1. (1) Governing Authority.

   1. (a) Responsibility. The governing authority is the person or persons responsible for the management, maintenance, control, and operation of the birthing center, including the provision of personnel, facilities, equipment, supplies, and services to mothers and families, as well as appointment of persons to fill the minimum staffing requirements. The governing authority shall ensure that the birthing center is organized, equipped, staffed, and administered in a manner to provide adequate care for each patient.

   2. (b) The governing body shall be formally organized in accordance with a written constitution, bylaws, rules, or regulations. In the event the governing authority consists of one person, this requirement shall still be met. The written constitution, bylaws, rules, or regulations of the birthing center shall:

      1. 1. Specify by name the person to whom responsibility for operation and maintenance of the birthing center is delegated and methods established by the governing authority for holding such individuals responsible.
      2. 2. Provide for at least annual meetings of the governing authority. Minutes shall be maintained of such meetings.
      3. 3. Require policies and procedures consistent with professionally recognized standards of practice to include provisions for administration and use of the birthing center, compliance, personnel, medical records, patient rights, emergency care/transfers, emergency preparedness, policy reviews, quality assurance, infection control, procurement of outside services and consultations, patient care policies, and services offered.
      4. 4. Provide for annual reviews and evaluations of the birthing center's policies and services offered.

   3. (c) Contracted Services. The governing authority shall be responsible for services furnished in the birthing center, whether or not they are furnished under contracts. The governing authority shall ensure that a contractor of services furnishes services that permit the birthing center to maintain compliance with the requirements of these rules.

      1. 1. The governing authority shall ensure that the services performed under a contract are provided in a safe and effective manner.
      2. 2. The birthing center shall maintain a list of all contracted services, including the scope and nature of the services provided.
   4. (d) The governing authority shall provide for the selection and appointment of the medical or nurse midwifery and nursing staff and the granting of clinical privileges and shall be responsible for the professional conduct of these persons.

2. (2) Administrator.

   1. (a) Responsibility. The governing authority shall appoint a qualified person as administrator of the birthing center to represent the governing authority and shall define the administrator's authority and duties in writing. The administrator shall be responsible for the management of the birthing center, implementation of the policies of the governing authority, and shall be authorized and empowered to carry out the provisions of these rules. Appropriate procedures to enforce these policies, assure proper patient care and safety, and meet requirements of these rules shall be developed in writing by an appropriate committee of professionals and shall be reviewed at least annually.
   2. (b) The governing authority of the birthing center shall notify the Department in writing of any change in the birthing center's administrator within 30 days of the effective date of such change.
3. (3) Personnel Records. The birthing center shall maintain a personnel record of each employee. At a minimum, the personnel record shall include a copy of the application for employment that contains information regarding education, certification, experience, and if applicable, registration and/or licensure information of the applicant, a current job description, all physical examinations, and evidence of continuing education or in service training and education. Personnel records shall be confidential. Representatives of the Department conducting an inspection of the facility shall have the right to inspect personnel records.

Author: Dana Billingsley, Denise Milledge

Statutory Authority: Code of Ala. 1975, §22-2-2(6), et seq.; §22-21-20, et seq.

History: Filed November 19, 1987. Repealed: Filed April 16, 2010; effective May 21, 2010. New Rule: Published August 31, 2023; effective October 15, 2023.