Section 216-RICR-40-10-8.3 - DefinitionsA. 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.216 R.I. Code R. § 216-RICR-40-10-8.3
Amended effective 11/25/2018