1. (a) The birthing center shall provide the department with written notice at least 30 days prior to changes in any of the following:

   1. (1) Ownership;
   2. (2) Physical location;
   3. (3) Address;
   4. (4) Name;
   5. (5) Number of beds authorized under the current license; or
   6. (6) Services.

2. (b) The birthing center shall complete and submit a new application and obtain a new or revised license, as applicable, prior to operating, for:

   1. (1) A change in ownership;
   2. (2) A change in the physical location;
   3. (3) An increase in number of beds authorized under the current license; or
   4. (4) A change in services.
3. (c) When there is a change in address without a change in location, the birthing center shall provide the department with a copy of the notification from the local, state, or federal agency that requires the address change.
4. (d) When there is a change in the name, the birthing center shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.
5. (e) When there is to be a change in the services provided, prior to making any changes to the services provided or adding additional services, the birthing center shall provide the department with a description of the service change or additional services and, where applicable, identify what additional personnel will be hired and their qualifications, how the new services will be incorporated into the infection control and quality improvement programs, and describe what changes, if any, will be made to the physical environment.
6. (f) The department shall review the information submitted under (e) above and determine if the change in services or added services can be provided under the birthing center’s current license.

7. (g) An inspection by the department shall be conducted prior to operation for changes in the following:

   1. (1) Ownership, unless the current licensee is in full compliance, in which case an inspection will be conducted as soon as practical by the department;
   2. (2) The physical location;
   3. (3) A change in the number of beds or patients authorized under the current license;
   4. (4) A change in licensing classification; or
   5. (5) A change that places the facility under a different life safety code occupancy chapter.
8. (h) A new license shall be issued for a change in ownership, classification, or physical location.

9. (i) A revised license shall be issued for any of the following:

   1. (1) Change in name;
   2. (2) A change in administrator or medical director;
   3. (3) An increase or decrease in the number of beds;
   4. (4) A change in the scope of services provided;
   5. (5) A change in address without a change in physical location; or
   6. (6) When a waiver has been granted in accordance with He-P 810.11.

10. (j) The birthing center shall inform the department in writing no later than 5 days prior to a change in administrator or medical director or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator or medical director change and provide the department with the following:

    1. (1) A resume identifying the name and qualifications of the new administrator or medical director;
    2. (2) The results of a criminal records check for the new administrator or medical director conducted under He-P 810.20;
    3. (3) Copies of applicable licenses for the new administrator or medical director;
    4. (4) A copy of the non-conviction attestation as described in He-P 810.20; and
    5. (5) The result of a BEAS registry check from the bureau of elderly and adult services for the new administrator or medical director.
11. (k) Upon review of the materials submitted in accordance with (j) above, the department shall make a determination as to whether the new administrator or medical director meets the qualifications for the position, as specified in He-P 810.20(b) or (d).
12. (l) If the department determines that the new administrator or medical director does not meet the qualifications, it shall so notify the birthing center in writing so that a waiver can be sought or the program can search for a qualified candidate.
13. (m) The birthing center shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable and in no case later than 10 days of the change. The department shall use email as the primary method of contacting the facility in the event of an emergency.
14. (n) A restructuring of an established birthing center that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.
15. (o) If a licensee chooses to cease operation of a birthing center, the licensee shall submit written notification to the department at least 60 days in advance which shall include a written closure plan.

Source. #5635, eff 6-7-93; ss by #7006, INTERIM, eff 5-26-99, EXPIRED: 9-23-99 New. #8957, eff 7-27-07, EXPIRED: 7-27-15 New. #11039, INTERIM, eff 2-24-16, EXPIRES: 8-22-16; ss by #11161, eff 8-20-16; ss by #14074, eff 9-20-24, EXPIRES: 9-20-34 (formerly He-P 810.07)