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| To amend sections 3701.83, 3702.11, 3702.55, and | 1 |
| 3709.09; to enact sections 3711.14, 3711.16, | 2 |
| 3711.20, 3711.21, and 3711.22; to enact new | 3 |
| sections 3711.01, 3711.02, 3711.04, 3711.06, | 4 |
| 3711.08, 3711.10, and 3711.12; and to repeal | 5 |
| sections 3711.01, 3711.02, 3711.021, 3711.03, | 6 |
| 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, | 7 |
| 3711.09, 3711.10, 3711.11, 3711.12, 3711.13, and | 8 |
| 3711.99 of the Revised Code regarding the | 9 |
| licensure of maternity homes and obstetric and | 10 |
| newborn care facilities. | 11 |
| Section 1. That sections 3701.83, 3702.11, 3702.55, and | 12 |
| 3709.09 be amended and new sections 3711.01, 3711.02, 3711.04, | 13 |
| 3711.06, 3711.08, 3711.10, and 3711.12 and sections 3711.14, | 14 |
| 3711.16, 3711.20, 3711.21, and 3711.22 of the Revised Code be | 15 |
| enacted to read as follows: | 16 |
| Sec. 3701.83. (A) There is hereby created in the state | 17 |
| treasury the general operations fund. Moneys in the fund shall be | 18 |
| used for the purposes specified in sections 3701.04, 3701.344, | 19 |
|
3702.20, 3710.15,
| 20 |
| 3722.04, 3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, | 21 |
| 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and | 22 |
| 4769.09 of the Revised Code. | 23 |
| (B) The alcohol testing program fund is hereby created in the | 24 |
| state treasury. The director of health shall use the fund to | 25 |
| administer and enforce the alcohol testing and permit program | 26 |
| authorized by section 3701.143 of the Revised Code. | 27 |
| The fund shall receive transfers from the liquor control fund | 28 |
| created under section 4301.12 of the Revised Code. All investment | 29 |
| earnings of the alcohol testing program fund shall be credited to | 30 |
| the fund. | 31 |
| Sec. 3702.11. The director of health shall adopt rules | 32 |
| establishing safety standards and quality-of-care standards for | 33 |
| each of the following: | 34 |
| (A) Solid organ and bone marrow transplantation; | 35 |
| (B) Stem cell harvesting and reinfusion; | 36 |
| (C) Cardiac catheterization; | 37 |
| (D) Open-heart surgery; | 38 |
| (E) | 39 |
| | 40 |
| | 41 |
| | 42 |
| | 43 |
| Sec. 3702.55. Except as provided in section 3702.542 of the | 44 |
| Revised Code, a person that the director of health determines has | 45 |
| violated section 3702.53 of the Revised Code shall cease | 46 |
| conducting the activity that constitutes the violation or | 47 |
| utilizing the equipment or facility resulting from the violation | 48 |
| not later than thirty days after the person receives the notice | 49 |
| mailed under section 3702.532 of the Revised Code or, if the | 50 |
| person appeals the director's determination under section 3702.60 | 51 |
| of the Revised Code, thirty days after the person receives an | 52 |
| order upholding the director's determination that is not subject | 53 |
| to further appeal. A person that applies for a certificate of need | 54 |
| as described in section 3702.542 of the Revised Code shall cease | 55 |
| conducting the activity or using the equipment or facility in | 56 |
| accordance with the timetable established by the director of | 57 |
| health under that section. | 58 |
| If any person determined to have violated section 3702.53 of | 59 |
| the Revised Code fails to cease conducting an activity or using | 60 |
| equipment or a facility as required by this section or a timetable | 61 |
| established under section 3702.542 of the Revised Code, or if the | 62 |
| person continues to seek payment or reimbursement for services | 63 |
| rendered or costs incurred in conducting the activity as | 64 |
| prohibited by section 3702.56 of the Revised Code, in addition to | 65 |
| the penalties imposed under section 3702.54, 3702.541, or 3702.542 | 66 |
| or former section 3702.543 of the Revised Code: | 67 |
| (A) The director of health may refuse to include any beds | 68 |
| involved in the activity in the bed capacity of a hospital for | 69 |
| purposes of registration under section 3701.07 of the Revised | 70 |
| Code; | 71 |
| (B) The director of health may refuse to license, or may | 72 |
|
revoke a license or reduce bed capacity
previously granted to, | 73 |
| 74 | |
| 75 | |
| of the Revised Code; a nursing home, rest home, or home for the | 76 |
| aging under section 3721.02 of the Revised Code; or any beds | 77 |
| within any of those facilities that are involved in the activity; | 78 |
| (C) A political subdivision certified under section 3721.09 | 79 |
| of the Revised Code may refuse to license, or may revoke a license | 80 |
| or reduce bed capacity previously granted to, a nursing home, rest | 81 |
