††††† 902 KAR 20:016. Hospitals; operations and services.

 

††††† RELATES TO: KRS 214.175, 216.2970, 216B.010, 216B.015, 216B.040, 216B.042, 216B.045, 216B.050, 216B.055, 216B.075, 216B.085, 216B.105-216B.125, 216B.140-216B.250, 216B.990, 311.241-311.247, 311.560(4), 311.992, 314.011(8), 314.042(8), 320.210(2), 333.030, 29 C.F.R. 1910.1030(d)(2)(vii), 42 C.F.R. 405, 412.23(e)

††††† STATUTORY AUTHORITY: KRS 216.2970(1), 216B.042(1), 216B.175(3), 42 U.S.C. 263a

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 216B.042 requires that the Kentucky Cabinet for Health Services regulate health facilities and health services. This administrative regulation establishes the minimum licensure requirements for the operation of hospitals and the basic services to be provided by hospitals.

 

††††† Section 1. Definitions. (1) "Accredited record technician" means a person who has graduated from a program for medical record technicians accredited by the Council on Medical Education of the American Medical Association and the American Medical Record Association, and who is certified as an accredited Record Technician by the American Medical Record Association.

††††† (2) "Certified radiation operator" means a person who has been certified pursuant to KRS 211.870 and 902 KAR 105:010 to 105:070 as an operator of radiation producing machines.

††††† (3) "Governing authority" means the individual, agency, partnership, or corporation, in which the ultimate responsibility and authority for the conduct of the institution is vested.

††††† (4) "Induration" means a firm area in the skin which develops as a reaction to the intradermal injection of five (5) tuberculin units of purified protein derivative by the Mantoux technique when a person has tuberculosis infection.

††††† (5) "Long-term acute inpatient hospital services" means acute inpatient services provided to patients whose average inpatient stay is greater than twenty-five (25) days.

††††† (6) "Medical staff" means an organized body of physicians, and dentists when applicable, appointed to the hospital staff by the governing authority.

††††† (7) "Organ procurement agency" means a federally designated organization which coordinates and performs activities which encourage the donation of organs or tissues for transplantation.

††††† (8) "Protective device" means a device designed to protect a person from falling, to include side rails, safety vest or safety belt.

††††† (9) "Psychiatric unit" means a department of a general acute care hospital consisting of eight (8) or more psychiatric beds organized for the purpose of providing psychiatric services.

††††† (10) "Registered, certified or registry-eligible dietician" means a person who is certified in accordance with KRS Chapter 310.

††††† (11) "Registered records administrator" means a person who is certified as a registered records administrator by the American Medical Record Association.

††††† (12) "Restraint" means any pharmaceutical agent or physical or mechanical device used to restrict the movement of a patient or the movement of a portion of a patientís body.

††††† (13) "Skin test" means a tuberculin skin test utilizing the intradermal (Mantoux) technique using five (5) tuberculin units of purified protein derivative (PPD). The results of the test shall be read forty-eight (48) to seventy-two (72) hours after injection and recorded in terms of millimeters of induration.

††††† (14) "Two (2) step skin testing" means a series of two (2) tuberculin skin tests administered seven (7) to fourteen (14) days apart.

 

††††† Section 2. Requirements to Provide Services. A facility shall not be licensed as, or hold itself out to be, or be called, a hospital unless it provides:

††††† (1) The full range of services required by Section 4 of this administrative regulation; and

††††† (2) Treatment for a variety of illnesses.

 

††††† Section 3. Administration and Operation. (1) Governing authority licensee.

††††† (a) The hospital shall have a recognized governing authority that has overall responsibility for the management and operation of the hospital and for compliance with federal, state, and local law pertaining to its operation.

††††† (b) The governing authority shall:

††††† 1. Appoint an administrator whose qualifications, responsibilities, authority, and accountability shall be defined in writing and approved by the governing authority; and

††††† 2. Designate a mechanism for the periodic performance review of the administrator.

††††† (2) Administrator.

††††† (a) The administrator shall:

††††† 1. Act as the chief executive officer;

††††† 2. Be responsible for the management of the hospital; and

††††† 3. Provide liaison between the governing authority and the medical staff.

††††† (b) The administrator shall keep the governing authority fully informed of the conduct of the hospital through:

††††† 1. Periodic reports; and

††††† 2. Attendance at meetings of the governing authority.

††††† (c) The administrator shall:

††††† 1. Develop an organizational structure including lines of authority, responsibility, and communication; and

††††† 2. Organize the day-to-day functions of the hospital through appropriate departmentalization and delegation of duties.

††††† (d) The administrator shall establish formal means of accountability on the part of subordinates to whom he has assigned duties.

††††† (e) The administrator shall:

††††† 1. Hold interdepartmental and departmental meetings, where appropriate;

††††† 2. Attend or be represented at the meetings on a regular basis; and

††††† 3. Report to each department as well as to the governing authority the pertinent activities of the hospital.

††††† (3) Administrative records and reports.

††††† (a) Administrative reports shall be established, maintained and utilized as necessary to guide the operation, measure productivity, and reflect the programs of the facility. Administrative reports shall include:

††††† 1. Minutes of the governing authority and staff meetings;

††††† 2. Financial records and reports;

††††† 3. Personnel records;

††††† 4. Inspection reports;

††††† 5. Incident investigation reports; and

††††† 6. Other pertinent reports made in the regular course of business.

††††† (b) The hospital shall maintain a patient admission and discharge register. If applicable, a birth register and a surgical register shall also be maintained.

††††† (c) Licensure inspection reports and plans of correction shall be made available to the general public upon request.

††††† (4) Policies. The hospital shall have written policies and procedures governing all aspects of the operation of the facility and the services provided, including:

††††† (a) A written description of the organizational structure of the facility including lines of authority, responsibility and communication, and departmental organization;

††††† (b) Admission procedure which assures that a patient is admitted to the hospital in accordance with medical staff policy;

††††† (c) Any constraint imposed on admissions by a limitation of:

††††† 1. Services;

††††† 2. Physical facilities;

††††† 3. Staff coverage; or

††††† 4. Other relevant factor;

††††† (d) Financial requirements for patients on admission;

††††† (e) Emergency admissions;

††††† (f) Requirements for informed consent by patient, parent, guardian or legal representative for diagnostic and treatment procedures;

††††† (g) An effective procedure for recording accidents involving a patient, visitor, or staff member, including incidents of transfusion reactions, drug reactions, medication errors, and similar events, and a statistical analysis shall be reported in writing through the appropriate committee;

††††† (h) Report of communicable diseases to the health department in whose jurisdiction the disease occurs, pursuant to the reporting requirements of KRS Chapter 214 and 902 KAR 2:020;

††††† (i) Use of restraints and a mechanism for monitoring and controlling their use;

††††† (j) Internal transfer of a patient from one (1) level or type of care to another, if applicable;

††††† (k) Discharge and termination of services; and

††††† (l) Organ procurement for transplant protocol developed by the medical staff in consultation with the organ procurement agency.

††††† (5) Patient identification. The hospital shall have a system for identifying each patient from time of admission to discharge; for example, an identification bracelet imprinted with:

††††† (a) Name of patient;

††††† (b) Hospital identification number;

††††† (c) Date of admission; and

††††† (d) Name of attending medical staff member.

