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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 or | 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) "Facility in which obstetric or newborn care is offered" | 126 |
means either of the following: | 127 |
(1) A maternity unit; | 128 |
(2) The portion of a hospital that provides inpatient care as | 129 |
a level III newborn care service intensive care nursery, as | 130 |
reported by the hospital pursuant to section 3701.07 of the | 131 |
Revised Code. | 132 |
(B) "Maternity home" means a facility for pregnant girls and | 133 |
women where accommodations, medical care, and social services are | 134 |
provided during the prenatal and postpartal periods. "Maternity | 135 |
home" does not include a private residence where obstetric or | 136 |
newborn services are received by a resident of the home. | 137 |
(C) "Maternity unit" means any unit or place in a hospital | 138 |
where women are regularly received and provided care during all or | 139 |
part of the maternity cycle, except that "maternity unit" does not | 140 |
include an emergency department or similar place dedicated to | 141 |
providing emergency health care. | 142 |
Sec. 3711.02. (A) Except as provided in division (B) of this | 143 |
section, no person shall operate a maternity home or a facility in | 144 |
which obstetric or newborn care is offered unless that person has | 145 |
a valid license issued under section 3711.04 of the Revised Code. | 146 |
(B) Division (A) of this section does not apply to a health | 147 |
care facility as defined in division (A)(4) of section 3702.30 of | 148 |
the Revised Code. | 149 |
Sec. 3711.04. Each person seeking licensure to operate a | 150 |
maternity home or facility in which obstetric or newborn care is | 151 |
offered subject to section 3711.02 of the Revised Code shall | 152 |
apply to the department of health for a license. The application | 153 |
shall be submitted in the form and manner prescribed by the | 154 |
public health council in rules adopted under section 3711.12 of | 155 |
the Revised Code. | 156 |
The department shall review all applications received. If an | 157 |
applicant meets the standards specified in rules adopted under | 158 |
section 3711.12 of the Revised Code and passes the inspection | 159 |
required by section 3711.06 of the Revised Code, the department | 160 |
shall issue a license to the applicant. | 161 |
Sec. 3711.06. The director of health shall inspect each | 162 |
maternity home or facility in which obstetric or newborn care is | 163 |
offered for which a person has applied for an initial license | 164 |
under section 3711.04 of the Revised Code prior to issuing a | 165 |
license. Inspections shall be conducted in accordance with | 166 |
inspection criteria, procedures, and guidelines adopted by the | 167 |
public health council under section 3711.12 of the Revised Code. | 168 |
Sec. 3711.08. A license issued under section 3711.04 of the | 169 |
Revised Code is valid for three years, unless earlier revoked or | 170 |
suspended under section 3711.14 of the Revised Code. The license | 171 |
may be renewed in the manner prescribed by the public health | 172 |
council in rules adopted under section 3711.12 of the Revised | 173 |
Code. The license renewal fee specified in the rules shall be | 174 |
paid not later than sixty days after the department of health | 175 |
mails an invoice for the fee to the license holder. A penalty of | 176 |
ten per cent of the amount of the renewal fee shall be assessed | 177 |
for each month the fee is overdue. | 178 |
Sec. 3711.10. The director of health shall monitor | 179 |
compliance with this chapter and the rules adopted under it. The | 180 |
director may conduct scheduled or random inspections of facilities | 181 |
as the director considers necessary to adequately monitor | 182 |
compliance. | 183 |
Sec. 3711.12. (A) The public health council shall adopt | 184 |
rules in accordance with Chapter 119. of the Revised Code as the | 185 |
council considers necessary to implement the requirements of this | 186 |
chapter for licensure and operation of maternity homes and | 187 |
facilities in which obstetric or newborn care is offered. The | 188 |
rules shall include provisions for the following: | 189 |
(1) Licensure application forms and procedures; | 190 |
(2) Application renewal procedures, including rules that | 191 |
address the right of the director, at the director's sole | 192 |
discretion, to inspect a home or facility prior to renewal of a | 193 |
license; | 194 |
(3) Application and renewal fees, including rules on fees for | 195 |
the inspections required by section 3711.10 of the Revised Code; | 196 |
(4) Safety standards, quality-of-care standards, and | 197 |
quality-of-care data reporting requirements; | 198 |
(5) Reporting and auditing requirements; | 199 |
(6) Inspection criteria, procedures, and guidelines; | 200 |
(7) Any other rules necessary to implement this chapter. | 201 |
(B) When adopting rules under this section, the public health | 202 |
council shall give consideration to recommendations regarding | 203 |
obstetric and newborn care issued by the American college of | 204 |
obstetricians and gynecologists; American academy of pediatrics; | 205 |
American academy of family physicians; American society of | 206 |
anesthesiologists; American college of nurse midwives; U.S. | 207 |
centers for disease control and prevention; association of | 208 |
