Lawriter - OAC - 3701-86-03 Location, environment, and supervision of a newborn safety incubator.

3701-86-03 Location, environment, and supervision of a newborn safety incubator.

(A) In accordance with section 2151.3517 of the Revised Code, newborn safety incubators shall only be installed at locations of the following entities:

(1) Law enforcement agency;

(2) Hospital registered pursuant to section 3701.07 of the Revised Code; or

(3) Emergency medical service organization.

(B) Each location where a newborn safety incubator is installed shall have at least one individual authorized by section 2151.3517 of the Revised Code and outlined in paragraph (F) of this rule present and on duty in the facility at all times, twenty four hours a day, seven days a week to take possession of a surrendered child.

(C) Each location where a newborn safety incubator is installed shall post signage that clearly identifies the newborn safety incubator access portal door and provides both written and pictorial instruction to the surrendering parent to:

(1) Open the access portal door;

(2) Place the infant inside the medical bassinet; and

(3) Close the access portal door to engage the lock.

(D) The newborn safety incubator access portal door shall only be installed:

(1) On an exterior wall of an authorized facility listed in paragraph (A) of this rule that:

(a) Ensures anonymity of the surrendering parent; and

(b) Provides access to an area within the interior of the building that provides:

(i) A climate controlled environment, including temperature control within the range of seventy-one to eighty-one degrees; and

(ii) Air circulation that is free from pollutants, exhaust, chemical fumes, and smoke.

(2) In a manner that provides unencumbered access from the exterior of the building through the access portal door for the surrender of the child into the medical bassinet:

(E) The placement of the newborn safety incubator access portal door and medical bassinet within the interior of the building shall provide unencumbered access to the medical bassinet for an authorized individual, as outlined in paragraph (F) of this rule, responding to the alarm notification that a child has been surrendered into the newborn safety incubator.

(F) In accordance with section 2151.3517 of the Revised Code, only the following persons, while acting in an official capacity, shall take possession of a child who is thirty days old or younger, from a newborn safety incubator:

(1) A peace officer on behalf of the law enforcement agency that employs the officer;

(2) A hospital employee on behalf of the hospital that has granted the person privilege to practice at the hospital or that employs the person; or

(3) An emergency medical service worker on behalf of the emergency medical service organization that employs the worker or for which the worker provides services.

(G) Upon taking possession of a surrendered child from a newborn safety incubator, the law enforcement agency, hospital, or emergency medical service organization shall act in accordance with the requirements of section 2151.3517 of the Revised Code.


Effective: 10/5/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 2151.3532
Rule Amplifies: 2151.3532