††††† (6) Discharge planning.

††††† (a) The hospital shall have a discharge planning program to assure continuity of care for a patient being:

††††† 1. Transferred to another health care facility; or

††††† 2. Discharged to the home.

††††† (b) The professional staff of the facility involved in the patient's care during hospitalization shall participate in discharge planning of the patient whose illness requires a level of care outside the scope of the general hospital.

††††† (c) The hospital shall:

††††† 1. Coordinate the discharge of the patient with the patient and the person or agency responsible for the postdischarge care of the patient; and

††††† 2. Provide pertinent information concerning postdischarge needs to the responsible person or agency.

††††† (7) Transfer procedures and agreements.

††††† (a) The hospital shall have a written patient transfer procedure and agreement with at least one (1) of each type of other health care facility able to provide a level of inpatient care not provided by the hospital. A facility which does not have a transfer agreement in effect, but has documented a good faith effort to enter into such an agreement, shall be in compliance with this requirement. A transfer procedure and agreement shall:

††††† 1. Specify the responsibilities each institution assumes in the transfer of a patient; and

††††† 2. Establish the hospital's responsibility for:

††††† a. Notifying the receiving entity promptly of the impending transfer of a patient; and

††††† b. Arranging for appropriate and safe transportation.

††††† (b) If a patient is transferred to another health care facility or to a home health agency:

††††† 1. A transfer form containing the following information shall accompany the patient or be sent immediately to the home health agency:

††††† a. Attending medical staff member's instructions for continuing care;

††††† b. Current summary of the patient's medical record;

††††† c. Information as to special supplies or equipment needed for patient care; and

††††† d. Pertinent social information on the patient and family; and

††††† 2. A copy of the patient's signed discharge summary shall be forwarded to the health care facility or home health agency within thirty (30) days of the patient's discharge.

††††† (c) If a transfer is to another level of care within the same facility:

††††† 1. The history and physical examination report shall be transferred and shall serve to meet the history and physical examination requirement for the licensed level of care to which the patient has been transferred, in accordance with KRS 216B.175(3); and

††††† 2. The complete medical record or a current summary of the record shall be transferred with the patient.

††††† (8) Medical staff.

††††† (a) The hospital shall have a medical staff organized under bylaws approved by the governing authority. The medical staff shall be responsible to the governing authority for the quality of medical care provided to the patients and for the ethical and professional practice of its members.

††††† (b) The medical staff shall develop and adopt policies or bylaws, subject to the approval of the governing authority, which shall:

††††† 1. State the necessary qualifications for medical staff membership including licensure to practice medicine or dentistry in Kentucky, except for graduate physicians in their first year of hospital training;

††††† 2.a. Define and describe the responsibilities and duties of each category of medical staff, for example, active, associate, or courtesy;

††††† b. Delineate the clinical privileges of staff members and allied health professionals;

††††† c. Establish a procedure for granting and withdrawing staff privileges; and

††††† d. Credentials review;

††††† 3. Provide a mechanism for appeal of decisions regarding staff membership and privileges;

††††† 4. Provide a method for the selection of officers of the medical staff;

††††† 5. Establish requirements regarding the frequency of, and attendance at, general staff and department or service meetings of the medical staff;

††††† 6. Provide for the appointment of standing and special committees, and include requirements for composition and organization, frequency of and attendance at meetings, and the minutes and reports which shall be part of the permanent records of the hospital. Committees may include: executive committee, credentials committee, medical audit committee, medical records committee, infections control committee, tissue committee, pharmacy and therapeutics committee, utilization review committee, and quality assurance committee; and

††††† 7. Establish a policy requiring a member of the medical staff to sign a verbal order for diagnostic testing or treatment:

††††† a. As soon as possible after the order was given; or

††††† b. If the patient was discharged prior to the order being authenticated, within thirty (30) days of the patient's discharge.

††††† (9) Personnel.

††††† (a) The hospital shall employ a sufficient number of qualified personnel to provide effective patient care and other related services and shall have written personnel policies and procedures available to hospital personnel.

††††† (b) There shall be a written job description for each position. Each job description shall be reviewed and revised as necessary.

††††† (c) There shall be an employee health program for mutual protection of employees and patients, including provisions for preemployment and periodic health examination. The hospital shall comply with the following tuberculosis testing requirements:

††††† 1. The skin test status of each staff member shall be documented in the employee's personnel record.

††††† a. A skin test shall be initiated on each new staff member before or during the first week of employment and the results shall be documented in the employee's personnel record within the first month of employment.

††††† b. Skin testing shall not be required at the time of initial employment if the employee:

††††† (i) Documents a prior skin test of ten (10) or more millimeters of induration; or

††††† (ii) Is currently receiving or has completed six (6) months of prophylactic therapy or a course of multiple-drug chemotherapy for tuberculosis.

††††† c. Two (2) step skin testing shall be required for a new employee over age forty-five (45) whose initial test shows less than ten (10) millimeters of induration, unless the employee can document that he or she has had a tuberculosis skin test within one (1) year prior to his or her current employment.

††††† d. A staff member who has never had a skin test result of ten (10) or more millimeters induration shall be skin tested annually, on or before the anniversary of the last skin test.

††††† 2. A staff member who has a skin test result of ten (10) or more millimeters induration on initial employment or annual testing, shall receive a chest x-ray unless:

††††† a. A chest x-ray within the previous two (2) months showed no evidence of tuberculosis; or

††††† b. The individual can document the previous completion of a course of prophylactic treatment with isoniazid. The employee shall be advised of the symptoms of the disease and instructed to report to his or her employer and to seek medical attention promptly if symptoms persist.

††††† 3. The hospital administrator shall ensure that skin tests and chest x-rays are done in accordance with subparagraphs 1 and 2 of this paragraph. Skin testing dates and results and chest x-ray reports shall be recorded as a permanent part of the personnel record.

††††† 4. The following shall be reported by the hospital administrator to the local health department having jurisdiction immediately upon becoming known:

††††† a. Names of staff who convert from a skin test of less than ten (10) to a skin test of ten (10) millimeters or more induration at the time of employment; and

††††† b. Chest x-rays suspicious for tuberculosis.

††††† 5. A staff member whose skin test status changes on annual testing from less than ten (10) to ten (10) or more millimeters of induration shall be considered to be recently infected with Mycobacterium tuberculosis. Recently infected persons who have no signs or symptoms of tuberculosis disease on chest x-ray or medical history should be given preventive therapy with isoniazid for six (6) months, unless medically contraindicated, as determined by a licensed physician. A medication shall be administered only upon the written order of a physician or other ordering personnel acting within their statutory scope of practice. If an individual is unable to take isoniazid therapy, the individual shall be advised of the clinical symptoms of the disease, and shall have an interval medical history and a chest x-ray taken and evaluated for tuberculosis disease every six (6) months during the two (2) years following conversion, for a total of five (5) chest x-rays.

††††† 6. A staff member who documents completion of preventive treatment with isoniazid shall be exempt from further screening requirements.

