure there is an appropriate evaluation of
medical stability prior to discharge of the patient and that adequate adequately
trained health care practitioners remain with the patient until she is
discharged from the abortion facility.
D. Licensed practical nurses, working under direct supervision and direction of a physician or a registered nurse, may be employed as components of the clinical staff.
12VAC5-412-200. Patients' rights.
A. Each abortion facility shall establish a protocol relating
to the rights and responsibilities of patients
consistent with the current
edition of the Joint Commission Standards of Ambulatory Care. The protocol shall
include a process reasonably designed to inform patients of their rights and
responsibilities, in a language or manner they understand. Patients shall be
given a copy of their rights and responsibilities upon admission.
B. The abortion facility shall establish and maintain complaint handling procedures which specify the:
1. System for logging receipt, investigation, and resolution of complaints; and
2. Format of the written record of the findings of each complaint investigated.
C. The abortion facility shall designate staff responsible for complaint resolution, including:
1. Complaint intake, including acknowledgment of complaints;
2. Investigation of the complaint;
3. Review of the investigation findings and resolution for the complaint; and
4. Notification to the complainant of the proposed resolution within 30 days from the date of receipt of the complaint.
D. Any patient seeking an abortion shall be given a copy of the complaint procedures, in a language or manner she understands, at the time of admission to service.
E. The abortion facility shall provide each patient or her designee with the name, mailing address, and telephone number of the:
1. Abortion facility contact person; and
2. OLC Complaint Unit, including the toll-free complaint hotline number. Patients may submit complaints anonymously to the OLC. The abortion facility shall display a copy of this information in a conspicuous place.
F. The abortion facility shall maintain documentation of all complaints received and the status of each complaint from date of receipt through its final resolution. Records shall be maintained for no less than three years.
12VAC5-412-220. Infection prevention.
A. The abortion facility shall have an infection prevention
plan that encompasses the entire abortion facility and all services provided
and which is consistent with the provisions of the current edition of "Guide
to Infection Prevention in Outpatient Settings: Minimum Expectations for Safe
Care," published by the U.S. Centers for Disease Control and Prevention.
An individual with training and expertise in infection prevention shall
participate in the development of infection prevention policies and procedures
and shall review them to assure they comply with applicable regulations and
1. The process for development, implementation, and maintenance of infection prevention policies and procedures and the regulations or guidance documents on which they are based shall be documented.
2. All infection prevention policies and procedures shall be reviewed at least annually by the administrator and appropriate members of the clinical staff. The annual review process and recommendations for changes/updates shall be documented in writing.
3. A designated person in the abortion facility shall have received training in basic infection prevention, and shall also be involved in the annual review.
B. Written infection prevention policies and procedures shall include, but not be limited to:
1. Procedures for screening incoming patients and visitors for acute infectious illnesses and applying appropriate measures to prevent transmission of community-acquired infection within the abortion facility;
