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Ohio Laws and Rules
As used in rules 3701-7-02 to 3701-7-05 of the Administrative Code:
(A) “Director” means the director of the Ohio department of health or the director’s duly authorized representative.
(B) “Gynecologic patient” means a woman with or suspected of having a disorder related to her reproductive organs.
(C) “Licensee” means the individual, corporation, partnership, board, association or entity licensed by the director under rule 3701-7-02 of the Administrative Code to maintain a maternity unit.
(D) “Licensed capacity” means the maximum number of women and infants that the maternity unit is authorized to accommodate under its license.
(E) “Maternity hospital” means an institution registered under section 3701.07 of the Revised Code as a special hospital that provides inpatient care primarily to newborn infants and women during all or part of the maternity cycle
(F) “Maternity unit” means any area in a lying-in hospital or a maternity hospital where women are received and care is provided during all or part of the maternity cycle, or where newborn infants are received and care is provided.
R.C. 119.032 review dates: 03/13/2008 and 03/01/2013
Promulgated Under: 119.03
Statutory Authority: 3701.34, 3711.01, 3711.02, 3711.021, 3711.03, 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, 3711.12, 3711.13
Rule Amplifies: 3711.01, 3711.02, 3711.021, 3711.03, 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, 3711.12, 3711.13
Prior Effective Dates: 7/15/1976, 4/30/2003
(A) No person shall:
(1) Operate a maternity unit without a license issued by the director pursuant to this rule;
(2) Interfere with an inspection or investigation of a maternity unit;
(3) Materially misrepresent any information provided to the director pursuant to this rule.
(B) Application for a license to operate a maternity unit shall be made in writing on a form provided by the director, and signed by the applicant or the applicant’s agent, and shall include the following:
(1) The appropriate fee, as set forth in section 3711.021 of the Revised Code;
(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.
(C) Upon receipt of a complete application the director shall send a copy of the application to the board of health of the health district in which the maternity unit is located. The board of health of the health district shall approve the application, unless the maternity unit is in non-compliance with any applicable local health regulation. The board of health of the health district shall notify the director of its determination within thirty days of receipt of the application. If the board of health of the health district does not notify the director within thirty days of receipt of the application, the application will be deemed to be approved by the board of health of the health district. 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 rules 3701-7-02 to 3701-7-06 of the Administrative Code.
(D) The license shall state the following:
(1) The name of the licensee;
(2) The licensed capacity; and
(3) The particular premises in which the business will be carried out.
(E) The license shall be valid for a period of one year, with review as often as deemed necessary, but at least once annually, in a fashion deemed appropriate by the director to determine whether the maternity unit is in compliance with rules 3701-7-02 to 3701-7-06 of the Administrative Code.
(F) Applications for the renewal of a license shall be submitted to the director on or before January fifteen of each year in accordance with paragraph (B) of this rule.
(G) A license issued for a maternity unit is valid only for the premises provided on the license in accordance with paragraph (D) of this rule.
(H) The licensee shall promptly notify the director in writing of any change in administrator, primary agent, or name of the maternity unit.
(I) The licensee shall notify the director within seven days in writing of the suspension of operation, closing, or sale of the maternity unit, and return the license to the director.
(J) The license shall be posted conspicuously at the entrance to the maternity unit.
(K) The licensee shall ensure that occupancy does not exceed the licensed capacity at any time.
(L) The licensee shall notify the director prior to any construction, modernization, major acquisition, or significant alteration affecting the type or volume of services.
(M) The licensee shall comply with Chapter 3711. of the Revised Code, and rules 3701-7-02 to 3701-7-06 of the Administrative Code and the applicable provisions of Chapter 3701-84 of the Administrative Code.
(N) If the director determines the existence of a violation of any provision of Chapter 3711. of the Revised Code or rules 3701-7-02 to 3701-7-06 of the Administrative Code or Chapter 3701-84 of the Administrative Code, the director may request the licensee to submit an acceptable plan of correction to the director stating the actions being taken or to be taken to correct a violation, the time frame for completion and the means by which continuing compliance will be monitored.
(O) The department of health may revoke a license pursuant to section 3711.06 of the Revised Code in accordance with Chapter 119. of the Revised Code.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.02
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-02, 3701-7-03
R.C. 119.032 review dates: 04/01/2008
(A) In accordance with the maternity unit’s admission and infection control policies and procedures, developed pursuant to paragraph (B) of this rule and provided the patient to be admitted does not pose a risk to the health or safety of other patients in the unit, a maternity unit may only admit the following:
(1) Women at any stage of the maternity cycle for the treatment of any health condition whether related to the maternity condition or not.