††††† (d) The following information shall be included in each employee's personnel record:

††††† 1. Name, address, Social Security number;

††††† 2. Health records;

††††† 3. Evidence of current registration, certification, or licensure;

††††† 4. Records of training and experience;

††††† 5. Records of performance evaluation.

††††† (10) Physical and sanitary environment.

††††† (a) The condition of the physical plant and the overall hospital environment shall be maintained in such a manner that the safety and well-being of patients, personnel and visitors are assured.

††††† (b) A person shall be designated responsible for services and for the establishment of practices and procedures in each of the following areas: plant maintenance, laundry operations (if applicable), and housekeeping.

††††† (c) There shall be an infection control committee charged with the responsibility of investigating, controlling and preventing infections in the hospital. The committee shall:

††††† 1. Receive every report of an infection incident discovered by an employee;

††††† 2. Develop written infection control policies, consistent with the Centers for Disease Control guidelines.

††††† (d) The policies shall address the:

††††† 1. Prevention of disease transmission to and from patients, visitors, and employees, including:

††††† a. Universal blood and body fluid precautions;

††††† b. Precautions for infections which can be transmitted by the airborne route; and

††††† c. Work restrictions for employees with infectious diseases;

††††† 2. Use of environmental cultures; culture testing results shall be recorded and reported to the Infection Control Committee; and

††††† 3. Cleaning, disinfection, and sterilization methods used for equipment and the environment.

††††† (e) The hospital shall provide in-service education programs on the cause, effect, transmission, prevention and elimination of infections.

††††† (f) The hospital buildings, equipment, and surroundings shall be kept in a condition of good repair, neat, clean, free from accumulations of dirt, rubbish, and foul, stale or musty odors.

††††† 1. An adequate number of housekeeping and maintenance personnel shall be provided.

††††† 2. A written housekeeping procedure shall be established for the cleaning of each area and copies shall be made available to personnel.

††††† 3. Equipment and supplies shall be provided for cleaning of all surfaces. Such equipment shall be maintained in a safe, sanitary condition.

††††† 4. Hazardous cleaning solutions, compounds, and substances shall be labeled, stored in closed metal containers, and kept separate from other cleaning materials.

††††† 5. The facility shall be kept free from insects and rodents, their nesting places and entrances shall be eliminated.

††††† 6. Garbage and trash:

††††† a. Shall be stored in areas separate from those used for preparation and storage of food;

††††† b. Shall be removed from the premises regularly; and

††††† c. Containers shall be cleaned on a regular basis.

††††† (g) Sharp wastes.

††††† 1. 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.

††††† 2. A needle or other contaminated sharp shall not be purposely bent, broken, or otherwise manipulated by hand as a means of disposal, except as permitted by Occupational Safety and Health Administration guidelines at 29 CFR 1910.1030(d)(2)(vii).

††††† 3. A sharp waste container shall be incinerated on or off site, or shall be rendered nonhazardous.

††††† 4. Nondisposable sharps, such as large-bore needles or scissors, shall be placed in a puncture resistant container for transport to the Central Medical and Surgical Supply Department, in accordance with 902 KAR 20:009, Section 22.

††††† (h) Disposable waste.

††††† 1. Disposable waste shall be placed in a suitable bag or closed container 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.

††††† 2. The hospital shall establish specific written policies regarding handling and disposal of waste material.

††††† 3. The following wastes shall receive special handling:

††††† a. Microbiology laboratory waste including a viral or bacterial culture, contaminated swab, or a specimen container or test tube used for microbiologic purposes shall be incinerated, autoclaved, or otherwise rendered nonhazardous; and

††††† b. Pathological waste including a tissue specimen from a surgical or necropsy procedure shall be incinerated.

††††† 4. The following wastes shall be disposed of by incineration, or be autoclaved before disposal, or be carefully poured down a drain connected to a sanitary sewer, subject to limitations in subparagraph 5 of this paragraph: blood, blood specimens, used blood tubes, or blood products.

††††† 5. Wastes conveyed to a sanitary sewer shall comply with applicable federal, state, and local pretreatment law, including 40 CFR 403, 401 KAR 5:557, and relevant local ordinances.

††††† 6. An incinerator used for the disposal of waste shall be in compliance with 401 KAR 59:020 and 401 KAR 61:010.

††††† (i) The hospital shall have available at all times a quantity of linen essential to the proper care and comfort of patients.

††††† 1. Linens shall be handled, stored, and processed so as to control the spread of infection.

††††† 2. Clean linen and clothing shall be stored in a clean, dry, dust-free area designated exclusively for this purpose. An uncovered mobile cart may be used to distribute a daily supply of linen in patient care areas.

††††† 3. Soiled linen and clothing shall be placed in a suitable bag or closed container so as to prevent leakage or spillage, and shall be handled in such a way as to minimize direct exposure of personnel to soiled linen. Soiled linen shall be stored in an area separate from clean linen.

††††† (11) Medical and other patient records.

††††† (a) The hospital shall have a medical records service with administrative responsibility for medical records. A medical record shall be maintained, in accordance with accepted professional principles, for every patient admitted to the hospital or receiving outpatient services.

††††† 1. The medical records service shall be directed by a registered records administrator, either on a full-time, part-time, or consultative basis, or by an accredited record technician on a full-time or part-time basis, and shall have available a sufficient number of regularly assigned employees so that medical record services may be provided as needed.

††††† 2. Medical records shall be retained for at least five (5) years from date of discharge, or, in the case of a minor, three (3) years after the patient reaches the age of majority under state law, whichever is the longer.

††††† 3. Provision shall be made for written designation of the specific location for storage of medical records in the event the hospital ceases to operate because of disaster, or for any other reason. It shall be the responsibility of the hospital to safeguard both the record and its informational content against loss, defacement, and tampering. Particular attention shall be given to protection from damage by fire or water.

††††† (b) A system of identification and filing to insure the prompt location of a patient's medical record shall be maintained:

††††† 1. Index cards, if used, shall bear at least the patient's full name, birth date, and medical record number.

††††† 2. There shall be a system for coordinating the inpatient and outpatient medical records of a patient whose admission is a result of, or related to, outpatient services.

††††† 3. Clinical information pertaining to inpatient and outpatient services shall be centralized in the patient's medical record.

††††† 4. A hospital using automated data processing may keep patient indices electronically or reproduced on paper and kept in books.

††††† (c) Records of patients are the property of the hospital and shall not be taken from the facility except by court order. A patient's records, or portion thereof, including x-ray film, may be routed for consultation.

††††† 1. Only authorized personnel shall be permitted access to the patient's records.

††††† 2. Patient information shall be released only on authorization of the patient, the patient's guardian, or the executor of his estate.