2. Training of all personnel in proper infection prevention techniques;
3. Correct hand-washing technique, including indications for use of soap and water and use of alcohol-based hand rubs;
4. Use of standard precautions;
5. Compliance with bloodborne pathogen requirements of the U.S. Occupational Safety and Health Administration;
6. Use of personal protective equipment;
7. Use of safe injection practices;
8. Plans for annual retraining of all personnel in infection prevention methods;
9. Procedures for monitoring staff adherence to recommended infection prevention practices; and
10. Procedures for documenting annual retraining of all staff in recommended infection prevention practices.
C. Written policies and procedures for the management of the abortion facility, equipment, and supplies shall address the following:
1. Access to hand-washing equipment and adequate supplies (e.g., soap, alcohol-based hand rubs, disposable towels or hot air driers);
2. Availability of utility sinks, cleaning supplies, and other materials for cleaning, disposal, storage, and transport of equipment and supplies;
3. Appropriate storage for cleaning agents (e.g., locked cabinets or rooms for chemicals used for cleaning) and product-specific instructions for use of cleaning agents (e.g., dilution, contact time, management of accidental exposures);
4. Procedures for handling, storing, and transporting clean linens, clean/sterile supplies, and equipment;
5. Procedures for handling/temporary storage/transport of soiled linens;
6. Procedures for handling, storing, processing, and transporting regulated medical waste in accordance with applicable regulations;
7. Procedures for the processing of each type of reusable medical equipment between uses on different patients. The procedure shall address: (i) the level of cleaning/disinfection/sterilization to be used for each type of equipment; (ii) the process (e.g., cleaning, chemical disinfection, heat sterilization); and (iii) the method for verifying that the recommended level of disinfection/sterilization has been achieved. The procedure shall reference the manufacturer's recommendations and any applicable state or national infection control guidelines;
8. Procedures for appropriate disposal of nonreusable equipment;
9. Policies and procedures for maintenance/repair of equipment in accordance with manufacturer recommendations;
10. Procedures for cleaning of environmental surfaces with appropriate cleaning products;
11. An effective pest control program, managed in accordance with local health and environmental regulations; and
12. Other infection prevention procedures necessary to prevent/control transmission of an infectious agent in the abortion facility as recommended or required by the department.
D. The abortion facility shall have an employee health program that includes:
1. Access to recommended vaccines;
2. Procedures for assuring that employees with communicable diseases are identified and prevented from work activities that could result in transmission to other personnel or patients;
3. An exposure control plan for bloodborne pathogens;
4. Documentation of screening and immunizations offered/received by employees in accordance with statute, regulation, or recommendations of public health authorities, including documentation of screening for tuberculosis and access to hepatitis B vaccine; and
5. Compliance with requirements of the U.S. Occupational Safety and Health Administration for reporting of workplace-associated injuries or exposure to infection.
E. The abortion facility shall develop, implement, and maintain policies and procedures for the following patient education, follow up, and reporting activities:
1. A procedure for surveillance, documentation, and tracking of reported infections; and
2. Policies and procedures for reporting conditions to the local health department in accordance with the Regulations for Disease Reporting and Control (12VAC5-90), including outbreaks of disease. ]
Patient Care Management
12VAC5-412-230. Patient services; patient counseling.
A. Abortions performed in abortion facilities shall be
performed only on patients who are within the first trimester of pregnancy
on an appropriate clinical estimate by a licensed physician [ as
determined in compliance with § 18.2-76 of the Code of Virginia
meaning 13 weeks and 6 days after last menstrual period or based on an
appropriate clinical estimate by a licensed health care provider ].
B. No person may perform an abortion upon an unemancipated
minor unless informed written consent is obtained from the minor and the
minor's parent, guardian, or other authorized person. [
written consent shall be notarized as required by § 16.1-241 of the Code
of Virginia. ] If the unemancipated minor elects not to seek the
informed written consent of an authorized person, a copy of the court order
authorizing the abortion entered pursuant to § 16.1-241 of the Code of
Virginia shall be obtained prior to the performance of the abortion.
C. A physician shall not perform an abortion without first obtaining the informed written consent of the patient pursuant to the provisions of § 18.2-76 of the Code of Virginia.
D. When abortions are being performed, a staff member currently certified to perform cardiopulmonary resuscitation shall be available on site for emergency care.
E. The abortion facility shall offer each patient seeking an
abortion, in a language or manner she understands, appropriate counseling and
instruction in the abortion procedure and shall develop, implement, and
maintain policies and procedures for the provision of or referral for
and post-abortion counseling services to its
F. There shall be an organized discharge planning process that
an evaluation of the patient's capacity for self-care and an
assessment of a patient's safety for discharge and discharge instructions
for patients to include instructions to call or return if signs of infection
12VAC5-412-240. Medical testing and laboratory services.
A. Prior to the initiation of any abortion, a medical history and physical examination, including a confirmation of pregnancy, and completion of all the requirements of informed written consent pursuant to § 18.2-76 of the Code of Virginia, shall be completed for each patient.
Use of any additional medical testing shall be based on an
assessment of patient risk. The clinical criteria for such additional testing
and the actions to be taken if abnormal results are found shall be documented.
Medical testing shall include a recognized method to confirm pregnancy and
determination or documentation of Rh factor.