(2) Non-infectious gynecologic patients;
(3) Non-infectious female surgical patients in accordance with policies and procedures approved by the director; and
(4) Newborn infants.
(B) Maternity units shall develop and follow written policies and procedures that address the following:
(1) Admission;
(2) Infection control; and
(3) Individual patient care plans.
R.C. 119.032 review dates: 03/13/2008 and 03/01/2013
Promulgated Under: 119.03
Statutory Authority: 3701.34, 3711.01, 3711.02, 3711.021, 3711.03, 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, 3711.12, 3711.13
Rule Amplifies: 3711.01, 3711.02, 3711.021, 3711.03, 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, 3711.12, 3711.13
Prior Effective Dates: 7/15/1976, 4/30/2003
(A) This rule shall not be construed to require any maternity unit licensed on or before March 20, 1997, to alter, upgrade, or otherwise improve the structure or fixtures of the maternity unit in order to comply with this rule or rule 3701-7-05 of the Administrative Code, unless one of the following applies:
(1) The maternity unit initiates a construction, renovation, or a reconstruction project that involves a capital expenditure of at least fifty thousand dollars, not including expenditures for equipment or staffing or operational costs, and that directly involves the area in which the existing service is conducted.
(2) The maternity unit initiates a service level designation change under Chapter 3701-84 of the Administrative Code.
(3) The director determines, by clear and convincing evidence, that failure to comply would create an imminent risk to the health and welfare of any patient.
(B) Each labor-delivery-recovery or labor-delivery-recovery-postpartum area shall provide space for the provision of services and the following:
(1) Single occupancy rooms with a minimum of two hundred fifty square feet of open floor space and a minimum room width or length of thirteen feet. Each room shall provide space for the mother, newborn and support person;
(2) A private toilet and shower or tub for each room;
(3) A distinct area within the room for newborn resuscitation and stabilization. The distinct area shall be equipped with two medical gas, two medical air, and three vacuum outlets that are accessible to the mother’s delivery and newborn’s resuscitation area;
(4) A minimum of six total air changes per hour with the ability to provide fifteen air changes per hour during the performance of a caesarean section; and
(5) Immediately accessible examination lights.
(C) Maternity units that provide services to maternity patients and do not provide labor-delivery-recovery area or labor-delivery-recovery-postpartum areas shall provide a minimum of two labor beds for each caesarean section delivery room.
(D) Maternity units utilizing separate labor rooms shall provide space for the provision of services and shall provide:
(1) A minimum area of one hundred square feet per bed. Labor rooms may be private or semi-private occupancy;
(2) One medical gas, one medical air and one vacuum outlet accessible to each mother’s bed;
(3) A minimum of two total air changes per hour with the ability to provide fifteen air changes per hour during the performance of a caesarean section;
(E) Maternity units utilizing separate recovery rooms shall provide space for the provision of services and shall provide:
(1) A minimum of two recovery room beds;
(2) Space for the newborn, mother and support person; and
(3) A minimum of six total air changes per hour per recovery room.
(F) Maternity units utilizing separate postpartum areas shall provide space for the provision of services and shall provide:
(1) A minimum of one hundred square feet of clear floor space per bed in semi-private rooms and one hundred and twenty square feet of clear floor space in private rooms. Postpartum rooms existing on or before March 20, 1997 shall provide at least eighty square feet of clear space per bed in semi-private rooms and one hundred square feet in private rooms; and
(2) Patient access to a bathroom with toilet and shower or tub, without entering the main corridor. One bathroom may serve no more than two postpartum beds.
(G) Each maternity unit shall provide at least one caesarean delivery room in every obstetrical area. Each caesarean delivery area shall provide space for services and shall provide:
(1) Caesarean delivery rooms with a minimum of three hundred and sixty square feet of open floor space and a minimum room width or length of sixteen feet. Any additional delivery rooms without caesarean section capability shall have a minimum open floor area of three hundred square feet;
(2) Space for newborn resuscitation which meets one of the following:
(a) A minimum of an additional forty square feet of clear floor space within the caesarean delivery room; or
(b) An area of one hundred and fifty square feet in a separate room immediately accessible to the caesarean delivery room; and
(3) A minimum of fifteen air changes per hour per caesarean delivery area.