| home, or home for the aging, or any beds within any of those | 82 |
| facilities that are involved in the activity; | 83 |
| (D) The director of mental health may refuse to license under | 84 |
| section 5119.20 of the Revised Code, or may revoke a license or | 85 |
| reduce bed capacity previously granted to, a hospital receiving | 86 |
| mentally ill persons or beds within such a hospital that are | 87 |
| involved in the activity; | 88 |
| (E) The department of job and family services may refuse to | 89 |
| enter into a provider agreement that includes a facility, beds, or | 90 |
| services that result from the activity. | 91 |
| Sec. 3709.09. (A) The board of health of a city or general | 92 |
| health district may, by rule, establish a uniform system of fees | 93 |
| to pay the costs of any services provided by the board. | 94 |
| The fee for issuance of a certified copy of a vital record or | 95 |
| a certification of birth shall not be less than the fee prescribed | 96 |
| for the same service under division (A)(1) of section 3705.24 of | 97 |
| the Revised Code and shall include the fees required by division | 98 |
| (B) of section 3705.24 and section 3109.14 of the Revised Code. | 99 |
| Fees for services provided by the board for purposes | 100 |
|
specified in
sections 3701.344, | 101 |
| 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall | 102 |
| be established in accordance with rules adopted under division (B) | 103 |
| of this section. The district advisory council, in the case of a | 104 |
| general health district, and the legislative authority of the | 105 |
| city, in the case of a city health district, may disapprove any | 106 |
| fee established by the board of health under this division, and | 107 |
| any such fee, as disapproved, shall not be charged by the board of | 108 |
| health. | 109 |
| (B) The public health council shall adopt rules under section | 110 |
| 111.15 of the Revised Code that establish fee categories and | 111 |
| uniform methodologies for use in calculating the costs of services | 112 |
|
provided for purposes
specified in sections 3701.344, | 113 |
| 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 of the | 114 |
| Revised Code. In adopting the rules, the public health council | 115 |
| shall consider recommendations it receives from advisory boards | 116 |
| established either by statute or the director of health for | 117 |
| entities subject to the fees. | 118 |
| (C) At least thirty days prior to establishing a fee for a | 119 |
| service provided by the board for a purpose specified in section | 120 |
|
3701.344, | 121 |
| 3749.04 of the Revised Code, a board of health shall notify any | 122 |
| entity that would be affected by the proposed fee of the amount of | 123 |
| the proposed fee. | 124 |
| Sec. 3711.01. As used in this chapter: | 125 |
| (A) "Maternity home" means a facility for pregnant girls and | 126 |
| women where accommodations, medical care, and social services are | 127 |
| provided during the prenatal and postpartal periods. | 128 |
| (B) "Obstetric and newborn care" means the provision of | 129 |
| medical care to the following: | 130 |
| (1) Pregnant women; | 131 |
| (2) Fetuses; | 132 |
| (3) Women who have recently delivered a child; | 133 |
| (4) Newborns. | 134 |
| Sec. 3711.02. (A) Except as provided in division (B) of this | 135 |
| section, no person shall operate a maternity home or a facility in | 136 |
| which obstetric and newborn care is offered unless that person has | 137 |
| a valid license issued under section 3711.04 of the Revised Code. | 138 |
| (B) Division (A) of this section does not apply to a health | 139 |
| care facility as defined in division (A)(4) of section 3702.30 of | 140 |
| the Revised Code. | 141 |
| Sec. 3711.04. Each person seeking licensure to operate a | 142 |
| maternity home or facility in which obstetric and newborn care is | 143 |
| offered subject to section 3711.02 of the Revised Code shall | 144 |
| apply to the department of health for a license. The application | 145 |
| shall be submitted in the form and manner prescribed by the | 146 |
| public health council in rules adopted under section 3711.10 of | 147 |
| the Revised Code. | 148 |
| The department shall review all applications received. If an | 149 |
| applicant meets the standards specified in rules adopted under | 150 |
| section 3711.10 of the Revised Code and passes the inspection | 151 |
| required by section 3711.06 of the Revised Code, the department | 152 |
| shall issue a license to the applicant. | 153 |
| Sec. 3711.06. The director of health shall inspect each | 154 |
| maternity home or facility in which obstetric and newborn care is | 155 |