women's health, obstetrics, and neonatal nurses; and the | 209 |
association of operating room nurses, or their successor | 210 |
organizations. The council shall also consider the | 211 |
recommendations of the maternity and newborn advisory council | 212 |
established in section 3711.20 of the Revised Code. | 213 |
Sec. 3711.14. (A) In accordance with Chapter 119. of the | 214 |
Revised Code, the director of health may take the following | 215 |
actions for failure to comply with this chapter or the rules | 216 |
adopted under it: | 217 |
(1) Impose a civil penalty of not less than one thousand | 218 |
dollars and not more than two hundred fifty thousand dollars on a | 219 |
person who violates a provision of this chapter or the rules | 220 |
adopted under it; | 221 |
(2) Summarily suspend, in accordance with division (B) of | 222 |
this section, a license issued under section 3711.04 of the | 223 |
Revised Code if the director believes there is clear and | 224 |
convincing evidence that the continued operation of a maternity | 225 |
home or facility in which obstetric or newborn care is offered | 226 |
presents a danger of immediate and serious harm to the public; | 227 |
(3) Revoke a license issued under section 3711.04 of the | 228 |
Revised Code for a person who violates a provision of this chapter | 229 |
or the rules adopted under it in such a manner as to pose an | 230 |
imminent threat of serious physical or life-threatening danger as | 231 |
determined by the director. | 232 |
(B) If the director decides to suspend a license under | 233 |
division (A)(2) of this section, the director shall issue a | 234 |
written order of suspension and cause it to be delivered by | 235 |
certified mail or in person in accordance with section 119.07 of | 236 |
the Revised Code. The order shall not be subject to suspension by | 237 |
the court while an appeal filed under section 119.12 of the | 238 |
Revised Code is pending. If the individual subject to the | 239 |
suspension requests an adjudication, the date set for the | 240 |
adjudication shall be within fifteen days but not earlier than | 241 |
seven days after the individual makes the request, unless another | 242 |
date is agreed to by both the individual and the director. The | 243 |
summary suspension shall remain in effect, unless reversed by the | 244 |
director, until a final adjudication order issued by the director | 245 |
pursuant to this section and Chapter 119. of the Revised Code | 246 |
becomes effective. | 247 |
The director shall issue a final adjudication order within | 248 |
ninety days after completion of the adjudication. If the director | 249 |
does not issue a final order within the ninety-day period, the | 250 |
summary suspension shall be void, but any final adjudication order | 251 |
issued subsequent to the ninety-day period shall not be affected. | 252 |
(C) If the director issues an order revoking or suspending a | 253 |
license issued under section 3711.04 of the Revised Code and the | 254 |
license holder continues to operate a maternity home or facility | 255 |
in which obstetric or newborn care is offered, the director may | 256 |
ask the attorney general to apply to the court of common pleas of | 257 |
the county in which the person is located for an order enjoining | 258 |
the person from operating the home or facility. The court shall | 259 |
grant the order on a showing that the person is operating the | 260 |
home or facility. | 261 |
Sec. 3711.16. All license application fees, renewal fees, | 262 |
late renewal penalties, and civil penalties collected under this | 263 |
chapter shall be deposited in the state treasury to the credit of | 264 |
the general operations fund created under section 3701.83 of the | 265 |
Revised Code. The moneys shall be used solely for the purposes of | 266 |
administering and enforcing this chapter and the rules adopted | 267 |
under it. | 268 |
Sec. 3711.20. (A) There is hereby created the maternity and | 269 |
newborn advisory council within the department of health. The | 270 |
governor, with the advice and consent of the senate, shall appoint | 271 |
the following members: | 272 |
(1) A board-certified obstetrician; | 273 |
(2) A board-certified pediatrician; | 274 |
(3) A nurse manager or administrator responsible for the | 275 |
organization and supervision of nursing services in a level I | 276 |
obstetric care service; | 277 |
(4) A nurse manager or administrator responsible for the | 278 |
organization and supervision of nursing services in a level I | 279 |
newborn care service; | 280 |
(5) A nurse manager or administrator responsible for the | 281 |
organization and supervision of nursing services in a level II | 282 |
obstetric care service; | 283 |
(6) A nurse manager or administrator responsible for the | 284 |
organization and supervision of nursing services in a level II | 285 |
newborn care service; | 286 |
(7) A nurse manager or administrator responsible for the | 287 |
organization and supervision of nursing services in a level III | 288 |
obstetric care service; | 289 |
(8) A nurse manager or administrator responsible for the | 290 |
organization and supervision of nursing services in a level III | 291 |
newborn care service; | 292 |
(9) A licensed dietitian with knowledge of newborn nutrition; | 293 |
(10) A licensed social worker with knowledge of newborn | 294 |
psychosocial and family support services; | 295 |