(H) Each maternity unit shall provide the necessary equipment and supplies for the complete care of the newborn in the location where the physiologic transition period occurs. Equipment shall include:
(1) Heat source equipment;
(2) Oxygen, suction, and air outlets;
(3) Resuscitation equipment;
(4) Equipment necessary for physiologic monitoring; and
(5) Transport conveyance.
(I) Each maternity unit shall provide at least one airborne infection isolation room in or near at least one level of nursery care. The room shall be enclosed and separated from the nursery with provision for observation of the infant from adjacent nurseries or control area and shall be consistent with current infection control guidelines, issued by the United States centers for disease control and prevention.
(J) The maternity unit shall provide separate rooms or areas as necessary to support the services provided including:
(1) A consultation, demonstration, breast feeding or pump room, and
(2) A family waiting room.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-09, 3701-7-12, 3701-7-15, 3701-7-16, 3701-7-17
R.C. 119.032 review dates: 04/01/2008
(A) In addition to the applicable requirements of Chapter 3701-84 of the Administrative Code, each maternity unit shall provide newborn nursery facilities appropriate to the number of newborns that do not remain with their mothers during the postpartum stay, the average daily delivery volume, and the level designation of the newborn service under Chapter 3701-84 of the Administrative Code.
(B) Each newborn nursery room shall contain no more than sixteen newborn stations, and except as provided under this paragraph, provide a floor area of twenty-four square feet for each newborn station with a minimum of two feet between newborn stations. Maternity units providing care to newborns requiring close observation shall conform to the requirements set forth in Chapter 3701-84 of the Administrative Code for the level designation of that newborn service, and shall, at a minimum provide a floor area of fifty square feet with a distance of four feet between and at all sides of newborn stations.
(C) Each newborn nursery room shall provide space for procedures, equipment and staff functions and shall provide:
(1) Medical gas, medical air, and vacuum outlets accessible to each newborn;
(2) At least one door in each newborn nursery room that exits to the main corridor;
(3) At least one sink, capable of hands free operation, for each eight newborn stations;
(4) Observation windows to permit the viewing of newborns from public areas, workrooms and adjacent nursery rooms;
(5) Lighting capable of varying from indirect to high intensity;
(6) A system for storage and distribution of emergency drugs and routine medications;
(7) A minimum of six total air changes per hour in all newborn nursery rooms;
(D) Maternity units may replace newborn nursery rooms with baby holding nurseries in postpartum and labor-delivery-recovery-postpartum areas. The holding nursery shall meet the requirements of paragraphs (A) and (C)(7) of this rule.
(E) Maternity units using a commercial infant formula shall provide for the storage and handling of the formula. Newborn care services preparing infant formula on site shall provide a separate room or area for the preparation of safe formula using aseptic technique. If any formula requires the addition of more than two measured ingredients, or requires the addition of an ingredient which requires measurements not available routinely in the nursery, the service shall provide a separate formula room.
(F) In addition to the requirements of this rule, each maternity unit that operates an intermediate care nursery or an intensive care nursery designated as a level II or III under Chapter 3701-84 of the Administrative Code shall provide:
(1) A clearly identified entrance large enough to accommodate portable x-ray equipment, and a reception area for families. The reception area shall permit visual observation and contact by the staff of all individuals entering the unit. A scrub area shall be provided at each family entrance to the newborn care area;
(2) At least one door to each nursery room shall be large enough to accomodate portable x-ray equipment;
(3) A system to provide efficient and controlled access to the nursery from the labor and delivery area, the emergency room, and other referral entry points;
(4) Work areas, in addition to newborn care space;
(5) A minimum of one hundred square feet of open floor space for each newborn station. Additional space shall be provided based on acuity level of the newborn. There shall be an aisle adjacent to each newborn station with a minimum width of three feet to accommodate movement through the nursery without disturbing newborn care;
(6) A minimum of three medical gas, three medical air, three vacuum outlets, and seven duplex-grounded electrical receptacles organized in an accessible and safe manner for each newborn station. Fifty per cent of electrical outlets must be connected to the emergency system power and so labeled.