††††† (d) Medical record contents shall be pertinent and current and shall include the following:

††††† 1. Identification data and signed consent forms, including name and address of next of kin, and of person or agency responsible for patient;

††††† 2. Date of admission, name of attending medical staff member, and allied health professional in accordance with subsection (8)(b)2 of this section;

††††† 3. Chief complaint;

††††† 4. Medical history including present illness, past history, family history, and physical examination results;

††††† 5. Report of special examinations or procedures, such as consultations, clinical laboratory tests, x-ray interpretations, EKG interpretations, etc.;

††††† 6. Provisional diagnosis or reason for admission;

††††† 7. Orders for diet, diagnostic tests, therapeutic procedures, and medications, including patient limitations, signed and dated by the medical staff member or other ordering personnel acting within the limits of their statutory scope of practice;

††††† 8. Medical, surgical and dental treatment notes and reports, signed and dated by a physician, dentist, or other ordering personnel acting within the limits of their statutory scope of practice when applicable, including records of all medication administered to the patient;

††††† 9. Complete surgical record signed by attending surgeon, or oral surgeon, to include anesthesia record signed by anesthesiologist or anesthetist, preoperative physical examination and diagnosis, description of operative procedures and findings, postoperative diagnosis, and tissue diagnosis by qualified pathologist on tissue surgically removed;

††††† 10. Patient care plan which addresses the comprehensive care needs of the patient, to include the coordination of the facility's service departments that have impact on patient care;

††††† 11. Nurses' observations and progress notes of a physician, dentist, or other ordering personnel acting within their statutory scope of practice;

††††† 12. Record of temperature, blood pressure, pulse and respiration;

††††† 13. Final diagnosis using terminology in the current version of the International Classification of Diseases or the American Psychiatric Association's Diagnostic and Statistical Manual, as is applicable;

††††† 14. Discharge summary, including condition of patient on discharge, and date of discharge;

††††† 15. In case of death:

††††† a. Autopsy findings, if performed; and

††††† b. An indication that the patient has been evaluated for organ donation in accordance with hospital protocol.

††††† (e) Records shall be indexed according to disease, operation, and attending medical staff member. Any recognized indexing system may be used.

††††† 1. The disease and operative indices shall:

††††† a. Use recognized nomenclature;

††††† b. Include each specific disease diagnosed and each operative procedure performed; and

††††† c. Include essential data on each patient having that particular condition;

††††† 2. The attending medical staff index shall include all patients attended or seen in consultation by each medical staff member;

††††† 3. Indexing shall be current, within six (6) months following discharge of the patient.

††††† (12) Organ donation.

††††† (a) The hospital shall establish and maintain a written protocol for organ procurement for transplant, in consultation with an organ procurement agency, that encourages organ donation and identifies potential organ donors.

††††† (b) If a patient has died or death is imminent, the patient's attending physician shall determine, in accordance with the hospital's protocol, whether the patient is a potential organ or tissue donor.

††††† (c) The hospital protocol shall include:

††††† 1. Criteria, developed in consultation with the organ procurement agency, for identifying potential donors;

††††† 2. Procedures for obtaining consent for organ donation;

††††† 3. Procedures for the hospital administrator or his designee to notify the organ procurement agency of a potential organ donor;

††††† 4. Procedures by which the patient's attending physician or designee shall document in the patient's medical record that:

††††† a. If the patient is a potential donor, the organ procurement agency has been notified; or

††††† b. The contraindications to donation.

††††† 5. Procedures for the hospital administrator or his designee to report to the Cabinet for Health Services, Office of the Inspector General, information about the possible sale, purchase, or brokering of a transplantable organ, as required by KRS 311.241(3).

††††† (d) A patient with impending or declared brain death or cardiopulmonary death, as determined pursuant to KRS 446.400, shall not be a potential donor if contraindications are identified and documented in the patient's medical record.

 

††††† Section 4. Provision of Services. (1) Medical staff services.

††††† (a) Medical care provided in the hospital shall be under the direction of a medical staff member in accordance with staff privileges granted by the governing authority.

††††† (b) The attending medical staff member shall assume full responsibility for diagnosis and care of his patient. Other qualified personnel may complete medical histories, perform physical examinations, record findings, and compiler discharge summaries, in accordance with their scope of practice and the hospital's protocols and bylaws.

††††† (c) A complete history and physical examination shall be conducted according to the requirements of KRS 216B.175(2).

††††† 1. The history and physical examination shall include:

††††† a. A description of the patient's chief complaint, the major reason for hospitalization;

††††† b. A history of the patient's:

††††† (i) Present illness;

††††† (ii) Past illnesses;

††††† (iii) Surgeries;

††††† (iv) Medications;

††††† (v) Allergies;

††††† (vi) Social history;

††††† (vii) Immunizations;

††††† c. A review of the patient's anatomical systems and level of function at the time of the exam;

††††† d. A patient's vital signs;

††††† e. A general observation of the patient's:

††††† (i) Alertness;

††††† (ii) Debilities; and

††††† (iii) Emotional behavior;

††††† 2. The results of the history and physical examination shall be recorded, reviewed for accuracy, and signed by the practitioner conducting the examination.

††††† (d) The attending medical staff member shall state his final diagnosis, assure that the discharge summary is completed and sign the records within thirty (30) days following the patient's discharge.

††††† (e) Physician services shall be available twenty-four (24) hours a day on at least an on-call basis.

††††† (f) There shall be sufficient medical staff coverage for all clinical services of the hospital, in keeping with their size and scope of activity.

††††† (2) Nursing service.

††††† (a) The hospital shall have a nursing department organized to meet the nursing care needs of the patients and maintain established standards of nursing practice. A registered nurse, preferably one who has a bachelor of science degree in nursing, shall serve as director of the nursing department.

††††† (b) There shall be a registered nurse on duty at all times.

††††† 1. There shall be registered nurse supervision and staff nursing personnel for each service or nursing unit to insure the immediate availability of a registered nurse for all patients on a twenty-four (24) hour basis.

††††† 2. There shall be other nursing personnel in sufficient numbers to provide nursing care not requiring the service of a registered nurse.

††††† 3. There shall be additional registered nurses for surgical, obstetrical, emergency, and other services of the hospital, in keeping with their size and scope of activity.

††††† 4. Persons not employed by the hospital who render special duty nursing services in the hospital shall be under the supervision

of the nursing supervisor of the department or service concerned.

††††† (c) The hospital shall have written nursing care procedures and written nursing care plans for patients. Patient care shall be carried out in accordance with attending medical staff member's orders, nursing process, and nursing care procedures.

††††† 1. The nurse shall evaluate the patient using standard nursing procedure.

††††† 2. A registered nurse shall assign staff and evaluate the nursing care of each patient in accordance with the patient's need and the nursing staff available.

††††† 3. Nursing notes shall be written and signed on each shift by persons rendering care to patients. The notes shall be descriptive of the nursing care given and shall include information and observations of significance which contribute to the continuity of patient care.

††††† 4. A medication shall be administered only by a:

††††† a. Registered nurse;

††††† b. Physician;

††††† c. Dentist;

††††† d. Physician's assistant;

††††† e. Advanced practice registered nurse;

††††† f. Licensed practical nurse under the supervision of a registered nurse; or

††††† g. Paramedic acting within his statutory scope of practice, and in accordance with the hospital's operating policies and procedures.

††††† 5. Except in a circumstance that requires a verbal order, a medication, diagnostic test, or treatment shall not be given without a written order signed by a physician, dentist, or other ordering personnel acting within their statutory scope of practice.