Medical testing shall include a recognized method to
confirm pregnancy and determination or documentation of Rh factor. Use
of any additional medical testing shall be based on an assessment of patient
[ 3. The abortion facility shall develop, implement, and
maintain policies and procedures for offering screening of sexually
transmitted diseases consistent with current guidelines issued by the U.S.
Centers for Disease Control and Prevention or at a minimum referring
patients to clinics that provide such testing. ]
The policies and
procedures shall address appropriate responses to a positive screening test.
3. ] A written report of each
laboratory test and examination shall be a part of the patient's record.
B. Laboratory services shall be provided on site or through arrangement with a laboratory certified to provide the required procedures under the Clinical Laboratory Improvement Amendments of 1988 (CLIA-88) (42 CFR Part 493).
1. Facilities for collecting specimens shall be available on site.
2. If laboratory services are provided on site they shall be directed by a person who qualifies as a director under CLIA-88 and shall be performed in compliance with CLIA-88 standards.
3. All laboratory supplies shall be monitored for expiration dates, if applicable, and disposed of properly.
All tissues removed resulting from the abortion
procedure shall be examined to verify that villi or fetal parts are present ]
if; [ . If villi or fetal parts cannot be identified with
certainty, the patient shall be notified that pregnancy tissue was not
identified and the possibility of ectopic pregnancy shall be explained to the
patient. In such cases, the patient shall be offered a pathologic examination
of the tissue including a disclosure of the cost and should the patient desire,
the tissue specimen shall be sent for further pathologic examination ]
and the patient alerted to the possibility of an ectopic pregnancy, and
referred appropriately. [ The abortion facility shall have policies
and procedures for evaluation of all tissues removed during the abortion and
for reevaluation of the patient in the event the evaluation of tissue is
insufficient to confirm termination of the pregnancy. ] The
facility shall track and log any specimens sent for further pathologic
D. All tissues removed resulting from the abortion procedure shall be managed in accordance with requirements for medical waste pursuant to the Regulated Medical Waste Management Regulations (9VAC20-120).
12VAC5-412-250. Anesthesia service.
A. The anesthesia service shall comply with the office-based anesthesia provisions of the Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic (18VAC85-20-310 et seq.).
B. The anesthesia service shall be directed by and under the supervision of a physician licensed in Virginia [ who is certified in advanced resuscitative techniques and has met the continuing education requirements ].
C. When moderate sedation or conscious sedation is administered, the licensed health care practitioner who administers the anesthesia shall routinely monitor the patient according to procedures consistent with such administration. The administration of sedation and monitoring of the patient shall be documented in the patient's medical record.
D. An abortion facility administering moderate sedation/conscious sedation shall maintain the following equipment, supplies, and pharmacological agents as required by 18VAC85-20-360 B:
1. Appropriate equipment to manage airways;
2. Drugs and equipment to treat shock and anaphylactic reactions;
3. Precordial stethoscope;
4. Pulse oximeter with appropriate alarms or an equivalent method of measuring oxygen saturation;
5. Continuous electrocardiograph;
6. Devices for measuring blood pressure, heart rate, and respiratory rate;
7. Defibrillator; and
8. Accepted method of identifying and preventing the interchangeability of gases.
E. Elective general anesthesia shall not be used.
F. If deep sedation or a major conductive block is administered or if general anesthesia is administered in an emergent situation, the licensed health care practitioner who administers the anesthesia service shall remain present and available in the facility to monitor the patient until the patient meets the discharge criteria.