(7) A respiratory therapy work area and storage area within the newborn care area or in close proximity; and
(8) A transition room that allows parents and infant extended private time together in close proximity to the nursery. The room shall have a sink and toilet fixtures, a bed for parents, sufficient space for infant bed and equipment; communication linkage with newborn intensive care nursery staff, and electric, air, vacuum, and medical gas outlets. The transition room may be used for other purposes when not required for use by parents and infant.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-19, 3701-7-21, 3701-7-23
R.C. 119.032 review dates: 04/01/2008
(A) Upon written request of a maternity unit the director may grant:
(1) A variance from any requirement in rules 3701-7-02 to 3701-7-05 of the Administrative Code if the director determines that the intent of the requirement has been met in an alternative manner; or
(2) A waiver from any requirement in rules 3701-7-02 to 3701-7-05 of the Administrative Code if the director determines that the strict application of the requirement would cause an undue hardship to the maternity unit and that granting the waiver would not jeopardize the health and safety of any patient
(B) In granting a variance or waiver the director shall stipulate a time period for which the variance and waiver is to be effective and shall establish conditions the maternity unit must meet for the variance or waiver to be operative.
(C) The decision regarding a variance or waiver is a discretionary act by the director and an informal procedure not subject to Chapter 119. of the Revised Code. The director’s decision shall be based on documentation of the following:
(1) In the case of a variance request, the alternative means by which the maternity unit is meeting the intent of the requirement; and
(2) In the case of a waiver request, the undue hardship caused by the requirement and the reasons why a waiver of the requirement will not jeopardize the health and safety of any patient.
HISTORY: Eff 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
R.C. 119.032 review dates: 04/01/2008
As used in rules 3701-7-08 to 3701-7-12 of the Administrative Code:
(A) “Director” means the director of the Ohio department of health or the director’s duly authorized representative.
(B) “Licensee” means the individual, corporation, partnership, board, association or entity licensed by the director under rule 3701-7-08 of the Administrative Code to maintain a maternity home.
(C) “Licensed capacity” means the maximum number of women and infants that the maternity home is authorized to accommodate under its license.
(D) “Maternity home” and “home” means a maternity boardinghouse for pregnant women where accommodations, medical care and social services are provided during prenatal and postpartal periods.
(E) “Resident” means a woman or an infant to whom the maternity home provides accommodations, medical care, or social services.
R.C. 119.032 review dates: 03/13/2008 and 03/01/2013
Promulgated Under: 119.03
Statutory Authority: 3701.34, 3711.01, 3711.02, 3711.021, 3711.03, 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, 3711.12, 3711.13
Rule Amplifies: 3711.01, 3711.02, 3711.021, 3711.03, 3711.04, 3711.05, 3711.06, 3711.07, 3711.08, 3711.09, 3711.10, 3711.12, 3711.13
Prior Effective Dates: 7/15/1976, 4/30/2003
(A) No person shall:
(1) Operate a maternity home without a license issued by the director pursuant to this rule;
(2) Interfere with an inspection or investigation of a maternity home;
(3) Materially misrepresent any information provided to the director pursuant to this rule.
(B) Application for a license to operate a maternity home shall be made in writing on a form furnished by the director, and signed by the applicant or the applicant’s agent, and shall include the following:
(1) The name to appear on the license; and
(2) The particular premises in which the business will be carried out;
(3) The proposed licensed capacity.
(C) Upon receipt of a complete application the director shall send a copy of the application to the board of health of the health district in which the maternity home is located. The board of health of the health district shall approve the application, unless the maternity home is in non-compliance with any applicable local health regulation. The board of health of the health district shall notify the director of its determination within thirty days of receipt of the application. If the board of health of the health district does not notify the director within thirty days of receipt of the application, the application will be deemed to be approved by the board of health of the health district. 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 rules 3701-7-08 to 3701-7-13 of the Administrative Code.
(D) The license shall state the following:
(1) The name of the licensee;
(2) The licensed capacity; and
(3) The particular premises in which the business will be carried out.
(E) The license shall be valid for a period of one year, with review as often as deemed necessary, but at least once annually, in a fashion deemed appropriate by the director to determine whether the maternity home is in compliance with rules 3701-7-08 to 3701-7-13 of the Administrative Code.
(F) Applications for the renewal of a license shall be submitted to the director on or before January fifteenth, in accordance with paragraph (B) of this rule.
(G) A license issued for a maternity home is valid only for the premises provided on the license in accordance with paragraph (D) of this rule.
(H) The licensee shall promptly notify the director in writing of any change in administrator, primary agent, or name of the maternity home.
(I) The licensee shall notify the director within seven days in writing of the suspension of operation, closing, or sale of the maternity home, and return the license to the director.
(J) The license shall be posted conspicuously at the entrance to the maternity home.
(K) The licensee shall ensure that resident occupancy does not exceed the licensed capacity at any time.
