1. (1) The environment in which client care described in OAR 333-077-0100 is furnished must afford a functional, clean, sanitary, safe, and comfortable setting for clients, staff, and the public.

   1. (a) The building and equipment must be kept clean and in good repair.
   2. (b) Provisions shall be made for the proper cleaning of linen and other washable goods and proper disposal of all refuse.
   3. (c) All garbage and refuse shall be stored and disposed of in a manner that will not create a nuisance, public hazard, or infection risk.
   4. (d) Measures shall be taken to prevent the entry of rodents, flies, and other insects. Adequate measures include but are not limited to preventing their entry through doors, windows, or other outside opening.

2. (2) A birthing center shall develop and maintain an emergency preparedness plan for the protection of all individuals in the event of an emergency, in accordance with this rule and the regulations specified in Oregon Fire Code (OAR chapter 837, division 40). The emergency preparedness plan must:

   1. (a) Be based on a risk assessment that seeks to identify all potential hazards, assess vulnerabilities, and analyze potential impacts;
   2. (b) Include strategies for addressing emergency events identified by the risk assessment;
   3. (c) Address client or newborn population including, but not limited to, the type of services the birthing center has the ability to provide in an emergency and continuity of operations; and
   4. (d) Include the contact information for local emergency management. Each facility shall have documentation that the local emergency management office has been contacted and that the facility has a list of local hazards identified in the county hazard vulnerability analysis.

3. (3) A birthing center shall develop an emergency preparedness policy pursuant to OAR 333-077-0090 which must be based on the emergency preparedness plan specified in section (2) of this rule. The emergency preparedness policy shall be reviewed and updated at least annually and include, but not be limited to, the following:

   1. (a) A system to track the location of on-duty staff and sheltered clients or newborns in the care of the birthing center during and after an emergency. If on-duty staff and clients or newborns are relocated during the emergency, the birthing center must document the specific name and location of the receiving facility or other location;
   2. (b) Safe evacuation from the birthing center which includes staff responsibilities and needs of the clients or newborns;
   3. (c) A means to shelter in place for clients, newborns, staff, and volunteers who remain in the birthing center, including the availability of sufficient supplies for a minimum of two days;
   4. (d) A system of documentation that preserves client and newborn information, protects confidentiality of client and newborn information, and secures and maintains the availability of records;
   5. (e) Arrangements with other health care facilities or providers to receive clients or newborns in the event of limitations or cessation of operations; and
   6. (f) Continued access to medical supplies and equipment.

4. (4) A birthing center must develop and maintain an emergency preparedness communication plan which includes, but is not limited to, the following:

   1. (a) Names and contact information for staff, volunteers, entities providing services under arrangement, and client clinicians;
   2. (b) Contact information for federal, state, and local emergency preparedness staff and other sources of assistance;
   3. (c) Primary and alternate means of communication with staff and federal, state, or local emergency management agencies;
   4. (d) A method for sharing information and medical documentation for clients or newborns under the birthing center's care, as necessary, with other health care facilities or providers to maintain continuity of care; and
   5. (e) A means to release Health Insurance Portability and Accountability Act (HIPAA) compliant, client or newborn information in the event of an evacuation.

5. (5) A birthing center shall maintain an emergency preparedness orientation and training program based on the emergency preparedness policy and plans. The training and orientation program must be evaluated and updated at least annually and include, but not limited to, the following:

   1. (a) Provide initial training in emergency preparedness policies and procedures to all new and existing staff, individuals providing services under arrangement, and volunteers consistent with their roles;
   2. (b) Provide emergency preparedness training annually;
   3. (c) Demonstrate staff knowledge of emergency procedures including informing clients on what to do, where to go, and whom to contact in the event of an emergency.
6. (6) The birthing center shall conduct at least two drills every year that document and demonstrate that clinical staff, contractors, and volunteers have practiced specific duties and assignments, as outlined in the emergency preparedness plan.

Statutory/Other Authority

ORS 441.025

Statutes/Other Implemented

ORS 441.025

History

PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025