G. In addition to the requirements of subsection D of this section, an abortion facility administering deep sedation or a major conductive block, or administering general anesthesia in an emergent situation, shall maintain the following equipment, supplies, and pharmacological agents as required by 18VAC85-20-360 C:
1. Drugs to treat malignant hyperthermia, when triggering agents are used;
2. Peripheral nerve stimulator, if a muscle relaxant is used; and
3. If using an anesthesia machine, the following shall be included:
a. End-tidal carbon dioxide monitor (capnograph);
b. In-circuit oxygen analyzer designed to monitor oxygen concentration within breathing circuit by displaying oxygen percent of the total respiratory mixture;
c. Oxygen failure-protection devices (fail-safe system) that have the capacity to announce a reduction in oxygen pressure and, at lower levels of oxygen pressure, to discontinue other gases when the pressure of the supply of oxygen is reduced;
d. Vaporizer exclusion (interlock) system, which ensures that only one vaporizer, and therefore only a single anesthetic agent can be actualized on any anesthesia machine at one time;
e. Pressure-compensated anesthesia vaporizers, designed to administer a constant nonpulsatile output, which shall not be placed in the circuit downstream of the oxygen flush valve;
f. Flow meters and controllers, which can accurately gauge concentration of oxygen relative to the anesthetic agent being administered and prevent oxygen mixtures of less than 21% from being administered;
g. Alarm systems for high (disconnect), low (subatmospheric), and minimum ventilatory pressures in the breathing circuit for each patient under general anesthesia; and
h. A gas evacuation system.
H. The abortion facility shall develop, implement, and maintain policies and procedures outlining criteria for discharge from anesthesia care. Such criteria shall include stable vital signs, responsiveness and orientation, ability to move voluntarily, controlled pain, and minimal nausea and vomiting. Discharge from anesthesia care is the responsibility of the health care practitioner providing the anesthesia care and shall occur only when the patient has met specific physician-defined criteria, and those criteria have been documented within the patient's medical record.
[ 12VAC5-412-280. Emergency equipment and supplies.
An abortion facility shall maintain medical equipment,
supplies, and drugs appropriate and adequate to manage potential emergencies based
on the level, scope, and intensity of services provided. Such medical
equipment, supplies, and drugs shall be determined by the physician and shall
be consistent with the current edition of the American Heart Association's
Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.
Drugs shall include, at a minimum, those to treat the following conditions: 1. Cardiopulmonary arrest; 2. Seizure; 3. Respiratory distress; 4. Allergic reaction; 5. Narcotic toxicity; 6. Hypovolemic shock; and 7. Vasovagal shock. ]
12VAC5-412-290. Emergency services.
A. An abortion facility shall provide ongoing urgent or emergent care and maintain on the premises adequate monitoring equipment, suction apparatus, oxygen, and related items for resuscitation and control of hemorrhage and other complications.
B. An abortion facility that performs abortions using
intravenous sedation shall provide equipment and services to render emergency
resuscitative and life-support procedures pending transfer of the patient to a
hospital. Such medical equipment and services shall be consistent with the
current edition of the American Heart Association's Guidelines for
Cardiopulmonary Resuscitation and Emergency Cardiovascular Life
A written agreement shall be executed with a licensed
general hospital to ensure that any patient of the abortion facility shall
receive needed emergency treatment. The agreement shall be with a licensed
general hospital capable of providing full surgical, anesthesia, clinical
laboratory, and diagnostic radiology service on 30 minutes notice and which has
a physician in the hospital and available for emergency service at all times.
When emergency transfer is necessary, the responsible physician at the abortion
facility must provide direct communication to the emergency department staff
appropriate receiving facility staff regarding the status of the
patient, the procedure details, and the suspected complication. All patients
must be provided with contact information for a representative of the abortion
facility, so that an emergency department physician or treating provider may
make contact with a provider of the facility if late complications arise.
[ Part V
Support Services - Health Information Records and Reports
12VAC5-412-300. Health information records.
An accurate and complete clinical record or chart shall be
maintained on each patient. The record or chart shall contain sufficient information
to satisfy the diagnosis or need for the medical or surgical service.
If medically indicated, it shall include, but not be limited to the
1. Patient identification;
2. Admitting information, including patient history and physical examination;
3. Signed consent;
4. Confirmation of pregnancy;
5. Procedure report to include:
a. Physician orders;
b. Laboratory tests, pathologist's report of tissue, and radiologist's report of x-rays;
c. Anesthesia record;
d. Operative record;
e. Surgical medication and medical treatments;
f. Recovery room notes;
g. Physicians' and nurses' progress notes;
h. Condition at time of discharge;
i. Patient instructions (preoperative and postoperative); and
j. Names of referral physicians or agencies; and
6. Any other information required by law to be maintained in the health information record.
12VAC5-412-320. Required reporting.