| offered for which a person has applied for an initial license | 156 |
| under section 3711.04 of the Revised Code prior to issuing a | 157 |
| license. Inspections shall be conducted in accordance with | 158 |
| inspection criteria, procedures, and guidelines adopted by the | 159 |
| public health council under section 3711.12 of the Revised Code. | 160 |
| Sec. 3711.08. A license issued under section 3711.04 of the | 161 |
| Revised Code is valid for three years, unless earlier revoked or | 162 |
| suspended under section 3711.14 of the Revised Code. The license | 163 |
| may be renewed in the manner prescribed by the public health | 164 |
| council in rules adopted under section 3711.12 of the Revised | 165 |
| Code. The license renewal fee specified in the rules shall be | 166 |
| paid not later than sixty days after the department of health | 167 |
| mails an invoice for the fee to the license holder. A penalty of | 168 |
| ten per cent of the amount of the renewal fee shall be assessed | 169 |
| for each month the fee is overdue. | 170 |
| Sec. 3711.10. The director of health shall monitor | 171 |
| compliance with this chapter and the rules adopted under it. The | 172 |
| director may conduct scheduled or random inspections of facilities | 173 |
| as the director considers necessary to adequately monitor | 174 |
| compliance. | 175 |
| Sec. 3711.12. (A) The public health council shall adopt | 176 |
| rules in accordance with Chapter 119. of the Revised Code as the | 177 |
| council considers necessary to implement the requirements of this | 178 |
| chapter for licensure and operation of maternity homes and | 179 |
| facilities in which obstetric and newborn care is offered. The | 180 |
| rules shall include provisions for the following: | 181 |
| (1) Licensure application forms and procedures; | 182 |
| (2) Application renewal procedures, including rules that | 183 |
| address the right of the director, at the director's sole | 184 |
| discretion, to inspect a home or facility prior to renewal of a | 185 |
| license; | 186 |
| (3) Application and renewal fees, including rules on fees for | 187 |
| the inspections required by section 3711.10 of the Revised Code; | 188 |
| (4) Safety standards, quality-of-care standards, and | 189 |
| quality-of-care data reporting requirements; | 190 |
| (5) Reporting and auditing requirements; | 191 |
| (6) Inspection criteria, procedures, and guidelines; | 192 |
| (7) Any other rules necessary to implement this chapter. | 193 |
| (B) When adopting rules under this section, the public health | 194 |
| council shall give consideration to recommendations regarding | 195 |
| obstetric and newborn care issued by the American college of | 196 |
| obstetricians and gynecologists; American academy of pediatrics; | 197 |
| American academy of family physicians; American society of | 198 |
| anesthesiologists; American college of nurse midwives; U.S. | 199 |
| centers for disease control and prevention; association of | 200 |
| women's health, obstetrics, and neonatal nurses; and the | 201 |
| association of operating room nurses, or their successor | 202 |
| organizations. The council shall also consider the | 203 |
| recommendations of the maternity and newborn advisory council | 204 |
| established in section 3711.20 of the Revised Code. | 205 |
| Sec. 3711.14. (A) In accordance with Chapter 119. of the | 206 |
| Revised Code, the director of health may take the following | 207 |
| actions for failure to comply with this chapter or the rules | 208 |
| adopted under it: | 209 |
| (1) Impose a civil penalty of not less than one thousand | 210 |
| dollars and not more than two hundred fifty thousand dollars on a | 211 |
| person who violates a provision of this chapter or the rules | 212 |
| adopted under it; | 213 |
| (2) Summarily suspend, in accordance with division (B) of | 214 |
| this section, a license issued under section 3711.04 of the | 215 |
| Revised Code if the director believes there is clear and | 216 |
| convincing evidence that the continued operation of a maternity | 217 |
| home or facility in which obstetric and newborn care is offered | 218 |
| presents a danger of immediate and serious harm to the public; | 219 |
| (3) Revoke a license issued under section 3711.04 of the | 220 |
| Revised Code for a person who violates a provision of this chapter | 221 |
| or the rules adopted under it in such a manner as to pose an | 222 |
| imminent threat of serious physical or life-threatening danger as | 223 |
| determined by the director. | 224 |
| (B) If the director decides to suspend a license under | 225 |
| division (A)(2) of this section, the director shall issue a | 226 |
| written order of suspension and cause it to be delivered by | 227 |
