(A) Application for a license to operate a
maternity unit and
newborn care nursery, a
newborn care nursery, a
maternity
home, or renewal of an existing license, shall be made
either in writing on a form provided by the
director
and signed by the applicant or the applicant's agent
or
using an electronic system prescribed by the director and affirmed by the
applicant or the applicant's agent, and shall include the following:
(1) A nonrefundable application or renewal
fee based upon the
level classification as follows:
(a) Level I obstetrical service and level I
neonatal care service, one thousand two hundred fifty dollars;
(b) Level II obstetrical service and level II
neonatal care service, one thousand seven hundred fifty dollars;
(c) Level III obstetrical service and level
III neonatal care service, two thousand two hundred fifty dollars;
(d)
Level IV
obstetrical service and level IV neonatal care service, two thousand two
hundred fifty dollars;
(d)
(e) Freestanding
children's hospital with a level III neonatal care service, two thousand two
hundred fifty dollars; or
(f)
Freestanding
children's hospital with a level IV neonatal care service, two thousand two
hundred fifty dollars; or
(e)
(g) Maternity home,
seven hundred fifty dollars;
(2) The name to appear on the
license;
(3) The particular
premises in which the business will be carried out;
(4) The proposed
licensed capacity
for obstetric patients including a listing of the
following beds;
and
(c)
Labor, delivery,
recovery;
(d)
Labor, delivery, recovery, postpartum;
(5)
The proposed licensed capacity for infants, including a
listing of the following bassinets:
(d)
Special care
unit; and
(e)
Neonatal intensive care unit.
(5) For a level II neonatal care
service or a level III neonatal care service, the proposed sublevel
classification.
(B)
Each provider of
an obstetric service shall provide commensurate neonatal care services,
except:
(1)
A
level IV obstetric care service may provide either a level III or level IV
neonatal care service; or
(2)
As provided for in rule
3701-7-11.1 or 3701-7- 11.2 of
the Administrative Code.
Nothing in this paragraph prohibits an
obstetric service from entering into an agreement with a freestanding
children's hospital with a level III or level IV neonatal care service to
manage the neonatal care service for the obstetric service. However, the
licensee is utimately responsible for the operation of both
services.
(B)
(C) The license
renewal fee specified in paragraph (A) of this rule shall be paid not later
than sixty days after the director of health mails an invoice for the fee to
the license holder. A penalty of ten per cent of the amount of the renewal fee
shall be assessed for each month the fee is overdue.
(C)
(D) Upon receipt of a
completed application, the
director shall send a copy of the application to the
board of health of the
health district in which the
maternity unit and
newborn
care nursery,
newborn care nursery, or
maternity home is located. The
board of
health of the
health district shall:
(1)
Approve the application, unless the maternity unit, newborn care nursery, or
maternity home is in noncompliance with any applicable local health regulation;
and
(2) Notify the director of its
determination within thirty days of receipt of the application.
(D)
(E) If the board of health of the health district does
not provide the notice required by paragraph (C)(2) of this rule, the
application will be deemed to be approved by the board of health of the health
district.
(E)
(F) The
director shall issue a license to the
applicant if it is determined that the applicant is in compliance with Chapter
3711. of the Revised Code and applicable rules within Chapter 3701-7 of the
Administrative Code. The license shall state the following:
(1) The name of the licensee;
(2)
The particular
premises in which the business will be carried out
The licensed capacity
;
(3)
The level or, in
the case of a level IV obstetric service, the levels of care of the both the
obstetric and neonatal care service, if different;
(3)
(4)
The particular premises in which the business will
be carried out
The licensed capacity for
obstetric patients; and
(5)
The licensed capacity for newborns.
(4) For a level II neonatal care
service or a level III neonatal care service, the sublevel
classification
(F)
(G) The license shall
be valid for a period of three years
from the end of
the month in which the license was issued or renewed
, with review as often as deemed necessary, but at
least once every three years, in a fashion deemed appropriate by the director
to determine whether the maternity unit, newborn care nursery, or maternity
home is in compliance with rules 3701-7-01 to 3701-7-17 of the Administrative
Code.
(G)
(H) A license issued for a
maternity unit and
newborn
care nursery,
newborn care nursery, or
maternity home is valid only for the
premises provided on the license in accordance with paragraph
(E)
(F) of
this rule.
(H)
(I) The
licensee shall
promptly notify the
director
, in writing
, within seven
days of any change in
administrator, primary agent,
location, or name of the
maternity unit and
newborn care nursery,
newborn care nursery, or
maternity home.
(I)
(J)
The
licensee shall notify the
director within seven days
, in writing
, of the
voluntary suspension of operation, closing, or sale of the
maternity unit and
newborn care nursery,
newborn care nursery, or
maternity home, and return the
license to the
director.
In the event of involuntary
closure, the licensee shall provide writen notice as soon as possible after
learning of the closure.
(J)
(K) The license shall
be posted conspicuously at the entrance to the maternity unit and newborn care
nursery, newborn care nursery, or maternity home.
(K)
(L) The licensee shall
ensure that patient or resident occupancy does not exceed the licensed
capacity. The licensee shall develop and follow policies and procedures for
handling patients or residents that temporarily exceed the licensed capacity
due to factors outside the control of the licensee.
(L)
(M) The
licensee shall
notify the
director
, in writing
, prior to any construction, modernization, major
acquisition, or significant alteration that would change the
premises in which the business will be carried out,
the licensed capacity for either obstetric
patients or newborns, or that affects the level, volume, or scope of
services.
(M)
(N) The department of health may revoke a license
pursuant to section 3711.14 of the Revised Code in
accordance with Chapter 119. of the Revised Code.
Notes
Ohio Admin. Code
3701-7-03
Effective:
10/1/2019
Five Year Review (FYR) Dates:
3/11/2019 and
10/01/2024
Promulgated
Under: 119.03
Statutory
Authority: 3711.12
Rule
Amplifies: 3711.02,
3711.04,
3711.05,
3711.06,
3711.08,
3711.10
Prior
Effective Dates: 12/01/1976, 04/30/2003, 08/01/2008,
01/01/2012