Definitions and Procedures for Licensing Ambulatory Surgical Centers

PURPOSE: The Division of Regulation and Licensure, Department of Health and Senior Services has the authority to establish rules for ambulatory surgical centers. This rule defines specific terms and presents procedures to follow in making application for a license. (1) Definitions. (A) Administrator means a person who is delegated the responsibility of carrying out the policies and programs established by the governing body. (B) Ambulatory surgical center. Any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of delivering newborns, and which does not provide services or other accommodations for patients to stay more than twelve (12) hours within the establishment. However, nothing in this definition shall be construed to include the offices of dentists currently licensed under Chapter 332, RSMo. 1. A facility operated primarily for the purpose of performing surgical procedures is one that provides surgical services to fifty-one percent (51%) or more of the patients treated or seen for any health condition, or one that derives fifty-one percent (51%) or more of its revenues from the provision of surgical services or related procedures. 2. The term ambulatory surgical center does not apply to any facility licensed as part of a hospital or any facility used as an office or clinic for the private practice of a physician, dentist or podiatrist. 3. A facility licensed as an ambulatory surgical center shall not use the term hospital in the name of the facility without approval of the Department of Health and Senior Services. (C) Anesthesiologist. A physician licensed under Chapter 334, RSMo, who has successfully completed a postgraduate medical education program in anesthesiology approved by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association. (D) Anesthesiologist assistant. A person who meets each of the following conditions: 1. Has graduated from an anesthesiologist assistant program accredited by the American Medical Association’s Committee on Allied Health Education and Accreditation or by its successor agency; 2. Has passed the certifying examination administered by the National Commission on Certification of Anesthesiologist Assistants; 3. Has active certification by the National Commission on Certification of Anesthesiologist Assistants; 4. Is currently licensed as an anesthesiologist assistant in the state of Missouri; and 5. Provides health care services delegated by a licensed anesthesiologist. (E) Certified nurse anesthetist. A registered nurse licensed under Chapter 335, RSMo, who has been graduated from a school of nurse anesthesia accredited by the Council on Accreditation of Educational Programs of Nurse Anesthesia or its predecessor, and is certified or is eligible for certification as a nurse anesthetist by the Council on Certification of Nurse Anesthetists. (F) Dentist means a person licensed to practice dentistry pursuant to Chapter 332, RSMo. (G) Department means the Department of Health and Senior Services. (H) Governing body means an individual owner, partnership, corporation or other legally established authority in whom the ultimate authority and responsibility for management of the ambulatory surgical center is vested. (I) Governmental unit means any city, county or other political subdivision of this state, or any department, division, board or other agency of any political subdivision of this state. (J) Infection control officer. An individual who is a licensed physician, licensed registered nurse, has a bachelor’s degree in laboratory science, or has similar qualifications and has additional training or educational preparation in infection control, infectious diseases, epidemiology and principles of quality improvement. (K) Licensed practical nurse (LPN). A person who holds a valid license issued by the State Board of Nursing pursuant to Chapter 335, RSMo. (L) Medical staff. A formal organization of physicians which may include dentists and podiatrists who are appointed by the governing body to attend patients within the ambulatory surgical center. (M) Patient. A person admitted to the ambulatory surgical center by and upon the order of a physician, or dentist, or podiatrist in accordance with the orders of a physician. (N) Person. Any individual, firm, partnership, corporation, company or association, or the legal successors of any of them. (O) Physician means a person licensed to practice medicine pursuant to Chapter 334, RSMo and who has active or associate staff membership and privileges in a licensed hospital in the community. (P) Physician with training or experience in the administration of anesthetics. A person licensed to practice medicine under Chapter 334, RSMo whose training and experience (credentials) have been evaluated by the medical staff and privileges granted to direct the anesthesia service or to administer anesthetics or both. (Q) Podiatrist means a person licensed to practice podiatry pursuant to Chapter 330, RSMo. (R) Qualified anesthesia personnel. An anesthesiologist who is a physician with training or experience in the administering of anesthetics, a certified registered nurse anesthetist or an anesthesiologist assistant. (S) Registered nurse (RN). A person who holds a valid license issued by the State Board of Nursing pursuant to Chapter 335, RSMo. (T) Root cause analysis. A process for identifying the basic or causal factor(s) that underlie variation in performance, including the occurrence or possible occurrence of a sentinel event. (U) Sentinel event. An unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function. The phrase “or the risk thereof” includes any process variation for which a reoccurrence would carry a significant chance of a serious adverse outcome. (2) Procedure for Licensing. (A) Application for a license to establish and operate an ambulatory surgical center shall be made in writing to the Department of Health on forms provided by it. Each application SENIOR SERVICES for a license, except applications from a governmental unit, shall be accompanied by an annual license fee of two hundred dollars ($200). (B) In any facility, except hospitals where surgical procedures may be performed or licensed abortion facilities, a license to establish and operate an ambulatory surgical center shall be required in the absence of evidence demonstrating that the facility does not meet the definition established in subsection (1)(A) and paragraph (1)(A)1. of this rule. The evidence required shall include, but need not be limited to, statistical records of individuals treated, individuals receiving surgical procedures, and financial reports including revenue from surgical and related procedures and total revenues. (C) The application shall be made by the person(s) or corporation operating the facility. (D) A license shall not be issued or renewed by the Department of Health until a facility has been surveyed by a representative of the Bureau of Hospital Licensing and Certification and found to be in substantial compliance with the requirements of 19 CSR 30-30.020 and 19 CSR 30-30.030. Ambulatory surgical centers which also provide abortion services shall comply with the social service and counseling required by the Department of Health for the licensure of abortion facilities in 19 CSR 3030.060(3)(H). (E) The licensee shall notify the Department of Health in writing of any change of name of the administration. (F) Separate licenses are required for facilities maintained on separate sites even though operated by the same owner. (G) The license shall be conspicuously posted in a public area in the facility. (H) If a facility ceases to provide patient care or to otherwise operate as an ambulatory surgical center within the definition in section 197.200.1, RSMo 1986 for a period in excess of fourteen (14) days without written approval of the Department of Health, the facility shall surrender its license to the Department of Health. The facility shall not operate again as an ambulatory surgical center until an application for an ambulatory surgical center license is submitted with assurance that the facility complies with the requirements of the rules of this chapter and a license is issued. (I) An ambulatory surgical center which is licensed as part of a hospital does not require a separate license. AUTHORITY: section 197.225, RSMo 2000 and 197.154, RSMo Supp. 2006*. This rule was previously filed as 13 CSR 50-30.010. Original rule filed Dec. 2, 1975, effective Feb. 1, 1976. Amended: Filed Jan. 3, 1990, effective April 12, 1990. Amended: Filed Sept. 20, 2005, effective April 30, 2006. Amended: Filed Jan. 16, 2007, effective Aug. 30, 2007. *Original authority: 197.154, RSMo 2004 and 197.225, RSMo 1975, amended 1996.