| certified mail or in person in accordance with section 119.07 of | 228 |
| the Revised Code. The order shall not be subject to suspension by | 229 |
| the court while an appeal filed under section 119.12 of the | 230 |
| Revised Code is pending. If the individual subject to the | 231 |
| suspension requests an adjudication, the date set for the | 232 |
| adjudication shall be within fifteen days but not earlier than | 233 |
| seven days after the individual makes the request, unless another | 234 |
| date is agreed to by both the individual and the director. The | 235 |
| summary suspension shall remain in effect, unless reversed by the | 236 |
| director, until a final adjudication order issued by the director | 237 |
| pursuant to this section and Chapter 119. of the Revised Code | 238 |
| becomes effective. | 239 |
| The director shall issue a final adjudication order within | 240 |
| ninety days after completion of the adjudication. If the director | 241 |
| does not issue a final order within the ninety-day period, the | 242 |
| summary suspension shall be void, but any final adjudication order | 243 |
| issued subsequent to the ninety-day period shall not be affected. | 244 |
| (C) If the director issues an order revoking or suspending a | 245 |
| license issued under section 3711.04 of the Revised Code and the | 246 |
| license holder continues to operate a maternity home or facility | 247 |
| in which obstetric and newborn care is offered, the director may | 248 |
| ask the attorney general to apply to the court of common pleas of | 249 |
| the county in which the person is located for an order enjoining | 250 |
| the person from operating the home or facility. The court shall | 251 |
| grant the order on a showing that the person is operating the | 252 |
| home or facility. | 253 |
| Sec. 3711.16. All license application fees, renewal fees, | 254 |
| late renewal penalties, and civil penalties collected under this | 255 |
| chapter shall be deposited in the state treasury to the credit of | 256 |
| the general operations fund created under section 3701.83 of the | 257 |
| Revised Code. The moneys shall be used solely for the purposes of | 258 |
| administering and enforcing this chapter and the rules adopted | 259 |
| under it. | 260 |
| Sec. 3711.20. (A) There is hereby created the maternity and | 261 |
| newborn advisory council within the department of health. The | 262 |
| governor, with the advice and consent of the senate, shall appoint | 263 |
| the following members: | 264 |
| (1) A board-certified obstetrician; | 265 |
| (2) A board-certified pediatrician; | 266 |
| (3) A nurse manager or administrator responsible for the | 267 |
| organization and supervision of nursing services in a level I | 268 |
| obstetric care service; | 269 |
| (4) A nurse manager or administrator responsible for the | 270 |
| organization and supervision of nursing services in a level I | 271 |
| newborn care service; | 272 |
| (5) A nurse manager or administrator responsible for the | 273 |
| organization and supervision of nursing services in a level II | 274 |
| obstetric care service; | 275 |
| (6) A nurse manager or administrator responsible for the | 276 |
| organization and supervision of nursing services in a level II | 277 |
| newborn care service; | 278 |
| (7) A nurse manager or administrator responsible for the | 279 |
| organization and supervision of nursing services in a level III | 280 |
| obstetric care service; | 281 |
| (8) A nurse manager or administrator responsible for the | 282 |
| organization and supervision of nursing services in a level III | 283 |
| newborn care service; | 284 |
| (9) A licensed dietitian with knowledge of newborn nutrition; | 285 |
| (10) A licensed social worker with knowledge of newborn | 286 |
| psychosocial and family support services; | 287 |
| (11) A lactation consultant certified by the international | 288 |
| board of lactation consultant examiners; | 289 |
| (12) An individual to represent the public; | 290 |
| (13) A board-certified perinatologist; | 291 |
| (14) A board-certified neonatologist; | 292 |
| (15) A certified nurse-midwife, certified nurse practitioner, | 293 |
| clinical nurse specialist, or certified registered nurse | 294 |
| anesthetist; | 295 |
| (16) A board-certified anesthesiologist; | 296 |
| (17) A board-certified family practice physician who delivers | 297 |
| children or provides newborn care. | 298 |
| (B) The governor shall make the initial appointments to the | 299 |
| council not later than sixty days after the effective date of this | 300 |
| section. Of the initial appointments, six shall be for a term of | 301 |
| three years, six for a term of four years, and five for a term of | 302 |
