Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 8 - Birth Centers › Section 216-RICR-40-10-8.3 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed as follows:
1. "Act"
				  means R.I. Gen. Laws Chapter 23-17, entitled "Licensing of Health Care
				  Facilities."
2. "Birth center", or
				  "Center," means any public or private establishment, place or facility,
				  geographically distinct and separate from a hospital or the mother's residence,
				  staffed, equipped and operated to provide services to low-risk mothers as
				  defined in §
											8.3(A)(9)   of
				  this Part during pregnancy, labor, birth and puerperium.
3. "Change of operator" means a transfer by
				  the governing body or operator of a Birth Center to any other person (excluding
				  delegations of authority to the medical or administrative staff of the
				  facility) of the governing body's authority to:
a. Hire or fire the chief executive officer
				  of the Center;
b. Maintain and
				  control the books and records of the Center;
c. Dispose of assets and incur liabilities on
				  behalf of the Center;
d. Adopt and
				  enforce policies regarding operation of the Center.
e. This definition is not applicable to
				  circumstances wherein the governing body of a Birth Center retains the
				  immediate authority and jurisdiction over the activities enumerated in
				  §§
												8.3(A)(3)(a) through
				  (d)   of this Part.
4. "Change in owner" means:
a. In the case of a Birth Center which is a
				  partnership, the removal, addition or substitution of a partner which results
				  in a new partner acquiring a controlling interest in such
				  partnership;
b. In the case of a
				  Birth Center which is an unincorporated sole proprietorship, the transfer of
				  the title and property to another person;
c. In the case of a Birth Center which is a
				  corporation;
(1) A sale, lease, exchange or
				  other disposition of all, or substantially all of the property and assets of
				  the corporation; or
(2) A merger of
				  the corporation into another corporation; or
(3) The consolidation of two or more
				  corporations, resulting in the creation of a new corporation; or
(4) In the case of a Birth Center which is a
				  business corporation, any transfer of corporate stock which results in a new
				  person acquiring a controlling interest in such corporation; or
(5) In the case of a Birth Center which is a
				  non-business corporation, any change in membership which results in a new
				  person acquiring a controlling vote in such corporation.
5. "Department" means the Rhode
				  Island Department of Health. The Department is also the "licensing agency"
				  designated pursuant to R.I. Gen. Laws Chapter 23-17.
6. "Director" means the Director of the Rhode
				  Island Department of Health.
7.
				  "Equity" means non-debt funds contributed towards the capital costs related to
				  an initial licensure or change in owner or change in operator of a Birth Center
				  which funds are free and clear of any repayment or liens against the assets of
				  the proposed owner and/or licensee and that result in a like reduction in the
				  portion of the capital cost that is required to be financed or
				  mortgaged.
8. "Licensed capacity"
				  means the number of birthing rooms a Center is licensed to operate.
9. "Low-risk" means expected normal,
				  uncomplicated prenatal course assisted by adequate prenatal care and prospects
				  for a normal uncomplicated birth based on continual screening for prenatal
				  high-risk factors (see §
											8.10   of this Part) which
				  preclude admission to the Center for childbirth.
10. "Midwife" means an individual licensed to
				  practice midwifery in Rhode Island pursuant to the provisions of R.I. Gen. Laws
				  §
											23-13-9 and the rules and regulations for Midwives (Subchapter 05 Part 23 of this
				  Chapter).
11. "Mother" or "women"
				  or "client", means a pregnant individual, or a mother-to-be, or a mother, as
				  the case may be.
12. "Obstetrical
				  physician" means an individual licensed pursuant to the provisions of R.I. Gen.
				  Laws Chapter 5-37 to practice medicine and with current admitting obstetrical
				  privileges in a licensed hospital nearby the admitting Center.
13. "Person" means any individual, trust or
				  estate, partnership, corporation (including associations, joint stock
				  companies), limited liability company, state, or political subdivision or
				  instrumentality of the state.
14.
				  "Practice of midwifery" means the authorization provided by rules and
				  regulations for Midwives (Subchapter 05 Part 23 of this Chapter), which allow a
				  licensed midwife to attend cases of normal childbirth, to provide prenatal,
				  intrapartum and post-partum care including immediate care of the newborn, in
				  continual collaboration with a physician (as defined therein) and in accordance
				  with acceptable standards of practice.