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To amend section 3711.12 of the Revised Code to | 1 |
require that rules governing maternity units, | 2 |
newborn care nurseries, and maternity homes | 3 |
include certain provisions pertaining to the | 4 |
authority to make decisions regarding the transfer | 5 |
of patients to other facilities. | 6 |
Section 1. That section 3711.12 of the Revised Code be | 7 |
amended to read as follows: | 8 |
Sec. 3711.12. (A) The director of health shall adopt rules in | 9 |
accordance with Chapter 119. of the Revised Code as the director | 10 |
considers necessary to implement the requirements of this chapter | 11 |
for licensure and operation of maternity units, newborn care | 12 |
nurseries, and maternity homes. The rules shall include provisions | 13 |
for the following: | 14 |
(1) Licensure application forms and procedures; | 15 |
(2) Renewal procedures, including procedures that address the | 16 |
right of the director of health, at the director's sole | 17 |
discretion, to conduct an inspection prior to renewal of a | 18 |
license; | 19 |
(3) Initial license fees and license renewal fees; | 20 |
(4) Fees for inspections conducted by the director under | 21 |
section 3711.10 of the Revised Code; | 22 |
(5) Safety standards, quality-of-care standards, and | 23 |
quality-of-care data reporting requirements; | 24 |
(6) Reporting and auditing requirements; | 25 |
(7) Inspection criteria, procedures, and guidelines; | 26 |
(8) Any other rules necessary to implement this chapter. | 27 |
(B) Any rules adopted under this section that pertain to the | 28 |
transfer of a pregnant woman, mother, or newborn child to a | 29 |
different facility because of circumstances related to the health | 30 |
condition of the pregnant woman, mother, or newborn child, | 31 |
including a health condition resulting from having or the | 32 |
potential for having a newborn child with a low birth weight or | 33 |
low gestational age, shall include provisions that do both of the | 34 |
following: | 35 |
(1) Permit an attending physician, acting in good faith, to | 36 |
make the decision that the physician considers best with respect | 37 |
to the transfer; | 38 |
(2) Grant a person who has authority to consent to the | 39 |
transfer, including the pregnant woman, mother, or guardian of the | 40 |
woman, mother, or newborn child, the right to refuse the transfer | 41 |
once information has been provided to the person regarding the | 42 |
risks and benefits of the transfer. | 43 |
(C) When adopting rules under this section, the director | 44 |
shall give consideration to recommendations regarding obstetric | 45 |
and newborn care issued by the American college of obstetricians | 46 |
and gynecologists; American academy of pediatrics; American | 47 |
academy of family physicians; American society of | 48 |
anesthesiologists; American college of nurse-midwives; United | 49 |
States centers for disease control and prevention; association of | 50 |
women's health, obstetric and neonatal nurses; and association of | 51 |
perioperative registered nurses, or their successor organizations. | 52 |
The director shall also consider the recommendations of the | 53 |
maternity and newborn advisory council established in section | 54 |
3711.20 of the Revised Code. | 55 |
Section 2. That existing section 3711.12 of the Revised Code | 56 |
is hereby repealed. | 57 |