A. Abortion facilities shall comply with the fetal death and induced termination of pregnancy reporting provisions in the Board of Health Regulations Governing Vital Records (12VAC5-550-120).
B. The abortion facility shall report the following events to OLC:
1. Any patient, staff, or visitor death;
2. Any serious injury to a patient;
3. Medication errors that necessitate a clinical intervention other than monitoring; and
4. A death or significant injury of a patient or staff member
resulting from a physical assault that occurs within or on the abortion
and 5. Any other incident reported to the malpractice insurance
carrier or in compliance with the federal Safe Medical Devices Act of 1990 (21
USC § 301 et seq. - Pub. L. No. 101-629).
C. Notification of the events listed in subsection B of this section shall be required within 24 hours of occurrence. Each notice shall contain the:
1. Abortion facility name;
2. Type and circumstance of the event being reported;
3. Date of the event; and
4. Actions taken by the abortion facility to protect patient and staff safety and to prevent recurrence.
D. Compliance with this section does not relieve the abortion facility from complying with any other applicable reporting or notification requirements, such as those relating to law-enforcement or professional regulatory agencies.
E. Records that are confidential under federal or state law shall be maintained as confidential by the OLC and shall not be further disclosed by the OLC, except as required or permitted by law.
F. Abortion facilities shall ensure that employees mandated to report suspected child abuse or neglect under § 63.2-1509 of the Code of Virginia comply with the reporting requirements of § 63.2-1509 of the Code of Virginia.
Functional Safety and Maintenance
12VAC5-412-330. Abortion facility security and safety.
The abortion facility shall develop, implement, and maintain
policies and procedures to ensure safety within the abortion facility and on its
grounds and to minimize hazards to all occupants. The policies and procedures
shall include, but not be limited to
: 1. Abortion facility security; 2. Safety safety rules and practices pertaining
to personnel, equipment, gases, liquids, drugs, supplies, and services ; and 3. Provisions for disseminating safety-related information
to employees and users of the abortion facility.
A. The abortion facility's structure, its component parts,
and all equipment such as elevators, heating, cooling, ventilation, and
emergency lighting, shall be kept in good repair and operating condition. Areas
used by patients shall be maintained in good repair and kept free of hazards.
All wooden surfaces shall be sealed with nonlead-based paint, lacquer, varnish,
or shellac that will allow sanitization. B. When patient monitoring equipment is utilized, a
written preventive maintenance program shall be developed and implemented. This
equipment shall be checked and/or tested in accordance with manufacturer's
specifications at periodic intervals, not less than annually, to ensure proper
operation and a state of good repair. After repairs and/or alterations are made
to any equipment, the equipment shall be thoroughly tested for proper operation
before it is returned to service. Records shall be maintained on each piece of
equipment to indicate its history of testing and maintenance.
Firefighting equipment and systems. (Repealed.) A. Each abortion facility shall establish a monitoring
program for the internal enforcement of all applicable fire and safety laws and
regulations and shall designate a responsible employee for the monitoring
program. B. All fire protection and alarm systems and other
firefighting equipment shall be inspected and tested in accordance with the
current edition of the Virginia Statewide Fire Prevention Code (§ 27-94 et seq.
of the Code of Virginia) to maintain them in serviceable condition. C. All corridors and other means of egress or exit from the
building shall be maintained clear and free of obstructions in accordance with
the current edition of the Virginia Statewide Fire Prevention Code (§ 27-94 et
seq. of the Code of Virginia). ]
Design and Construction
12VAC5-412-370. Local and state codes and standards.
