Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 264 - BIRTH CENTER LICENSING CODE › Subpart A - GENERAL REQUIREMENTS › Section 264.1250 - General Requirements for Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall open, manage,
				conduct, offer, maintain, or advertise as a birth center without a valid
				license issued by the Department. All birth centers in existence as of
September 1, 2023
shall obtain a valid license to operate
by
				September 1, 2025. (Section 10 of the Act)
b)
A birth center shall obtain a
				certificate of need from the Health Facilities and Services Review Board under
				the Health Facilities Planning Act before receiving a license by the Department
				under
the
Act.
(Section 17(a) of the Act)
c) A birth center shall have no more than 10
				beds.
d) Each license shall specify
				the licensed bed capacity of the birth center.
If, after obtaining an
				initial certificate of need under
subsection (a),
a birth
				center seeks to increase the bed capacity of the birth center, the birth center
				must obtain a certificate of need from the Health Facilities and Services
				Review Board before increasing bed capacity
and obtain approval from
				the Department before operating expanded beds. (Section 17(b) of the
				Act)
e) Proposed changes in birth
				center licensed bed capacity shall be submitted in writing to the Department
				and shall be subject to the approval of the Department based upon need and
				compliance with Subpart B of this Part.
f) A birth center shall be a designated site
				that is away from the pregnant person's usual place of residence and in which
				births are planned to occur following a normal, uncomplicated, and low-risk
				pregnancy.
g)
A birth
				center shall offer prenatal care and community education services and shall
				coordinate these services with other health care services available in the
				community.
(Section 5 of the Act)
h)
A birth center shall seek
				certification under Titles XVIII and XIX of the federal Social Security
				Act.
(Section 40(a) of the Act)
i)
Each birth center must become
				accredited by either the Commission for the Accreditation of Freestanding Birth
				Centers or the Joint Commission
within two years after becoming
				licensed. (Section 35 of the Act)
j) Each birth center shall have all
				agreements as required in Section
				264.2250.
k) No person or place shall represent itself
				as a "birth center" or use the term "birth center" in its title, advertising,
				publications, or other form of communication unless licensed as a birth center
				in accordance with this Part.
l)
				Procedures performed at birth centers shall be limited to those normally
				accomplished in uncomplicated childbirth, including repairs of obstetric
				lacerations performed in accordance with the birth attendant's or birth
				assistant's scope of practice (See Section
				264.1550). Surgical procedures
				such as tubal ligation are prohibited at birth centers.
m)
A birth center may not
				discriminate against any client requiring treatment because of the source of
				payment for services, including Medicare and Medicaid recipients.
(Section 40(d) of the Act)
n) The
				clinical director, or their designee, shall be available on the premises or
				within close proximity.
o) The
				birth center license shall be prominently displayed in an area visible to the
				public.
p) A change of ownership
				will require a new application.
q)
The Department
will
issue a license under
the
				Act and this Part
if, after application, inspection, and investigation,
				it finds the applicant meets the requirements of
the Act and this
				Part. (Section 15(c) of the Act)
1) The
				license shall not be transferable; it is issued to the licensee and for the
				specific location and number of beds identified in the license.
2) The license shall become automatically
				void and shall be returned to the Department if the birth center's license is
				revoked, nonrenewed or relinquished, denied, forfeited, or suspended.