Authority: IC 16-21-1-7; IC 16-21-2-2.5

Affected: IC 16-21-1; IC 25-23-1-19.4

Sec. 2. (a) The medical staff of the center consists of physicians and certified nurse midwives:

1. (1) employed by;
2. (2) appointed to; or
3. (3) contracted with by;

the center to provide medical services at the center. The medical staff must be composed of at least one (1) physician.

(b) The staffing physician must:

1. (1) be a physician licensed to practice in the state of Indiana; and
2. (2) provide oversight of certified nurse midwives under IC 25-23-1-19.4.

(c) If the medical staff consists of more than one (1) physician:

1. (1) the staffing physician:

   1. (A) shall serve as coordinator of the medical staff; and
   2. (B) conduct meetings of the medical staff at least every six (6) months;
2. (2) minutes of meetings of the medical staff and committees thereof shall be maintained; and
3. (3) a current roster of members of the medical staff shall be maintained.

(d) In appointing or contracting with medical staff, the governing body shall ensure the following:

1. (1) That appointments to or contracts with medical staff are acted upon with the advice and recommendation of the staffing physician.
2. (2) That reappointments to and contracts with medical staff are reviewed and acted upon at least biennially.

3. (3) That criteria for selection for medical staff include the following:

   1. (A) Individual character.
   2. (B) Competence.
   3. (C) Education.
   4. (D) Training.
   5. (E) Experience.
   6. (F) Judgment.

4. (4) That the appointment of or contracting with medical staff is not solely dependent upon:

   1. (A) certification;
   2. (B) fellowship; or
   3. (C) membership;
5. in a specialty body or society.

(e) The governing body is responsible for the conduct of the medical staff activities related to the birthing center. The governing body shall ensure the following:

1. (1) That the medical staff is accountable and responsible to the governing body for the quality of care provided to patients.
2. (2) That services are performed only by qualified staff approved by the governing body to perform such services.
3. (3) That services performed in the center are limited to services authorized by the governing body.

(f) The governing body is responsible for assuring that quality patient care is provided. In accordance with center policy, the governing body shall ensure that a qualified licensed physician who is a member of the medical staff is responsible for the care and treatment of each patient.

(g) The governing body is responsible for services delivered in the center by contractors for medical services. The governing body shall ensure the following:

1. (1) That a contractor of any service furnishes those services in such a manner as to permit the center to comply with all applicable statutes and rules.

2. (2) That the services performed under a contract are:

   1. (A) provided in a safe and effective manner; and
   2. (B) included in the center's quality assessment and improvement program.
3. (3) That the center maintains a list of all contracted services, including the scope and nature of the services provided.

(Indiana Department of Health; 410 IAC 27-4-2; filed Feb 3, 2006, 2:00 p.m.: 29 IR 1910; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFA; readopted filed Sep 26, 2018, 2:48 p.m.: 20181024-IR-410180328RFA; readopted filed Nov 14, 2024, 1:24 p.m.: 20241211-IR-410230798RFA)