Abortion facilities [ A. ] All
construction of new buildings and additions or major renovations to existing
buildings for occupancy as an abortion facility shall [ comply with conform
to all applicable ] state and local codes , and
[ zoning ] , and building ordinances [ and the
Virginia Uniform Statewide Building Code (13VAC5-63) ]. In
addition, abortion facilities [ All construction of new
buildings and additions or major renovations to existing buildings for
occupancy as an abortion facility that perform only surgical abortions or a
combination of surgical and medication induced abortions shall ] comply
[ be designed and constructed consistent with Part 1 and ]
sections 3.1‑1 through 3.1‑8 and section 3.7 [ section
3.8 of Part 3 of the ] 2010 [ Guidelines for Design
and Construction of ] Health Care [ Hospitals and
Outpatient Facilities ] of the [ , 2014 edition,
The Facilities Guidelines Institute (2014 guidelines), ] which
shall take precedence over the Virginia Uniform Statewide Building Code
[ pursuant to § 32.1-127.001 of the Code of Virginia. Abortion
facilities that perform only medication induced abortions shall be designed and
constructed consistent with sections 1.1, 1.3, and 1.4 of Part 1 of the 2014
guidelines. ] Entities operating as of the effective date of this chapter
as identified by the department through submission of Reports of Induced
Termination of Pregnancy pursuant to 12VAC5-550-120 or other means and that are
now subject to licensure may be licensed in their current buildings if such
entities submit a plan with the application for licensure that will bring them
into full compliance with this provision within two years from the date of
Abortion procedures may take place in a
procedure room, as detailed in section 3.8‑3.1 of Part 3 of the 2014
guidelines, except that minimum square footage requirements for procedure rooms
used for the provision of surgical abortion do not need to be greater than 120
square feet, with a minimum room dimension of 10 feet and a minimum clear
dimension of three feet at each side and at the foot of the bed. Rooms designed
in accordance with section 3.8‑3.2 of Part 3 of the 2014 guidelines
are not required for abortion facilities. Section 3.7‑22.214.171.124(2) of Part
3 of the 2014 guidelines shall not apply to facilities that do not have a room
designed in accordance with section 3.8‑3.2. Architectural drawings and specifications for all new
construction or for additions, alterations, or renovations to any existing
building shall be dated, stamped with professional seal, and signed by the
architect. The architect shall certify that the drawings and specifications
were prepared to conform to the Virginia Uniform Statewide Building Code
(13VAC5-63) and be consistent with the applicable sections of the 2014
guidelines. The certification shall be forwarded to the Office of Licensure and
Certification of the Virginia Department of Health. B. In order to determine whether the abortion ]
facility [ facility's design and construction is ]
in compliance [ consistent with ] this
provision [ the applicable sections of the 2014 guidelines,
the commissioner may obtain additional information from the facility or its
architect ] concerning the design and construction of the facility
[ . ]
DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-412)
Guidelines for Design and Construction of ]
Health Care [ Hospitals and Outpatient Facilities, ]
2010 Edition [ 2014 edition, ] Part 1 and
Sections 3.1‑ through 3.1‑8 and 3.7 of Part 3, [ The
Facilities Guidelines Institute ] (formerly of the American
Institute of Architects) [ , Washington, D.C. (http://www.fgiguidelines.org) ]
Guidelines for Cardiopulmonary Resuscitation and Emergency
Cardiovascular Care [
. Circulation. November 2, 2010, Volume 122,
Issue 18 Suppl 3, 2015, ] American Heart Association, 7272
Greenville Avenue, Dallas, TX 75231-4596 [ (http://circ.ahajournals.org/content/vol122/18_suppl_3/).
Sexually Transmitted Diseases Treatment Guidelines, 2010,
Centers for Disease Control and Prevention, U.S. Department of Health and Human
[ Sexually Transmitted Diseases Treatment Guidelines, 2015, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services (http://www.cdc.gov/std/tg2015/default.htm) ]
Guide to Infection Prevention for Outpatient Settings:
Minimum Expectations for Safe Care, Centers for Disease Control and Prevention,
U.S. Department of Health and Human Services
Guide to Infection Prevention for Outpatient
Settings: Minimum Expectations for Safe Care, version 2.2, November 2015,
Centers for Disease Control and Prevention, U.S. Department of Health and Human
Standards for Ambulatory Care, Rights and Responsibilities
of the Individual, 2011, [ 2015 Standards for Ambulatory Care,
The Joint Commission, 1515 W. 22nd Street, Suite 1300W, Oak Brook, IL 60523,
telephone ] 1‑877‑223‑2866 [ 1‑770‑238‑0454,
email email@example.com. ]