LAW
Writer®
Ohio Laws and Rules
(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; or
(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; and
(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 fifteenth 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.
Effective: 08/01/2008
R.C. 119.032 review dates: 03/26/2008 and 03/01/2013
Promulgated Under: 119.03
Statutory Authority: 3701.34, 3711.02
Rule Amplifies: 3711.01, 3711.03, 3711.04, 3711.06
Prior Effective Dates: 7/15/1976, 4/30/03