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Ohio Laws and Rules
(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.
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, 3711.02Rule Amplifies: 3711.02, 3711.06Prior Effective Dates: 4/30/03
3701-7-13 [Effective 1/1/2012] Maternity home safety standards
(A) All persons whose work or service responsibilities involve continuing activities in the maternity home 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 transmissible to others, prior to their having access to the home.
(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 or volunteer to provide services if the individual 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 current tuberculosis testing guidelines issued by the United States centers for disease control and prevention.
(E) A maternity home shall document any complications and adverse events impacting the health, safety, or well being of any resident.
(F) The maternity home shall comply with Chapter 3701-3 of the Administrative Code pertaining to reportable disease notification.
Replaces: 3701-7-10
Effective: 01/01/2012 R.C. 119.032 review dates: 01/01/2017 Promulgated Under: 119.03 Statutory Authority: 3711.12 Rule Amplifies: 3711.05, 3711.12 Prior Effective Dates: 7/15/1976, 4/30/03, 8/1/08