1. A. A licensee is responsible for the organization and management of an abortion clinic.

2. B. A licensee shall:

   1. 1. Adopt policies and procedures for the administration and operation of an abortion clinic;

   2. 2. Designate a medical director who:

      1. a. Is licensed according to A.R.S. Title 32, Chapter 13, 17, or 29; and
      2. b. May be the same individual as the licensee;

   3. 3. Ensure the following documents are conspicuously posted on the premises:

      1. a. Current abortion clinic license issued by the Department,
      2. b. Current telephone number and address of the unit in the Department responsible for licensing the abortion clinic,
      3. c. Evacuation map, and
      4. d. Signs that comply with A.R.S. § 36-2153(H); and
   4. 4. Except as specified in R9-10-1512(D)(4), ensure that documentation required by this Article is provided to the Department within two hours after a Department request.

3. C. A medical director shall ensure written policies and procedures are established, documented, and implemented to protect the health and safety of a patient including:

   1. 1. Personnel qualifications, duties, and responsibilities;
   2. 2. Individuals qualified to provide counseling in the abortion clinic and the amount and type of training required for an individual to provide counseling;

   3. 3. If the abortion clinic performs an abortion procedure at or after 20 weeks gestational age:

      1. a. Individuals qualified in neonatal resuscitation and the amount and type of training required for an individual to provide neonatal resuscitation, and
      2. b. Designation of an individual to arrange the transfer to a hospital of a fetus delivered alive;
   4. 4. Verification of the competency of the physician performing an abortion according to R9-10-1506;
   5. 5. The storage, administration, accessibility, disposal, and documentation of a medication or controlled substance;
   6. 6. Accessibility and security of medical records;

   7. 7. Abortion procedures including:

      1. a. Recovery and follow-up care;

      2. b. The minimum length of time a patient remains in the recovery room or area based on:

         1. i. The type of abortion performed,
         2. ii. The estimated gestational age of the fetus,
         3. iii. The type and amount of medication administered, and
         4. iv. The physiologic signs including vital signs and blood loss; and
      3. c. If the abortion clinic performs an abortion procedure at or after 20 weeks gestational age, the requirements in A.R.S. § 36-2301(D);
   8. 8. Infection control including methods of sterilizing equipment and supplies;
   9. 9. Medical emergencies; and
   10. 10. Patient discharge and patient transfer.
4. D. For an abortion clinic that is not in substantial compliance or that is in substantial compliance but refuses to carry out a plan of correction acceptable to the Department, the Department may take enforcement action as specified in R9-10-111.

Historical Note

Adopted effective August 6, 1993, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1993, Ch. 163, § 3(B). Amended effective May 2, 1997, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1996, Ch. 329, § 5 (Supp. 97-2). Repealed effective November 1, 1998, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1998, Ch. 178, § 17; filed with the Office of the Secretary of State October 2, 1998 (Supp. 98-4). New Section adopted effective April 1, 2000, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to Laws 1999, Chapter 311; filed with the Office of the Secretary of State December 23, 1999 at 6 A.A.R. 351 (Supp. 99-4). Amended by final rulemaking at 16 A.A.R. 688, effective November 1, 2010 (Supp. 10-2). Amended by exempt rulemaking at 20 A.A.R. 448, effective April 1, 2014 (Supp. 14-1). Amended by exempt rulemaking at 20 A.A.R. 2078, effective July 24, 2014 (Supp. 14-3). Amended by final rulemaking at 24 A.A.R. 3043, effective October 2, 2018 (Supp. 18-4).