Bill Text: OH HB614 | 2011-2012 | 129th General Assembly | Introduced


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.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced - Dead) 2012-11-29 - To Health & Aging [HB614 Detail]

Download: Ohio-2011-HB614-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 614


Representative Huffman 

Cosponsors: Representatives Terhar, Adams, J., Blair, Yuko, Scherer, Beck, Derickson, Ruhl 



A BILL
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


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

       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

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