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To amend section 3711.12 and to enact section 3711.13 | 1 |
of the Revised Code to require that rules | 2 |
governing maternity units, newborn care nurseries, | 3 |
and maternity homes include certain provisions | 4 |
pertaining to the authority to make decisions | 5 |
regarding the transfer of patients to other | 6 |
facilities and to specify procedures for granting | 7 |
variances or waivers of any requirement in the | 8 |
rules governing operation of such facilities. | 9 |
Section 1. That section 3711.12 be amended and section | 10 |
3711.13 of the Revised Code be enacted to read as follows: | 11 |
Sec. 3711.12. (A) The director of health shall adopt rules in | 12 |
accordance with Chapter 119. of the Revised Code as the director | 13 |
considers necessary to implement the requirements of this chapter | 14 |
for licensure and operation of maternity units, newborn care | 15 |
nurseries, and maternity homes. The rules shall include provisions | 16 |
for the following: | 17 |
(1) Licensure application forms and procedures; | 18 |
(2) Renewal procedures, including procedures that address the | 19 |
right of the director of health, at the director's sole | 20 |
discretion, to conduct an inspection prior to renewal of a | 21 |
license; | 22 |
(3) Initial license fees and license renewal fees; | 23 |
(4) Fees for inspections conducted by the director under | 24 |
section 3711.10 of the Revised Code; | 25 |
(5) Safety standards, quality-of-care standards, and | 26 |
quality-of-care data reporting requirements; | 27 |
(6) Reporting and auditing requirements; | 28 |
(7) Inspection criteria, procedures, and guidelines; | 29 |
(8) Application forms to be used and procedures to be | 30 |
followed in applying for a variance or waiver of any of the | 31 |
requirements of the rules adopted under this section regarding the | 32 |
operation of a maternity unit, newborn care nursery, or maternity | 33 |
home; | 34 |
(9) Any other rules necessary to implement this chapter. | 35 |
(B) Any rules adopted under this section that pertain to the | 36 |
transfer of a pregnant woman, the mother of a newborn child, or | 37 |
the newborn child to a different facility because of circumstances | 38 |
related to the health condition of the pregnant woman, mother, or | 39 |
newborn child, including a health condition resulting from having | 40 |
or the potential for having a newborn child with a low birth | 41 |
weight or low gestational age, shall include provisions that do | 42 |
both of the following: | 43 |
(1) Permit an attending physician, acting in good faith, to | 44 |
make the decision that the physician considers best with respect | 45 |
to the transfer; | 46 |
(2) Grant a person who has authority to consent to the | 47 |
transfer, including the pregnant woman, the mother, or the | 48 |
guardian of the pregnant woman, mother, or newborn child, the | 49 |
right to refuse the transfer once information has been provided to | 50 |
the person regarding the risks and benefits of the transfer. | 51 |
(C) When adopting rules under this section, the director | 52 |
shall give consideration to recommendations regarding obstetric | 53 |
and newborn care issued by the American college of obstetricians | 54 |
and gynecologists; American academy of pediatrics; American | 55 |
academy of family physicians; American society of | 56 |
anesthesiologists; American college of nurse-midwives; United | 57 |
States centers for disease control and prevention; association of | 58 |
women's health, obstetric and neonatal nurses; and association of | 59 |
perioperative registered nurses, or their successor organizations. | 60 |
The director shall also consider the recommendations of the | 61 |
maternity and newborn advisory council established in section | 62 |
3711.20 of the Revised Code. | 63 |
Sec. 3711.13. (A) The director of health may grant a | 64 |
variance from or waiver of any of the requirements established in | 65 |
rules adopted under section 3711.12 of the Revised Code regarding | 66 |
the operation of a maternity unit, newborn care nursery, or | 67 |
maternity home. | 68 |
(B) Each maternity unit, newborn care nursery, or maternity | 69 |
home seeking a variance or waiver shall file an application with | 70 |
the director. The application shall be made on the form and in | 71 |
accordance with the procedures specified in rules adopted under | 72 |
section 3711.12 of the Revised Code. | 73 |
(C) The director shall review all applications received. Not | 74 |
later than ninety days after receiving an application, the | 75 |
director shall determine whether to grant the variance or waiver | 76 |
and shall notify the applicant in writing of the director's | 77 |
decision. The director's decision is not subject to appeal under | 78 |
Chapter 119. of the Revised Code. | 79 |
(D) Both of the following apply to the director in | 80 |
determining whether to grant a variance or waiver: | 81 |
(1) A variance may be granted to an applicant if the director | 82 |
determines that the intent of a requirement has been met by the | 83 |
applicant in an alternate manner. | 84 |
(2) A waiver may be granted if the director determines that | 85 |
strict application of a requirement would cause an undue hardship | 86 |
to the applicant and that granting the waiver would not jeopardize | 87 |
the health and safety of any patient or resident. | 88 |
Section 2. That existing section 3711.12 of the Revised Code | 89 |
is hereby repealed. | 90 |