To amend section 3711.12 and to enact section 3711.13 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 and to specify procedures for granting variances or waivers of any requirement in the rules governing operation of such facilities.

Section 1. That section 3711.12 be amended and section 3711.13 of the Revised Code be enacted 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) Application forms to be used and procedures to be followed in applying for a variance or waiver of any of the requirements of the rules adopted under this section regarding the operation of a maternity unit, newborn care nursery, or maternity home;

(9) Any other rules necessary to implement this chapter.

(B) Any rules adopted under this section that pertain to the transfer of a pregnant woman, the mother of a newborn child, or the 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, the mother, or the guardian of the pregnant 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.

Sec.  3711.13.  (A) The director of health may grant a variance from or waiver of any of the requirements established in rules adopted under section 3711.12 of the Revised Code regarding the operation of a maternity unit, newborn care nursery, or maternity home.

(B) Each maternity unit, newborn care nursery, or maternity home seeking a variance or waiver shall file an application with the director. The application shall be made on the form and in accordance with the procedures specified in rules adopted under section 3711.12 of the Revised Code.

(C) The director shall review all applications received. Not later than ninety days after receiving an application, the director shall determine whether to grant the variance or waiver and shall notify the applicant in writing of the director's decision. The director's decision is not subject to appeal under Chapter 119. of the Revised Code.

(D) Both of the following apply to the director in determining whether to grant a variance or waiver:

(1) A variance may be granted to an applicant if the director determines that the intent of a requirement has been met by the applicant in an alternate manner.

(2) A waiver may be granted if the director determines that strict application of a requirement would cause an undue hardship to the applicant and that granting the waiver would not jeopardize the health and safety of any patient or resident.

Section 2. That existing section 3711.12 of the Revised Code is hereby repealed.