(a) Application for license.

1. (1) Application for a license or renewal of a license for a freestanding birthing center shall be made to the Department of Health on forms provided by the Division of Health Facilities Services.

2. (2) The application shall set forth:

   1. (A) The complete name and address of the freestanding birthing center for which the license is sought; and
   2. (B) Any additional information as required by the department.

(b)

1. (1) The freestanding birthing center shall have a written agreement with a local hospital that has twenty-four-hour obstetric services.
2. (2) The freestanding birthing center shall be within thirty (30) minutes of the hospital.

3. (3) If the hospital ceases to provide obstetric services, the freestanding birthing center shall obtain a written agreement with another hospital that:

   1. (A) Provides obstetric services; and
   2. (B) Is within thirty (30) minutes of the freestanding birthing center.

4. (4) If another written agreement cannot be obtained, the freestanding birthing center must:

   1. (A) Cease providing services;
   2. (B) Notify the division; and
   3. (C) Surrender the license to the division.
5. (5) The freestanding birthing center may reapply for licensure once a new written agreement is obtained.

(c) Fee.

1. (1) In accordance with Acts 1997, No. 891, § 5, each application for initial licensure of a freestanding birthing center shall be accompanied by a fee of one thousand dollars ($1,000).
2. (2) The fee shall be payable to the department.

(d) Renewal of license.

1. (1) A license, unless revoked, shall be renewable annually upon payment of a fee of one thousand dollars ($1,000) to the department accompanied by an application for relicensure.
2. (2) The application for annual license renewal along with the fee shall be postmarked no later than January 2 of the year for which the license is issued.

(e) Issuance of license.

1. (1) A license shall be:

   1. (A) Issued only for the premises and person or persons reflected in the application; and
   2. (B) Posted in a conspicuous place in the freestanding birthing center.

2. (2) The license shall:

   1. (A) Be effective on a calendar-year basis; and
   2. (B) Expire on December 31 of each calendar year.

3. (3) The license shall:

   1. (A) Not be transferrable; and
   2. (B) Expire if a change of ownership occurs.

(f) Change of ownership.

1. (1) It shall be the responsibility of the freestanding birthing center to notify the division in writing at least thirty (30) days prior to the effective date of a change of ownership.

2. (2) The following information shall be submitted for review and approval:

   1. (A) License application;
   2. (B) One-thousand-dollar change-of-ownership fee; and
   3. (C) Legal documents, ownership agreements, and other information to support relicensure requirements.

(g) Management contract.

1. (1) It shall be the responsibility of the freestanding birthing center to notify the division in writing at least thirty (30) days prior to entering into a management contract or agreement with an organization or firm.
2. (2) A copy of the contract or agreement shall be submitted for review to ensure the arrangement does not affect the license status.

(h) Closure.

1. (1)

   1. (A) Once a freestanding birthing center closes, it shall no longer be considered licensed.
   2. (B) The license issued to the freestanding birthing center shall be returned to the division.

2. (2) To be eligible for relicensure, the freestanding birthing center shall meet:

   1. (A) Requirements for new construction; and
   2. (B) All the current life, safety, and health regulations.