PURPOSE: This rule defines terminology used in 19 CSR 30-30.060 and 19 CSR 30- 30.070, and presents procedures to follow in making application for a license.

1. (1) The following definitions shall be used in the interpretation and enforcement of 19 CSR 30-30.060 and 19 CSR 30-30.070:

   1. (A) Abortion—The intentional destruction of an embryo or fetus in a woman’s uterus or the intentional termination of a pregnancy of a woman with intent other than to increase the probability of a live birth or to remove a dead or dying embryo or fetus;
   2. (B) Abortion facility—A facility in which the number of patients having abortions represents fifty-one percent (51%) or more of the patients treated or seen for any health condition or where fifty-one percent (51%) or more of the revenues of the facility are from abortions or procedures related to abortions;
   3. (C) Administrator—A person who is designated to provide daily supervision over an abortion facility;
   4. (D) Complication—Includes, but is not limited to, hemorrhage, infection, uterine perforation, cervical lacerations and retained products;
   5. (E) Department—The Missouri Department of Health;
   6. (F) Discharge summary—A statement completed by a physician or registered nurse on the condition of the patient at the time of discharge;
   7. (G) First trimester—The first thirteen (13) weeks of gestation, based upon gestational age;
   8. (H) Gestational age—The length of pregnancy measured from the onset of the last menstrual period;
   9. (I) Health assessment—A determination of a patient’s physical and mental status;
   10. (J) Licensed practical nurse—A person licensed to practice practical nursing under the Nursing Practice Act, sections 335.011–335.096, RSMo 1986;
   11. (K) Person—Any individual, firm, partnership, corporation or association;
   12. (L) Physician—Any person licensed to practice medicine pursuant to Chapter 334, RSMo 1986;
   13. (M) Registered nurse—An individual who is a graduate of an approved school of nursing and who is licensed to practice professional nursing under the Missouri Nursing Practice Act, sections 335.011–335.096, RSMo 1986; and
   14. (N) Surgical technologist—An individual who is certified by the Association of Surgical Technologists, Inc.

2. (2) Procedures for Licensing Abortion Facilities.

   1. (A) In any facility other than licensed ambulatory surgical facilities and hospitals where abortions may be performed, a license to establish and operate an abortion facility shall be required in the absence of evidence to support that the facility is not operating in accordance with the definition established in subsection (1)(B). The evidence required must include, but need not be limited to, statistical records of individuals treated and financial reports including revenue from abortions and procedures related to abortions and total revenues.
   2. (B) Application for the licensing of an abortion facility shall be made in writing to the Department of Health on forms provided by the Department of Health. Each application for a license shall be accompanied by an annual license fee of two hundred dollars ($200).
   3. (C) The application shall be made by the person(s) or corporation operating the facility.
   4. (D) The licensee shall notify the Department of Health in writing of any change in the name of the facility or change in the name of the administrator.
   5. (E) Separate licenses are required for facilities maintained on separate sites even though operated by the same owner.
   6. (F) The license shall be conspicuously posted in a public area in the facility.
   7. (G) A license shall not be issued by the Department of Health until a facility is in compliance with all requirements of 19 CSR 30-30.060 and 19 CSR 30-30.070.

AUTHORITY: sections 197.200–197.240, RSMo 1986. Original rule filed July 15, 1987, effective Oct. 25, 1987.