A.__The department shall issue a full license to an applicant who complies with all applicable laws and rules.__ The term of a full license is 2 years.

B.__The department may issue a conditional license when the applicant fails to comply with all applicable laws and rules and in the judgment of the department the best interest of the public would be served by issuing a conditional license.__ The conditional license must specify when and what corrections must be made during the term of the conditional license.__A conditional license must be issued for a specific period, not to exceed one year.

C.__The department shall monitor all licensees for continued compliance with applicable laws and rules on at least an annual basis.__The department may inspect and investigate the freestanding birth center through site visits, examination of records and review of all policies and procedures.__Information received by the department for monitoring purposes may not be disclosed publicly in any manner that identifies individuals or birth centers except in a proceeding involving the question of licensure.

D.__A license is issued only for the premises and persons named on the application and is not assignable or transferable.__A license must be posted in a conspicuous place on the licensed premises along with the facility policy regarding nondiscrimination on the basis of race, color, sex, physical or mental handicap, religion, ancestry or national origin.

4.__Failure to comply with applicable laws and rules.__The department may suspend or revoke a license issued under this chapter for violation of applicable laws and rules.__When the department believes that a license should be suspended or revoked, the department shall file a complaint with the District Court in accordance with Title 4, section 184 or commence administrative action pursuant to the Maine Administrative Procedure Act.

5.__Appeals.__Any applicant or licensee aggrieved by the department's decision to refuse to issue or renew a full or conditional license may request an administrative hearing as provided by the Maine Administrative Procedure Act.

6.__Fees.__Each application for a license under this chapter must be accompanied by the fee established by department rule.__

The fee is not refundable.__All fees received by the department under this chapter must be paid into the State Treasury to the credit of the department for the purpose of reducing the costs of carrying out this chapter.

7.__Compliance.__Any freestanding birth center that provides services for which a license is required without obtaining a license commits a civil violation__for which a forfeiture of $100 per violation may be adjudged.__Each day constitutes a separate violation.

§1958.__Licensing Standards

1.__Standards for licensing of freestanding birth center.__The department shall adopt rules establishing standards for freestanding birth centers no later than January 1, 2003.

2.__Areas to be addressed.__Freestanding birth center licensing standards must address the following areas:

A.__General policies, procedures and evaluation process;

B.__Administration and organizational structure;

C.__Staff qualifications;

D.__Facility structure and equipment;

E.__Authorized services;

F.__Emergency and referral procedures; and

G.__National accreditation.

3.__Rules.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 2. Effective date. This Act takes effect January 1, 2002.

SUMMARY

This bill requires that all freestanding birth centers be licensed by the Department of Human Services. The bill also sets forth the types of licenses and the process and standards for licensure.