††††† a. A verbal order for a medication shall be given only to a licensed practical or registered nurse, paramedic, or pharmacist and shall be signed by a member of the medical staff or other ordering practitioner:

††††† (i) As soon as possible after the order was given; or

††††† (ii) If the patient was discharged prior to the order being authenticated, within thirty (30) days of the patientís discharge.

††††† b. A verbal order for a diagnostic test or treatment order may be given to a licensed practitioner acting within his statutory scope of practice and the hospital's protocols.

††††† c. A person receiving a verbal order for medication, a diagnostic test, or treatment shall, at the time the order is received:

††††† (i) Immediately transcribe the order;

††††† (ii) Repeat the order to the person issuing the order; and

††††† (iii) Annotate the order on the patient's medical record, as repeated and verified.

††††† 6. Patient restraints or protective devices, other than bed rails, shall not be used, except in an emergency until the attending medical staff member can be contacted, or upon written or telephone orders of the attending medical staff member. If restraint is necessary, the least restrictive form of protective device shall be used which affords the patient the greatest possible degree of mobility and protection. A locking restraint shall not be used under any circumstances.

††††† 7. Meetings of the nursing staff and other nursing personnel shall be held at least monthly to discuss patient care, nursing service problems, and administrative policies. Written minutes of all meetings shall be kept.

††††† (3) Dietary services.

††††† (a) The hospital shall have a dietary department, organized, directed and staffed to provide quality food service and optimal nutritional care.

††††† 1. The dietary department shall be directed on a full-time basis by an individual who, by education or specialized training and experience, is knowledgeable in food service management.

††††† 2. The dietary service shall have at least one (1) registered, certified or registry-eligible dietician working full-time, part-time, or on a consultative basis, to supervise the nutritional aspects of patient care.

††††† 3. Sufficient additional personnel shall be employed to perform assigned duties to meet the dietary needs of all patients.

††††† 4. The dietary department shall have current written policies and procedures for food storage, handling, and preparation. Written dietary policy and procedure shall be available to dietary personnel.

††††† 5. An in-service training program, which shall include the proper handling of food, safety and personal grooming, shall be given at least quarterly for new dietary employees.

††††† (b) Menus shall be planned, written and rotated to avoid repetition. Nutritional needs shall be met in accordance with recommended dietary allowances of the Food and Nutrition Board of the National Research Council of the National Academy of Sciences and in accordance with the medical staff member's orders.

††††† (c) Each meal shall correspond with the posted menu. When a change is necessary, substitution shall provide equal nutritive value and the change shall be recorded on the menu. Each menu shall be kept on file for thirty (30) days.

††††† (d) Every diet, regular and therapeutic, shall be prescribed in writing, dated, and signed by the attending medical staff member or other ordering personnel acting within their statutory scope of practice. Information on the diet order shall be specific and complete and shall include the title of the diet, modifications in specific nutrients stating the amount to be allowed in the diet, and specific problems that may affect the diet or eating habits.

††††† (e) Food shall be prepared by methods that conserve nutritive value, flavor, and appearance, and shall be served at the proper temperatures and in a form, such as cut, chopped, or ground, to meet individual needs.

††††† (f) If a patient refuses foods served, nutritious substitutions shall be offered.

††††† (g) At least three (3) meals or their equivalent shall be served daily with not more than a fifteen (15) hour span between a substantial evening meal and a breakfast unless otherwise directed by the attending medical staff member. Meals shall be served at regular times with between-meal or bedtime snacks of nourishing quality offered.

††††† (h) There shall be at least a three (3) day supply of food available in the facility at all times to prepare well-balanced palatable meals for all patients.

††††† (i) There shall be an identification system for patient trays, and methods used to assure that each patient receives the appropriate diet as ordered.

††††† (j) The hospital shall comply with all applicable provisions of KRS 219.011 to KRS 219.081 and 902 KAR 45:005, the Retail Food Code.

††††† (4) Laboratory services. The hospital shall have a well-organized, adequately supervised laboratory with the necessary space, facilities and equipment to perform services commensurate with the hospital's needs for its patients. Anatomical pathology services and blood bank services shall be available in the hospital or by arrangement with other facilities.

††††† (a) Clinical laboratory. Basic clinical laboratory services necessary for routine examinations shall be available regardless of the size, scope and nature of the hospital.

††††† 1. Equipment necessary to perform the basic tests shall be provided by the hospital.

††††† 2. Equipment shall be in good working order, routinely checked, and precise in terms of calibration.

††††† 3. Provision shall be made to carry out adequate clinical laboratory examinations including chemistry, microbiology, hematology, serology, and clinical microscopy.

††††† a. Some services may be provided through arrangement with another licensed hospital which has the appropriate laboratory facilities, or with an independent laboratory licensed pursuant to 42 CFR Part 405, KRS 333.030, and relevant administrative regulations.

††††† b. The original report from a test performed by an outside laboratory shall be contained in the patient's medical record.

††††† 4. Laboratory facilities and services shall be available at all times.

††††† a. Emergency laboratory services shall be available twenty-four (24) hours a day, seven (7) days a week, including holidays, either in the hospital or under arrangement, as specified in subparagraph 3a of this paragraph.

††††† b. The conditions, procedures, and availability of a service performed by an outside laboratory shall be in writing and available in the hospital.

††††† 5. There shall be a clinical laboratory director and a sufficient number of supervisors, technologists and technicians to perform promptly and proficiently the tests requested of the laboratory. The laboratory shall not perform a procedure or test outside the scope of training of the laboratory personnel.

††††† 6. Laboratory services shall be under the direction of a pathologist or other doctor of medicine or osteopathy with training and experience in clinical laboratory services, or a laboratory specialist with a doctoral degree in physical, chemical or biological sciences, and training and experience in clinical laboratory services.

††††† 7. A signed report of each laboratory service provided shall be filed with the patient's medical record. A duplicate copy shall be kept in the department.

††††† a. The laboratory report shall be signed by the technologist who performed the test.

††††† b. Every request for a laboratory test shall be ordered and signed by qualified personnel in accordance with their scope of practice and the hospital's protocols and bylaws.

††††† (b) Anatomical pathology. Anatomical pathology services shall be provided as indicated by the needs of the hospital, either in the hospital or under arrangement as specified in paragraph (a)3a of this subsection.

††††† 1. Anatomical pathology services shall be under the direct supervision of a pathologist on a full-time, regular part-time or regular consultative basis. If the latter pertains, the hospital shall provide for at least monthly consultative visits by a pathologist.

††††† 2. The pathologist shall participate in staff, departmental and clinicopathologic conference.

††††† 3. The pathologist shall be responsible for establishing the qualifications of staff and for their in-service training.

††††† 4. Except for exclusions listed in written policies of the medical staff, tissues removed at surgery shall be macroscopically, and if necessary, microscopically examined by the pathologist.

††††† a. A list of tissues which do not routinely require microscopic examination shall be developed in writing by the pathologist or designated physician with the approval of the medical staff.

††††† b. A tissue file shall be maintained in the hospital.

††††† c. In the absence of a pathologist, there shall be an established plan for sending tissue requiring examination to a pathologist outside the hospital.

††††† 5. A signed report of a tissue examination shall be filed promptly with the patient's medical record. A duplicate copy shall be kept in the department.