(11) A lactation consultant certified by the international | 296 |
board of lactation consultant examiners; | 297 |
(12) An individual to represent the public; | 298 |
(13) A board-certified perinatologist; | 299 |
(14) A board-certified neonatologist; | 300 |
(15) A certified nurse-midwife, certified nurse practitioner, | 301 |
clinical nurse specialist, or certified registered nurse | 302 |
anesthetist; | 303 |
(16) A board-certified anesthesiologist; | 304 |
(17) A board-certified family practice physician who delivers | 305 |
children or provides newborn care. | 306 |
(B) The governor shall make the initial appointments to the | 307 |
council not later than sixty days after the effective date of this | 308 |
section. Of the initial appointments, six shall be for a term of | 309 |
three years, six for a term of four years, and five for a term of | 310 |
five years. Thereafter, terms of office shall be five years with | 311 |
each term ending on the same day of the same month as the term it | 312 |
succeeds. Each member shall hold office from the date of the | 313 |
member's appointment until the end of the term for which the | 314 |
member was appointed. Members may be reappointed. Vacancies shall | 315 |
be filled in the manner provided for original appointment. Any | 316 |
member appointed to fill a vacancy prior to the expiration of the | 317 |
term for which the member's predecessor was appointed shall hold | 318 |
office for the remainder of that term. A member shall continue in | 319 |
office subsequent to the expiration of the member's term or until | 320 |
a period of sixty days has elapsed, whichever occurs first. | 321 |
(C) The council shall hold four meetings in the first year | 322 |
after the initial appointments to the council are made under | 323 |
division (B) of this section. Thereafter, the council shall hold | 324 |
two meetings each year. Additional meetings may be held at the | 325 |
call of the chairperson or the director of health. | 326 |
The chairperson shall be selected annually by members of the | 327 |
council. Following each meeting, the chairperson may submit a | 328 |
report to the director summarizing the activities, discussion, and | 329 |
recommendations of the council. Seven voting members of the | 330 |
council constitute a quorum. | 331 |
(D) Members of the council shall be reimbursed for actual and | 332 |
necessary expenses incurred in the performance of their official | 333 |
duties. | 334 |
(E) The department of health shall provide the council the | 335 |
administrative support necessary to execute its duties. | 336 |
Sec. 3711.21. The maternity and newborn advisory council | 337 |
shall do all of the following: | 338 |
(A) Advise and consult with the director of health in the | 339 |
development of rules to be presented to the public health council | 340 |
for proposed adoption under this chapter; | 341 |
(B) Advise and consult with the director of health concerning | 342 |
the implementation and enforcement of this chapter; | 343 |
(C) Advise and consult with the director in the development | 344 |
of inspection criteria, procedures, and guidelines to be used in | 345 |
enforcement of this chapter; | 346 |
(D) Advise and consult with the director regarding | 347 |
recommendations to be presented to the public health council | 348 |
regarding improving maternity and obstetric and newborn care in | 349 |
this state; | 350 |
(E) Prepare and submit to the director an annual report | 351 |
evaluating the department's enforcement of this chapter. | 352 |
Sec. 3711.22. The maternity and newborn advisory council may | 353 |
establish committees to focus on specific components of the | 354 |
enforcement of this chapter. Chairpersons of the committees shall | 355 |
be appointed by the chairperson of the council and shall be | 356 |
members of the council. Other members of the committees shall be | 357 |
appointed by the chairperson of the council and may include | 358 |
individuals who are not members of the council. | 359 |
The membership and responsibilities of each committee | 360 |
established under this section shall be subject to the approval of | 361 |
the director of health. Members of the committees shall be | 362 |
reimbursed for actual and necessary expenses incurred in the | 363 |
performance of their official duties. | 364 |
Committee reports shall be presented to the council at each | 365 |
regular meeting of the council. | 366 |
Section 2. That existing sections 3701.83, 3702.11, 3702.55, | 367 |
and 3709.09 and sections 3711.01, 3711.02, 3711.021, 3711.03, | 368 |
3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, | 369 |
3711.11, 3711.12, 3711.13, and 3711.99 of the Revised Code are | 370 |
hereby repealed. | 371 |
Section 3. Notwithstanding the provisions of Sections 1 and 2 | 372 |
of this act, a person may continue to operate a maternity home or | 373 |
facility in which obstetric or newborn care is offered pursuant | 374 |
to a license issued under Chapter 3711. of the Revised Code, as | 375 |
that chapter existed immediately prior to the effective date of | 376 |
this act, until the person's license expires or is revoked. | 377 |
Until the rules required by sections 3711.04 and 3711.10 of | 378 |
the Revised Code as enacted by this act are adopted, the | 379 |
Department of Health may renew licenses and issue new licenses | 380 |
under the rules adopted under former Chapter 3711. of the Revised | 381 |
Code. | 382 |