Bill Text: OH HB60 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-02-12 - To Health and Aging [HB60 Detail]

Download: Ohio-2013-HB60-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 60

Representative Huffman 

Cosponsor: Representative Terhar 

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A BILL

To amend section 3711.12 and to enact section 3711.13

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of the Revised Code to require that rules

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governing maternity units, newborn care nurseries,

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and maternity homes include certain provisions

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pertaining to the authority to make decisions

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regarding the transfer of patients to other

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facilities and to specify procedures for granting

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variances or waivers of any requirement in the

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rules governing operation of such facilities.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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;

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(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;

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(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;

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(7) Inspection criteria, procedures, and guidelines;

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(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.

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(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