††††† a. Each report of a macro or microscopic examination performed shall be signed by the pathologist.

††††† b. Examination results shall be filed promptly in the patient's medical record. The medical staff member requesting the examination shall be notified promptly.

††††† c. A duplicate copy of each examination report shall be filed in the laboratory in a manner which permits ready identification and accessibility.

††††† (c) The laboratory shall meet the proficiency testing and quality control provisions in accordance with certification requirements of 42 USC Part 263a.

††††† (d) Blood bank. Facilities for procurement, safekeeping and transfusion of blood and blood products shall be provided or shall be readily available.

††††† 1. The hospital shall maintain, as a minimum, proper blood storage facilities under adequate control and supervision of the pathologist or other authorized physician.

††††† 2. For emergency situations the hospital shall:

††††† a. Maintain at least a minimum blood supply in the hospital at all times;

††††† b. Be able to obtain blood quickly from community blood banks or institutions; or

††††† c. Have an up-to-date list of donors and equipment necessary to obtain blood from them.

††††† 3. If the hospital utilizes outside blood banks, there shall be a written agreement governing the procurement, transfer and availability of blood.

††††† 4. There shall be a provision for prompt blood typing and cross-matching and for laboratory investigation of transfusion reactions, either through the hospital or by arrangement with others on a continuous basis, under the supervision of a physician.

††††† 5. Blood storage facilities in the hospital shall have an adequate alarm system, which shall be regularly inspected and tested and shall be otherwise safe and adequate.

††††† 6. Records shall be kept on file indicating the receipt and disposition of blood provided to patients in the hospital.

††††† 7. A committee of the medical staff, or its equivalent, shall review transfusions of blood or blood derivatives and shall make recommendations concerning policies governing transfusion practices.

††††† 8. Samples of each unit of blood used at the hospital shall be retained, according to the instructions of the committee indicated in subparagraph 7 of this paragraph, for further testing in the event of an adverse reaction. Blood not retained which has exceeded its expiration date shall be disposed of promptly.

††††† 9. The review committee shall investigate each transfusion reaction occurring in the hospital and shall make recommendations to the medical staff regarding improvement in transfusion procedure.

††††† (5) Pharmaceutical services.

††††† (a) The hospital shall have adequate provisions for the handling, storing, recording, and distribution of pharmaceuticals in accordance with state and federal law.

††††† 1. A hospital that maintains a pharmacy for compounding and dispensing of drugs shall provide pharmaceutical services under the supervision of a registered pharmacist on a full-time or part-time basis, according to the size and demands of the hospital.

††††† a. The pharmacist shall be responsible for supervising and coordinating the activities of the pharmacy department.

††††† b. Additional personnel competent in their respective duties shall be provided in keeping with the size and activity of the department.

††††† 2. A hospital not maintaining a pharmacy shall have a drug room utilized only for the storage and distribution of drugs, drug supplies and equipment. Prescription medications shall be dispensed by a registered pharmacist elsewhere. The drug room shall be operated under the supervision of a pharmacist employed at least on a consultative basis.

††††† a. The consulting pharmacist shall assist in drawing up correct procedures and directions for the distribution of drugs. The consulting pharmacist shall visit the hospital on a regularly scheduled basis in the course of his duties.

††††† b. The drug room shall be kept locked and the key shall be in the possession of a responsible person on the premises designated by the administrator.

††††† (b) Records shall be kept of the transactions of the pharmacy or drug room and shall be correlated with other hospital records where indicated.

††††† 1. The pharmacy shall establish and maintain a system of records and bookkeeping in accordance with accounting procedures and policies of the hospital for maintaining adequate control over the requisitioning and dispensing of drugs and drug supplies and for charging patients for drugs and pharmaceutical supplies.

††††† 2. A record of the stock on hand and of the dispensing of every controlled substance shall be maintained in such a manner that the disposition of any particular item may be readily traced.

††††† (c) The medical staff in cooperation with the pharmacist and other disciplines, as necessary, shall develop policies and procedures that govern the safe administration of drugs, including:

††††† 1. The administration of medications only upon the order of an individual who has been assigned clinical privileges or who is an authorized member of the house staff;

††††† 2. Review of the original order, or a direct copy by the pharmacist dispensing the drugs;

††††† 3. The establishment and enforcement of automatic stop orders;

††††† 4. Proper accounting for, and disposition of, unused medications or special prescriptions returned to the pharmacy as a result of:

††††† a. The discharge of the patient; or

††††† b. The medication or prescription does not meet requirements for sterility or labeling;

††††† 5. Emergency pharmaceutical services; and

††††† 6. Reporting adverse medication reactions to the appropriate committee of the medical staff.

††††† (d) Therapeutic ingredients of medications dispensed shall be favorably evaluated in the:

††††† 1. United States Pharmacopoeia;

††††† 2. National Formulary;

††††† 3. United States Homeopath-Pharmacopoeia;

††††† 4. New drugs; or

††††† 5. Accepted dental remedies. Other necessary medication shall be approved for use by the appropriate committee of the medical staff.

††††† (e) A pharmacist shall be responsible for determining specifications and choosing acceptable sources for drugs, with approval of the appropriate committee of the medical staff.

††††† (f) There shall be available a formulary or list of drugs accepted for use in the hospital which shall be developed and amended at regular intervals by the appropriate committee of the medical staff.

††††† (6) Radiology services.

††††† (a) The hospital shall have:

††††† 1. Diagnostic radiology facilities currently licensed or registered pursuant to the Kentucky Radiation Control Act of 1978 (KRS 211.842 to 211.852);

††††† 2. At least one (1) fixed diagnostic x-ray unit capable of general x-ray procedures;

††††† 3. A radiologist on at least a consulting basis to:

††††† a. Function as medical director of the department; and

††††† b. Interpret films requiring specialized knowledge for accurate reading;

††††† 4. Personnel adequate to supervise and conduct services, including one (1) certified radiation operator who shall be on duty or on call at all times.

††††† (b) There shall be written policies and procedures governing radiologic services and administrative routines that support sound radiologic practices.

††††† 1. Signed reports shall be filed in the patient's record and duplicate copies kept in the department.

††††† 2. Radiologic services shall be performed only upon written order of qualified personnel in accordance with their scope of practice and the hospital's protocols and bylaws, and the order shall contain a concise statement of the reason for the service or examination.

††††† 3. Reports of interpretations shall be written or dictated and signed by the radiologist.

††††† 4. Only a certified radiation operator, under the direction of medical staff members, if necessary shall use any x-ray apparatus or material. Uses include application, administration, and removal of radioactive elements, disintegration products, and radioactive isotopes. A certified radiation operator, under the direction of a physician, may administer medications allowed within their professional scope of practice and the context of radiological services and procedures being performed.

††††† (c) The radiology department shall be free of hazards for patients and personnel. Proper safety precautions shall be maintained against fire and explosion hazards, electrical hazards and radiation hazards.

††††† (7) Physical restoration or rehabilitation service. If the hospital provides rehabilitation, work hardening, physical therapy, occupational therapy, audiology, or speech pathology services, the services shall be organized and staffed to insure the health and safety of patients.

