Indiana § 16-21-2-2.5 - Adoption of rules concerning birthing centers; penalties

§ 16-21-2-2.5. Adoption of rules concerning birthing centers; penalties

Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers and other facilities as specified:

(1) Establish minimum license qualifications.

(2) Establish the following requirements:

(A) Sanitation standards.

(B) Staff qualifications.

(C) Necessary emergency equipment.

(D) Procedures to provide emergency care.

(E) Procedures to monitor patients after the administration of anesthesia.

(F) Procedures to provide follow-up care for patient complications.

(G) Quality assurance standards.

(H) Infection control.

(I) Provision of informed consent brochures, as described in IC 16-34-2-1.5, to hospitals and ambulatory outpatient surgical centers in English, Spanish, and a third language determined by the state department.

(J) Provision of a hotline telephone number that provides assistance for patients who are:

(i) coerced into an abortion; or

(ii) victims of sex trafficking.

(K) Annual training by law enforcement officers on identifying and assisting women who are:

(i) coerced into an abortion; or

(ii) victims of sex trafficking.

(3) Prescribe the operating policies, supervision, and maintenance of medical records, including the requirement that all forms that require a patient signature be stored in the patient's medical record.

(4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under this subsection must address the following:

(A) The form and content of the license.

(B) The collection of an annual license fee.

(5) Prescribe the procedures and standards for inspections.

(6) Prescribe procedures for:

(A) implementing a plan of correction to address any violations of any provision of this chapter or any rules adopted under this chapter; and

(B) implementing a system for the state department to follow if the birthing center fails to comply with the plan of correction described in clause (A) and disciplinary action is needed.

(b) A person who knowingly or intentionally:

(1) operates a birthing center that is not licensed under this chapter; or

(2) advertises the operation of a birthing center that is not licensed under this chapter;

commits a Class A misdemeanor.

As added by P.L.96-2005, SEC.7. Amended by P.L.136-2013, SEC.4; P.L.92-2015, SEC.4; P.L.173-2017, SEC.2; P.L.205-2018, SEC.4; P.L.179-2022(ss), SEC.10.