Current through Register No. 40, October 3, 2024
(a) The licensee
shall comply with all relevant federal, state, and local laws, rules, codes,
and ordinances as applicable.
(b)
The licensee shall have a written policy and procedures setting forth the
rights and responsibilities of clients admitted to the birthing center in
accordance with RSA
151:20.
(c) The licensee shall define, in writing,
the scope and type of services to be provided at the birthing center, including
the client services required in
He-P
810.16.
(d) The licensee shall assess and monitor the
quality of care and services.
(e)
The licensee shall not falsify any information contained in:
(1) The "Application for Residential or
Health Care License," or any other documents required for the licensing of a
birthing center; or
(2) The records
required to be maintained for the clients and personnel of the birthing
center.
(f) The licensee
shall not advertise or otherwise represent the birthing center as having
residential care or health care programs or services for which they are not
licensed to provide.
(g) The
licensee shall comply with all conditions of warnings and administrative
remedies issued by the department and all court orders.
(h) Licensees shall have responsibility and
authority for:
(1) Managing, controlling, and
operating the birthing center;
(2)
Developing and implementing written policies and procedures governing all of
the operations and services provided, and for:
a. Reviewing the policies and procedures
annually; and
b. Revising as
needed;
(3) Meeting the
needs of a client when the client is in the care of the birthing
center;
(4) Establishing, in
writing, a chain of command that sets forth the line of authority for the
operation of the birthing center;
(5) Appointing an administrator;
(6) Appointing a medical director;
(7) Verifying the qualifications of all
personnel;
(8) Providing sufficient
numbers of personnel who are present in the birthing center and are qualified
to meet the needs of clients during all hours of operation, in accordance with
He-P
810.15(f) (1) ;
(9) Reporting all positive tuberculosis test
(TB) results for personnel to the department's TB program in accordance with
RSA
141-C:7,
He-P
301.02, and
He-P
301.03;
(10) Providing the birthing center with
sufficient supplies, equipment, and lighting to ensure that the needs of
clients are met; and
(11)
Implementing any POC that has been accepted or issued by the
department.
(i) The
licensee shall consider all clients to be competent and capable of making
health care decisions unless the client:
(1)
Has a guardian or conservator appointed by a court of competent
jurisdiction;
(2) Has a durable
power of attorney for health care that has been activated; or
(3) Is a minor.
(j) The licensee shall only admit a client
whose needs can be met through the programs and services offered under the
current license.
(k) If the
licensee has a client whose needs cannot be met by the programs and services
offered at the birthing center, the licensee shall transfer the client to a
licensed facility whose current license classification will allow it to meet
the needs of the client.
(l) The
birthing center shall not exceed the number of licensed beds authorized by the
department.
(m) In addition to the
posting requirements specified in
RSA
151:29, the licensee shall post the following
documents in an area of the birthing center that is conspicuous and open to
clients and the general public:
(1) The
current license issued in accordance with
RSA
151:2;
(2) All statements of findings and notices to
correct issued in accordance with
He-P
810.09(d) and
He-P
810.11(f) for the previous 12
months;
(3) A copy of the patients'
bill of rights specified by
RSA
151:21;
(4) A copy of the licensee's complaint
procedure, including a statement that complaints may be submitted, in writing,
to the Department of Health and Human Services, Health Facilities
Administration, 129 Pleasant Street, Concord, N.H. 03301 or by calling
1-800-852-3345; and
(5) The
licensee's evacuation floor plan identifying the location of and access to all
fire exits.
(n) The
licensee shall admit and allow any department representative to inspect the
birthing center and all programs and services they are providing at any time
for the purpose of determining compliance with RSA 151 and He-P 810 as
authorized by RSA
151:6 and
RSA
151:6-a.
(o) For reportable incidents, the licensee
shall:
(1) Fax to 271-5574 or, if a fax
machine is not available, convey by electronic or regular mail, the following
information to the department within 48 hours of a reportable incident as
defined in He-P 810.03(an)
:
a. The
birthing center's name;
b. A
description of the incident, including identification of injuries, if
applicable;
c. The name of the
licensee(s) or personnel involved in, witnessing, or responding to the
reportable incident;
d. The name of
client(s) involved in the reportable incident;
e. The date and time of the reportable
incident;
f. The action taken in
direct response to the reportable incident;
g. If medical intervention was required, by
whom and the date and time;
h. When
the client's guardian or agent, if any, or personal representative, or
emergency contact person was notified;
i. The signature of the person reporting the
reportable incident; and
j. The
date and time the clients licensed practitioner was notified, if applicable;
and
(2) Notify the
department with a written report within 5 days describing the actions taken by
personnel, the final outcome or continuation of the reportable incident, and
actions taken to prevent a reoccurrence if it was not submitted in the initial
report.
(p) A licensee
shall provide a client or their guardian, agent acting pursuant to an activated
durable power of attorney (DPOA), or anyone else authorized in writing by the
client with a copy of the client's record pursuant to the provisions of
RSA
151:21, X, upon request.
(q) All records required for licensing shall:
(1) Be available to the department during an
inspection or investigation conducted in accordance with
RSA
151:6 and
RSA
151:6-a;
(2) Be legible, current and accurate;
and
(3) Be maintained in a secure
manner that safeguards confidentiality and prevents tampering with
data.
(r) Any licensee
that maintains electronic records shall develop a system with written policies
and procedures to protect the privacy of clients and staff that, at a minimum,
include:
(1) Procedures for backing up files
to prevent deletion;
(2) Safeguards
to ensure the confidentiality of information pertaining to clients and staff;
and
(3) Systems to prevent
tampering with information pertaining to clients and staff.
(s) The licensee shall comply with
the patient's bill of rights as set forth in
RSA
151:21.
(t) The licensee shall provide housekeeping
and maintenance service, as needed to protect clients, personnel, and the
public.
(u) Applicants, licensees,
and staff shall cooperate with the department during all departmental visits
authorized under RSA 151 and He-P 810, including allowing representatives of
the department to:
(1) Enter and complete an
inspection of the premises;
(2)
Review and reproduce any forms or reports which are required to be maintained
or made available to the department; and
(3) Interview staff and clients of the
birthing center.
(v) The
licensee shall not falsify any documentation required by law or provide false
or misleading information to the department.
#8957, eff
7-27-07