(L) The licensee shall notify the director prior to any construction, modernization, major acquisition, or significant alteration affecting the type or volume of services.
(M) The licensee shall comply with Chapter 3711. of the Revised Code, and rules 3701-7-08 to 3701-7-13 of the Administrative Code.
(N) If the director determines the existence of a violation of any provision of Chapter 3711. of the Revised Code or rules 3701-7-08 to 3701-7-13 of the Administrative Code, the director may request the licensee to submit an acceptable plan of correction to the director stating the actions being taken or to be taken to correct a violation, the timeframe for completion and the means by which continuing compliance will be monitored.
(O) As authorized by section 3711.06 of the Revised Code, the department of health may revoke a license in accordance with Chapter 119. of the Revised Code.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.02
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-27
R.C. 119.032 review dates: 04/01/2008
(A) The maternity home shall have the ancillary and support staff necessary for the provision of the maternity home’s services.
(B) The maternity home shall assure all staff members provide services in accordance with applicable, current and accepted standards of practice and the clinical capabilities of the maternity home;
(C) Prior to admission, the maternity home shall provide the following, in writing to the prospective resident or the representative of the prospective resident:
(1) An itemized list of fees for all services provided by the home;
(2) A list of the services provided at the maternity home, to include at least the following;
(a) Medical services;
(b) Nursing services;
(c) Social services.
(3) A list of services available to the resident within the home or outside of the home within a reasonable proximity, along with instructions on how to obtain such services.
(D) The maternity home shall designate a person as administrator to be responsible for day to day operations of the home, assuring that resident needs are met at all times and for assuring compliance with these rules.
(E) The maternity home shall retain the services of a medical director. The medical director shall be a physician licensed to practice in Ohio and qualified in obstetrics. The medical director shall be responsible for the initiation and maintenance of policies and procedures for the prenatal and, where applicable, postpartum care of maternity home residents in the home.
(F) If the maternity home operates a nursery, a physician licensed to practice in Ohio qualified in pediatrics shall be retained to direct the care of the infants including the initiation and maintenance of policies and procedures necessary for this care.
(G) The maternity home shall retain the services of an appropriate health professional licensed in Ohio to direct the nursing activities, including the initiation and maintenance of policies and procedures dealing with nursing care.
(H) A nurse, licensed in Ohio, shall be on duty at all times that the nursery is occupied, in a maternity home that operates a nursery.
(I) The medical records of the women residents shall include, but not be limited to prenatal history, physical examination, and treatment and medication orders.
(J) The medical records of the infant residents shall include, but not be limited to, a history of gestation, delivery, and immediate postnatal period, physical examination, and treatment and medication orders.
(K) The maternity home shall document any complications and adverse events.
(L) The maternity home shall keep all records and reports for not less than two years and such records and reports shall be available for inspection by the director or his authorized representative.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-28, 3701-7-35
R.C. 119.032 review dates: 04/01/2008
(A) All persons whose work or service responsibilities involve continuing activities in the maternity home, including the formula room, shall have a health evaluation by a licensed physician or other licensed health professional operating within their scope of practice, which shall include establishing the absence of conditions transmissable to others, prior to their having access to the home. This evaluation shall include a test for tuberculosis in accordance with paragraph (D) of this rule.
(B) The maternity home shall establish and follow written infection control policies and procedures for the surveillance, control and prevention and reporting of communicable disease organisms by both the contact and airborne routes which shall be consistent with current infection control guidelines, issued by the United States centers for disease control and prevention. The policies and procedures shall address:
(1) The utilization of protective clothing and equipment;
(2) The storage, maintenance and distribution of sterile supplies and equipment;
(3) The disposal of biological waste; including blood, body tissue, and fluid in accordance with Ohio law;
(4) Universal precautions body substance isolation or equivalent; and
(5) Tuberculosis and other airborne diseases.
(C) The maternity home shall not knowingly permit a staff member to provide services if the staff member has a communicable disease capable of being transmitted during the performance of his or her duties.
(D) The maternity home shall require each staff member to be tested for tuberculosis in accordance with this paragraph.
(1) The required tuberculosis test shall include a two-step Mantoux skin test.
(a) If the first skin test is nonsignificant, the staff member may have resident contact while waiting for the results of a second skin test. A second skin test shall be performed at least seven, but not more than twenty-one days after the first step was performed. If the second test is nonsignificant, a single test shall be repeated annually within thirty days of the anniversary date of the most recent testing.
