Current through all regulations passed and filed through September 16, 2024
(A) If the director of health determines that
an exempt freestanding birthing center is no longer in compliance with
divisions (4) and (5) of section
3702.301 of the Revised Code or
rules 3701-83-57 and
3701-83-58 of the Administrative
Code, the director may order the facility to come into compliance.
(B) In the order, the director may do any or
all of the following:
(1) Identify which
requirement the exempt center is not in compliance with and what actions the
center needs to take to come into compliance;
(2) Require that the exempt center come into
compliance within a period specified in the order;
(3) Require that the exempt center provide
the director with a written notice within a time period specified in the order
that contains all of the following:
(a) An
attestation that the center has come into compliance;
(b) The signature of the exempt freestanding
birthing center's administrator or medical director and an attestation that the
administrator or medical director, whomever signs the notice, is the center's
authorized representative;
(c) An
attestation that the information contained in the notice and any accompanying
documentation are true and accurate;
(d) Any other information or documentation
that the director may require to verify that the center has come into
compliance; and
(e) If the
noncompliance pertains to patient care, an attestation that the information or
documentation provided has been reviewed by the medical director or the
consulting physician.
(C) If the exempt freestanding birthing
center fails to comply with the director's order within the time period
specified in the order, the director may issue a second order that requires the
center to cease operations until the center obtains a license as a freestanding
birthing center under section
3702.30 of the Revised Code.
(D) In determining whether to
issue orders under paragraph (C) of this rule, the director may consider any of
the following factors:
(1) The danger of
serious physical or life-threatening harm existing or having existed to the
patient or patients of the center;
(2) The nature, duration, gravity, and extent
of the identified condition, situation or practice existing or continuing;
(3) Whether the violation directly
relates or related to patient care;
(4) The center's history of quality of care
data;
(5) The extent and
appropriateness of the actions taken by the center to correct the deficient
practice or contributing condition; and
(6) Whether the administrator, medical
director, or other staff of the center materially misrepresented any
information provided to the director.
R.C. 119.032 review dates:
02/10/2011 and
02/10/2016
Promulgated
Under: 119.03
Statutory Authority: 3702.301
Rule
Amplifies: 3702.301
Prior Effective Dates: 6/1/2007
