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H. B. No. 614 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Terhar, Adams, J., Blair, Yuko, Scherer, Beck, Derickson, Ruhl
A BILL
To amend section 3711.12 of the Revised Code to
require that rules governing maternity units,
newborn care nurseries, and maternity homes
include certain provisions pertaining to the
authority to make decisions regarding the transfer
of patients to other facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3711.12 of the Revised Code be
amended to read as follows:
Sec. 3711.12. (A) The director of health shall adopt rules in
accordance with Chapter 119. of the Revised Code as the director
considers necessary to implement the requirements of this chapter
for licensure and operation of maternity units, newborn care
nurseries, and maternity homes. The rules shall include provisions
for the following:
(1) Licensure application forms and procedures;
(2) Renewal procedures, including procedures that address the
right of the director of health, at the director's sole
discretion, to conduct an inspection prior to renewal of a
license;
(3) Initial license fees and license renewal fees;
(4) Fees for inspections conducted by the director under
section 3711.10 of the Revised Code;
(5) Safety standards, quality-of-care standards, and
quality-of-care data reporting requirements;
(6) Reporting and auditing requirements;
(7) Inspection criteria, procedures, and guidelines;
(8) Any other rules necessary to implement this chapter.
(B) Any rules adopted under this section that pertain to the
transfer of a pregnant woman, mother, or newborn child to a
different facility because of circumstances related to the health
condition of the pregnant woman, mother, or newborn child,
including a health condition resulting from having or the
potential for having a newborn child with a low birth weight or
low gestational age, shall include provisions that do both of the
following:
(1) Permit an attending physician, acting in good faith, to
make the decision that the physician considers best with respect
to the transfer;
(2) Grant a person who has authority to consent to the
transfer, including the pregnant woman, mother, or guardian of the
woman, mother, or newborn child, the right to refuse the transfer
once information has been provided to the person regarding the
risks and benefits of the transfer.
(C) When adopting rules under this section, the director
shall give consideration to recommendations regarding obstetric
and newborn care issued by the American college of obstetricians
and gynecologists; American academy of pediatrics; American
academy of family physicians; American society of
anesthesiologists; American college of nurse-midwives; United
States centers for disease control and prevention; association of
women's health, obstetric and neonatal nurses; and association of
perioperative registered nurses, or their successor organizations.
The director shall also consider the recommendations of the
maternity and newborn advisory council established in section
3711.20 of the Revised Code.
Section 2. That existing section 3711.12 of the Revised Code
is hereby repealed.
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