††††† (a) A hospital in which physical restoration or rehabilitation services are available shall provide individualized techniques required to achieve maximum physical function normal to the patient while preventing unnecessary debilitation and immobilization.

††††† (b) Written policies and procedures shall be developed for each rehabilitation service provided.

††††† (c) A member of the medical staff shall be designated to coordinate restorative services provided to patients in accordance with their needs.

††††† (d) Therapeutic equipment shall be adequate to meet the needs of the service and shall be in good condition.

††††† (e) Therapy services shall be provided only upon written orders of qualified personnel in accordance with their scope of practice and according to the hospital's protocols and bylaws.

††††† (f) Therapy services shall be provided by or under the supervision of a licensed therapist, on a full-time, part-time or consultative basis.

††††† (g) A complete therapy record shall be maintained for each patient provided physical therapy services. The report shall be signed by the therapist who prepared it and shall be a part of the patient's medical record.

††††† (8) Emergency services.

††††† (a) A hospital shall develop written procedures for emergency patient care, including a requirement for:

††††† 1. Each patient requesting emergency care to be evaluated by a registered nurse;

††††† 2. At least one (1) registered nurse on duty to perform patient evaluation; and

††††† 3. A physician to be on call.

††††† (b) A patient that presents to the hospital requesting emergency services shall be triaged by a registered nurse or paramedic acting within his statutory scope of practice, and in accordance with the hospital's formal operating policies and procedures.

††††† (c) The medical staff of a hospital within an organized emergency department of service shall establish and maintain a manual of policy and procedures for emergency and nursing care provided in the emergency room.

††††† 1. The emergency service shall be under the direction of a licensed physician. Medical staff members shall be available at all times for the emergency service, either on duty or on call. Current schedules and telephone numbers shall be posted in the emergency room.

††††† 2. Nursing personnel shall be assigned to, or designated to cover, the emergency service at all times.

††††† 3. Facilities shall be provided to assure prompt diagnosis and emergency treatment. A specific area of the hospital shall be utilized for patients requiring emergency care on arrival. The emergency area shall be located in close proximity to an exterior entrance of the facility and shall be independent of the operating room suite.

††††† 4. Diagnostic and treatment equipment, drugs, and supplies shall be readily available for the provision of emergency services and shall be adequate in terms of the scope of services provided.

††††† 5. Adequate medical records shall be kept on every patient seen in the emergency room. These records shall be under the supervision of the Medical Record Service and, where appropriate, shall be integrated with inpatient and outpatient records. Emergency room records shall include at least:

††††† a. A log listing the patient visits to the emergency room in chronological order, including:

††††† (i) Patient identification;

††††† (ii) Means of arrival;

††††† (iii) Person transporting patient; and

††††† (iv) Time of arrival;

††††† b. History of present complaint and physical findings;

††††† c. Laboratory and x-ray reports, where applicable;

††††† d. Diagnosis;

††††† e. Treatment ordered and details of treatment provided;

††††† f. Patient disposition;

††††† g. Record of referrals;

††††† h. Instructions to the patient or family for those not admitted to the hospital; and

††††† i. Signatures of attending medical staff member, and nurse when applicable.

††††† (9) Outpatient services.

††††† (a) A hospital with organized outpatient department shall have written policies and procedures relating to the staff, functions of service, and outpatient medical records.

††††† (b) The outpatient department shall be organized in sections, or clinics, the number of which shall depend on the size and degree of departmentalization of the medical staff, the available facilities, and the needs of the patient it serves.

††††† (c) The outpatient department shall have appropriate cooperative arrangements and communications with community agencies such as home health agencies, the local health department, social and welfare agencies, and other outpatient departments.

††††† (d) Each service offered by the outpatient department shall be under the direction of a physician who is a member of the medical staff.

††††† 1. A registered nurse shall be responsible for the nursing services of the department.

††††† 2. The number and type of other personnel employed shall be determined by the volume and type of services provided and type of patient served in the outpatient department.

††††† (e) Necessary laboratory and other diagnostic tests shall be available through:

††††† 1. The hospital;

††††† 2. A laboratory in another licensed hospital;

††††† 3. A laboratory licensed pursuant to KRS 333.030.

††††† (f) Medical records shall be maintained and, where appropriate, coordinated with other hospital medical records.

††††† 1. The outpatient medical record shall be filed in a location which insures ready accessibility to the medical staff members, nurses, and other personnel of the outpatient department.

††††† 2. Information in the medical record shall be complete and sufficiently detailed relative to the patient's history, physical examination, laboratory and other diagnostic tests, diagnosis, and treatment.

††††† (10) Surgery services.

††††† (a) A hospital in which surgery is performed shall have an operating room and a recovery room supervised by a registered nurse qualified by training, experience and ability to direct surgical nursing care.

††††† 1. Sufficient surgical equipment, including suction facilities and instruments in good repair, shall be provided to assure safe and aseptic treatment of surgical cases.

††††† 2. If flammable anesthetics are used, precautions shall be taken to eliminate hazards of explosions, including use of shoes with conductive soles and prohibition of garments or other items of silk, wool, or synthetic fibers which accumulate static electricity.

††††† (b) There shall be effective policies and procedures regarding surgical staff privileges, functions of the service, and evaluation of the surgical patient.

††††† 1. Surgical privileges shall be delineated for each member of the medical staff doing surgery in accordance with the competencies of each, and a roster shall be maintained.

††††† 2. Except in emergencies, a surgical operation or other hazardous procedure shall be performed only on written consent of the patient or his legal representative.

††††† 3. The operating room register shall be complete and up to date. It shall include the patient's name; hospital room number; preoperative and postoperative diagnosis; complications, if any; names of surgeon, first assistant, anesthesiologist or anesthetist, scrub and circulating nurse; operation performed; and type of anesthesia.

††††† 4. There shall be a complete history and physical workup in the chart of every patient prior to surgery. If the history and workup has been transcribed but not yet recorded in the patient's chart, there shall be a statement to that effect and an admission note by the attending medical staff member in the chart. The chart shall accompany the patient to the operating suite and shall be returned to the patient's floor or room after the operation.

††††† 5. An operative report describing the techniques and findings shall be written or dictated immediately following surgery and shall be signed by the surgeon.

††††† 6. Tissues removed by surgery shall be placed in suitable solutions, properly labeled, and submitted to the pathologist for macroscopic and, if necessary, microscopic examination.

††††† 7. An infection of a clean surgical case shall be recorded and reported to the appropriate committee of the medical staff. The committee shall investigate the matter according to a procedure previously developed by the committee.

††††† (c) Rules and policies related to the operating rooms shall be available and posted.

††††† (11) Anesthesia services.

††††† (a) A hospital that provides surgical or obstetrical services shall have anesthesia services available. Anesthesia services shall be organized under written policies and procedures regarding staff privileges, the administration of anesthetics, and the maintenance of safety controls.

††††† (b) A physician member of the medical staff shall be the medical director of anesthesia services. If possible, the director shall be a physician specializing in anesthesiology.

††††† (c) If anesthetics are not administered by an anesthesiologist, the medical staff shall designate a medical staff anesthetist or a registered nurse anesthetist qualified to administer anesthetics at the direction of the operating surgeon.