(b) Only a single step Mantoux is required if the individual has documentation of either a single step Mantoux test or a two-step Mantoux test within one year of commencing work.
(c) If either test is significant, the maternity home shall take action consistent with guidelines issued by the United States center for disease control and prevention for the prevention of tuberculosis. Additional Mantoux testing is not required after one medically documented significant test.
(2) Maternity homes shall retain documentation evidencing compliance with this paragraph and shall furnish such documentation to the director upon request.
(E) The maternity home shall comply with rule 3701-3-03 of the Administrative Code pertaining to reportable disease notification.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-27, 3701-7-33
R.C. 119.032 review dates: 04/01/2008
(A) Facilities and equipment shall be free from health, fire, and accident hazards and maintained in a safe and sanitary manner.
(B) Facilities and equipment shall include at least the following:
(1) Equipment, lighting, and means of regulating indoor temperature and indoor air quality to provide a safe and comfortable living environment and working conditions in the maternity home;
(2) Adequate facilities for the delivery of housekeeping and other supportive services;
(3) Handrails in all stairwells, and grab bars in bathrooms and showers;
(4) Secure office space for maintenance, preparation, and storage, of residents’ medical records and medications;
(5) Toilet facilities for personnel;
(6) Dining area;
(7) Adequate storage areas;
(8) Means for the sanitary disposal of waste and soiled linen;
(9) A relaxation area not readily accessible to the casual visitor;
(10) Private office space for resident consultation;
(11) Laundry facilities for residents;
(12) At least one separate private room for the examination and treatment of residents;
(13) Equipment and supplies necessary for routine and emergency care of residents;
(14) Resident bedrooms in maternity homes licensed prior to the July 15, 1976, shall have:
(a) At least three feet between beds;
(b) Adequate storage space for each resident;
(c) At least one shower for every twelve residents;
(d) At least one lavatory and one toilet for every eight residents.
(15) In maternity homes licensed after July 15, 1976, or those performing major alterations or reconstruction after July 15, 1976, each resident bedroom shall house no more than four beds and have at least one attached toilet room.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-29, 3701-7-30, 3701-7-31
R.C. 119.032 review dates: 04/01/2008
(A) Each maternity home which offers newborn services shall maintain newborn nursery appropriate to the number of newborns to be cared for at any one time. Each newborn nursery room shall be equipped with the following:
(1) A floor area of twenty-four square feet for each newborn station with a minimum of two feet between newborn stations; or
(2) Maternity homes providing care to newborns requiring close observation shall provide a minimum floor area of fifty square feet with a minimum of four feet between and at all sides of newborn stations;
(3) At least one door that exits to a main corridor; and
(4) At least one sink capable of hands free operation.
(B) Maternity homes using a commercial newborn formula shall provide for the storage and handling of the formula. Maternity homes preparing newborn formula on site shall provide a separate room or area for the preparation of a safe formula using aseptic technique. If any formula requires the addition of more than two measured ingredients, or requires the addition of an ingredient which requires measurements not available routinely in the nursery, the maternity home shall provide a separate formula room.
HISTORY: Eff 7-15-76; 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
Replaces: 3701-7-32, 3701-7-34
R.C. 119.032 review dates: 04/01/2008
(A) Upon written request of a maternity home the director may grant:
(1) A variance from any requirement in rules 3701-7-08 to 3701-7-12 of the Administrative Code if the director determines that the intent of the requirement has been met in an alternative manner; or
(2) A waiver from any requirement in rules 3701-7-08 to 3701-7-12 of the Administrative Code if the director determines that the strict application of the requirement would cause an undue hardship to the maternity home and that granting the waiver would not jeopardize the health and safety of any resident.
(B) In granting a variance or waiver the director shall stipulate a time period for which the variance and waiver is to be effective and shall establish conditions the maternity home must meet for the variance or waiver to be operative.
(C) The decision regarding a variance or waiver is a discretionary act by the director and an informal procedure not subject to Chapter 119. of the Revised Code. The director’s decision shall be based on documentation of the following:
(1) In the case of a variance request, the alternative means by which the maternity home is meeting the intent of the requirement; and
(2) In the case of a waiver request, the undue hardship caused by the requirement and the reasons why a waiver of the requirement will not jeopardize the health and safety of any resident.
HISTORY: Eff 4-30-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3701.34, 3711.01 to 3711.13
Rule amplifies: RC 3711.01 to 3711.13
R.C. 119.032 review dates: 04/01/2008