Citations Affected:
IC 16-18-2-14
;
IC 16-34-2-1.5.
Synopsis: Abortions in surgical centers. Provides that a first trimester
abortion may be performed in an institution that is established,
equipped, and operated primarily for the purpose of performing
surgical procedures and services only if the institution is licensed as an
ambulatory outpatient surgical center.
Effective: January 1, 2002.
January 8, 2001, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
SECTION 1.
IC 16-18-2-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 14. "Ambulatory
outpatient surgical center" for purposes of IC 16-21 means a public or
private institution that meets the following conditions:
(1) Is established, equipped, and operated primarily for the
purpose of performing surgical procedures and services.
(2) Is operated under the supervision of at least one (1) licensed
physician or under the supervision of the governing board of the
hospital if the center is affiliated with a hospital.
(3) Permits a surgical procedure to be performed only by a
physician, dentist, or podiatrist who meets the following
conditions:
(A) Is qualified by education and training to perform the
surgical procedure.
(B) Is legally authorized to perform the procedure.
(C) Is privileged to perform surgical procedures in at least one
(1) hospital within the county or an Indiana county adjacent to
the county in which the ambulatory outpatient surgical center
is located.
(D) Is admitted to the open staff of the ambulatory outpatient
surgical center.
(4) Requires that a licensed physician with specialized training or
experience in the administration of an anesthetic supervise the
administration of the anesthetic to a patient and remain present in
the facility during the surgical procedure, except when only a
local infiltration anesthetic is administered.
(5) Provides at least one (1) operating room and, if anesthetics
other than local infiltration anesthetics are administered, at least
one (1) postanesthesia recovery room.
(6) Is equipped to perform diagnostic x-ray and laboratory
examinations required in connection with any surgery performed.
(7) Does not provide accommodations for patient stays of longer
than twenty-four (24) hours.
(8) Provides full-time services of registered and licensed nurses
for the professional care of the patients in the postanesthesia
recovery room.
(9) Has available the necessary equipment and trained personnel
to handle foreseeable emergencies such as a defibrillator for
cardiac arrest, a tracheotomy set for airway obstructions, and a
blood bank or other blood supply.
(10) Maintains a written agreement with at least one (1) hospital
for immediate acceptance of patients who develop complications
or require postoperative confinement.
(11) Provides for the periodic review of the center and the center's
operations by a committee of at least three (3) licensed physicians
having no financial connections with the center.
(12) Maintains adequate medical records for each patient.
(13) Meets all additional minimum requirements as established by
the state department for building and equipment requirements.
(14) Meets the rules and other requirements established by the
state department for the health, safety, and welfare of the patients.
SECTION 2.
IC 16-34-2-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002]: Sec. 1.5. (a) This section does not apply to a
hospital licensed under IC 16-21.
(b) In addition to the requirements under section 1(a)(1) of this
chapter, if a first trimester abortion is performed in an institution
described in
IC 16-18-2-14
(1), the institution must be licensed as an
ambulatory outpatient surgical center under IC 16-21.