††††† (d) A qualified medical staff member shall perform a preanesthetic physical examination for every patient requiring anesthesia services. The following shall be recorded within forty-eight (48) hours of surgery:

††††† 1. Findings of the preanesthetic physical examination;

††††† 2. An anesthetic record on a special form; and

††††† 3. A postanesthetic follow-up, with findings recorded by the anesthesiologist, medical staff anesthetist, or nurse anesthetist.

††††† (e) The postanesthetic follow-up note shall be written upon discharge from the postanesthesia recovery area or within three (3) to twenty-four (24) hours after the procedure requiring anesthesia. The note shall include:

††††† 1. Blood pressure and pulse measurements;

††††† 2. Presence or absence of the swallowing reflex and cyanosis;

††††† 3. Postoperative abnormalities or complications; and

††††† 4. The patient's general condition.

††††† (12) Obstetrics service.

††††† (a) A hospital providing obstetrical care shall have adequate space, necessary equipment and supplies, and a sufficient number of nursing personnel to assure safe and aseptic treatment of mothers and newborns and to provide protection from infection and cross-infection.

††††† 1. The obstetrics service shall be under the medical direction of a physician and under the supervision of a registered nurse qualified by training, experience, and ability to direct effective obstetrical and newborn nursing care. A hospital with an obstetrical caseload that does not justify a separate nursing staff, obstetrical nurses shall be designated and shall be oriented to the specific needs of obstetrical patients.

††††† 2. A registered nurse shall be on duty in the labor and delivery unit if a patient is in the unit. Each obstetrics patient shall be kept under close observation by professional personnel during the period of recovery after delivery, whether in the delivery room or in a recovery area, until the patient is transferred to the maternity unit.

††††† 3. An on-call schedule or other suitable arrangement shall be provided to ensure that a physician who is experienced in obstetrics is readily available for consultation and for an obstetrical emergency.

††††† 4. Patients in labor shall be cared for in adequately equipped labor rooms.

††††† (b) An adequate supply of prophylaxis for the prevention of infant blindness shall be kept on hand and administered within thirty (30) minutes after delivery, in accordance with 902 KAR 4:020.

††††† (c) The hospital shall comply with the provisions of KRS 214.155 and 902 KAR 4:030 in administering tests for inborn errors of metabolism to infants.

††††† (d) The hospital shall have a method and procedure for the positive associative identification of the mother and infant. The identifiers shall be placed on mother and newborn in the delivery room at the time of birth and shall remain in place during the entire period of hospitalization.

††††† (e) An up-to-date register book of deliveries shall be maintained containing the following information:

††††† 1. Infant's full name, sex, date, time of birth and weight;

††††† 2. Mother's full name, including maiden name, address, birthplace and age at time of this birth;

††††† 3. Father's full name, birthplace, age at time of this birth; and

††††† 4. Full name of attending physician or nurse midwife.

††††† (f) Each hospital providing maternity service shall provide a nursery which shall not be used for any other purpose. Specific routines for daily care of infants and their environment shall be prepared in writing and posted in the nursery workroom.

††††† (g) A policy shall be established for:

††††† 1. A delivery occurring outside the delivery room; and

††††† 2. A patient with an infectious disease.

††††† (h) Written policies and procedures shall be developed to cover alternative use of obstetrical beds.

††††† (i) The hospital shall comply with the provisions of KRS 214.175 in participating in surveys relating to the determination of alcohol or other substance abuse among pregnant women and newborn infants.

††††† (j) The hospital shall comply with the provisions of KRS 216.2970 in conducting auditory examinations for newborn infants.

††††† (13) Pediatric services.

††††† (a) A hospital providing pediatric care shall have proper facilities for the care of children apart from the newborn and maternity nursing services. If there is not a separate area permanently designated as the pediatric unit, there shall be an area within an adult care unit for pediatric patient care. There shall be available beds and other equipment which are appropriate in size for pediatric patients.

††††† (b) There shall be proper facilities and procedures for the isolation of children with infectious, contagious or communicable conditions. At least one (1) patient room shall be available for isolation use.

††††† (c) A physician with pediatric experience shall be on call at all times for the care of pediatric patients.

††††† (d) Pediatric nursing care shall be under the supervision of a registered nurse qualified by training, experience and ability to direct effective pediatric nursing. Nursing personnel assigned to pediatric service shall be oriented to the special care of children.

††††† (e) Policies shall be established to cover conditions under which parents may stay with small children or "room-in" with their hospitalized child for moral support and assistance with care.

††††† (14) Psychiatric services. A hospital with a psychiatric unit shall designate the location and number of beds to be licensed as psychiatric beds and shall meet the requirements for psychiatric hospital operations, services, and licensure administrative regulation.

††††† (15) Chemical dependency treatment services. A hospital providing chemical dependency treatment services shall meet the requirements of 902 KAR 20:160, Sections 3 and 4, and shall designate location and number of beds to be used for chemical dependency treatment services.

††††† (16) Medical library.

††††† (a) The hospital shall maintain appropriate medical library services according to the professional and technical needs of hospital personnel.

††††† (b) The medical library shall be in a location accessible to the professional staff. The library collection shall be organized and available to the medical and nursing staff members at all times.

 

††††† Section 5. Long-term Acute Inpatient Hospital Services. (1) A hospital licensed pursuant to this administrative regulation and seeking to qualify for available Title XVIII Medicare reimbursement may provide long-term acute inpatient hospital services pursuant to applicable federal law and upon the following conditions:

††††† (a) The area of the hospital designated to provide long-term acute inpatient hospital services shall provide services in compliance with:

††††† 1. This administrative regulation; and

††††† 2. 42 CFR Section 412.22.

††††† (b) A hospital wishing to provide long-term acute inpatient hospital services may request authorization from the Office of Inspector General, Cabinet for Health Services. The Office of Inspector General shall conduct a survey to determine if the requirements of this section are met and shall notify the hospital of the survey results by letter.

††††† (2) A hospital that establishes its authority to be reimbursed for Title XVIII Medicare for long-term care acute inpatient hospital services pursuant to this section, shall not receive Title XIX Medicaid reimbursement for the same services. (8 Ky.R. 596; eff. 2-1-82; Am. 9 Ky.R. 1327; eff. 7-6-83; 11 Ky.R. 467; eff. 10-9-84; 1173; 1311; eff. 6-4-85; 13 Ky.R. 331; 645; eff. 10-2-86; 1282; eff. 2-10-87; 15 Ky.R. 1157; 1583; eff. 1-18-89; 18 Ky.R. 2027; 2565; eff. 3-7-92; 19 Ky.R. 2506; 20 Ky.R. 121; eff. 8-6-93; 21 Ky.R. 599; 1335; eff. 10-19-94; 23 Ky.R. 2296; 3040; eff. 4-16-97; 24 Ky.R. 969; 1268; eff. 11-19-97; 25 Ky.R. 1714; 2380; eff. 4-21-99; 27 Ky.R. 1920; 2820; eff. 4-9-2001; 29 Ky.R. 188; 716; eff. 8-21-02; TAm eff. 3-11-2011.)