| five years. Thereafter, terms of office shall be five years with | 303 |
| each term ending on the same day of the same month as the term it | 304 |
| succeeds. Each member shall hold office from the date of the | 305 |
| member's appointment until the end of the term for which the | 306 |
| member was appointed. Members may be reappointed. Vacancies shall | 307 |
| be filled in the manner provided for original appointment. Any | 308 |
| member appointed to fill a vacancy prior to the expiration of the | 309 |
| term for which the member's predecessor was appointed shall hold | 310 |
| office for the remainder of that term. A member shall continue in | 311 |
| office subsequent to the expiration of the member's term or until | 312 |
| a period of sixty days has elapsed, whichever occurs first. | 313 |
| (C) The council shall hold four meetings in the first year | 314 |
| after the initial appointments to the council are made under | 315 |
| division (B) of this section. Thereafter, the council shall hold | 316 |
| two meetings each year. Additional meetings may be held at the | 317 |
| call of the chairperson or the director of health. | 318 |
| The chairperson shall be selected annually by members of the | 319 |
| council. Following each meeting, the chairperson may submit a | 320 |
| report to the director summarizing the activities, discussion, and | 321 |
| recommendations of the council. Seven voting members of the | 322 |
| council constitute a quorum. | 323 |
| (D) Members of the council shall be reimbursed for actual and | 324 |
| necessary expenses incurred in the performance of their official | 325 |
| duties. | 326 |
| (E) The department of health shall provide the council the | 327 |
| administrative support necessary to execute its duties. | 328 |
| Sec. 3711.21. The maternity and newborn advisory council | 329 |
| shall do all of the following: | 330 |
| (A) Advise and consult with the director of health in the | 331 |
| development of rules to be presented to the public health council | 332 |
| for proposed adoption under this chapter; | 333 |
| (B) Advise and consult with the director of health concerning | 334 |
| the implementation and enforcement of this chapter; | 335 |
| (C) Advise and consult with the director in the development | 336 |
| of inspection criteria, procedures, and guidelines to be used in | 337 |
| enforcement of this chapter; | 338 |
| (D) Advise and consult with the director regarding | 339 |
| recommendations to be presented to the public health council | 340 |
| regarding improving maternity and obstetric and newborn care in | 341 |
| this state; | 342 |
| (E) Prepare and submit to the director an annual report | 343 |
| evaluating the department's enforcement of this chapter. | 344 |
| Sec. 3711.22. The maternity and newborn advisory council may | 345 |
| establish committees to focus on specific components of the | 346 |
| enforcement of this chapter. Chairpersons of the committees shall | 347 |
| be appointed by the chairperson of the council and shall be | 348 |
| members of the council. Other members of the committees shall be | 349 |
| appointed by the chairperson of the council and may include | 350 |
| individuals who are not members of the council. | 351 |
| The membership and responsibilities of each committee | 352 |
| established under this section shall be subject to the approval of | 353 |
| the director of health. Members of the committees shall be | 354 |
| reimbursed for actual and necessary expenses incurred in the | 355 |
| performance of their official duties. | 356 |
| Committee reports shall be presented to the council at each | 357 |
| regular meeting of the council. | 358 |
| Section 2. That existing sections 3701.83, 3702.11, 3702.55, | 359 |
| and 3709.09 and sections 3711.01, 3711.02, 3711.021, 3711.03, | 360 |
| 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, | 361 |
| 3711.11, 3711.12, 3711.13, and 3711.99 of the Revised Code are | 362 |
| hereby repealed. | 363 |
| Section 3. Notwithstanding the provisions of Sections 1 and 2 | 364 |
| of this act, a person may continue to operate a maternity home or | 365 |
| facility in which obstetric and newborn care is offered pursuant | 366 |
| to a license issued under Chapter 3711. of the Revised Code, as | 367 |
| that chapter existed immediately prior to the effective date of | 368 |
| this act, until the person's license expires or is revoked. | 369 |
| Until the rules required by sections 3711.04 and 3711.10 of | 370 |
| the Revised Code as enacted by this act are adopted, the | 371 |
| Department of Health may renew licenses and issue new licenses | 372 |
| under the rules adopted under former Chapter 3711. of the Revised | 373 |
| Code. | 374 |