Ohio Code 2151.3532 – Rules governing newborn safety incubators
Not later than one hundred eighty days after the effective date of this section, the director of the department of health shall adopt rules in accordance with Chapter 119 of the Revised Code governing newborn safety incubators provided by entities described in section 2151.3517 of the Revised Code. The rules shall provide for all of the following:
Terms Used In Ohio Code 2151.3532
- Child: means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated an unruly child shall be deemed a "child" until the person attains twenty-one years of age. See Ohio Code 2151.011
- Organization: means any institution, public, semipublic, or private, and any private association, society, or agency located or operating in the state, incorporated or unincorporated, having among its functions the furnishing of protective services or care for children, or the placement of children in certified foster homes or elsewhere. See Ohio Code 2151.011
- Person: means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies. See Ohio Code 2151.011
(A) Sanitation standards;
(B) Procedures to provide emergency care for a child delivered to an incubator;
(C) Manufacturing and manufacturer standards;
(D) Design and function requirements that include the following:
(1) Take into account installation at a law enforcement agency, a hospital, or an emergency medical service organization;
(2) Allow a child to be placed anonymously from outside the facility;
(3) Lock the incubator after a child is placed in it so that a person outside the facility is unable to access the child;
(4) Provide a controlled environment for the care and protection of the child;
(5) Provide notification to a centralized location in the facility within thirty seconds of a child being placed in the incubator;
(6) Trigger a 9-1-1 call if a facility does not respond within a reasonable amount of time after a child is placed in the facility’s incubator.
(E) Operating policies, supervision, and maintenance requirements for an incubator, including requirements that only a peace officer, emergency medical service worker, or hospital employee supervise the incubator and take custody of a child placed in it;
(F) Qualifications for persons to install incubators;
(G) Procedures and forms for the registration of qualified incubator installers;
(H) Costs for registering and regulating incubators and fees to cover those costs;
(I) Creating and posting signs to be placed near or on incubators to provide information about using them;
(J) Enforcement of and remedies for violations for failure to comply with the requirements governing incubators;
(K) Any other requirement the department considers necessary to ensure the safety and welfare of a child placed in an incubator.
Last updated October 31, 2022 at 8:53 AM