105 CMR 130.650
Level III Maternal and Newborn Service or a Freestanding Pediatric Hospital with Neonatal
Subspecialty Services
(A) Level III Service. The Level III maternal and newborn service has the capabilities to
provide care for stable to severely ill newborns, well newborns, premature infants, and infants
who require neonatal intensive care services. The maternal service has the capability to manage
complex maternal conditions with the expertise of a Critical Care Obstetrics Team.
(B) A service shall be eligible for designation as a Level III service with a neonatal intensive
care nursery if one of the following conditions is met:
(1) the service has a minimum of 2,000 births per year in any one of the past three years;
or
(2) the service has satisfactorily demonstrated to the Department that a minimum volume
of 2,000 births per year will be reached in the next three years; or
(3) the service has satisfactorily demonstrated that the percent of low birth weight infants
(< 2,500 grams) delivered is no less than 10% of the annual births.
(C) The Level III service shall meet the requirements of a Level I, IIA, and IIB service, and
those requirements contained in 105 CMR 130.601 through 130.628 and, in addition, the
requirements set forth in 105 CMR 130.650(D) and (E).
(D) Maternal Service.
(1) Administration and Staffing.
(a) A physician certified by the American Board of Obstetrics and Gynecology with a
subspecialty(special competency) in maternal-fetal medicine shall be designated medical
director of the maternal service. This obstetrician shall collaborate with the neonatologist
responsible for the neonatal intensive care unit in the medical management of the
maternal and newborn service.
(b) An obstetrician with full privileges shall be available in-house 24 hours a day.
(c) At a minimum, a second obstetrician or obstetrician in training who has completed
the second year of post-graduate residency shall be immediately available to the unit, in-
house, 24 hours a day.
(d) The hospital shall designate a registered nurse who has responsibility and
accountability for the 24 hour a day nursing management of the Level III Maternal
Service. At a minimum, such nurse shall be master’s-prepared and have additional
education in the maternal specialty area. She or he shall also have at least five years of
clinical experience, two of which are in the specialty area, and, in addition, meet the
qualifications for the position as defined by hospital policy.
(e) Qualified registered nurses shall be on duty to care for maternal patients 24 hours
a day. The team of nurses shall demonstrate competencies in critical care as required by
hospital policies and be Advanced Cardiac Life Support certified or have equivalent
training and experience.
(f) A dietician registered by the Commission on Dietetic Registration with expertise in
both normal and high risk maternal and newborn nutritional needs and with access to
neonatal nutritional resources shall be available seven days a week.
(2)
Services. The Level III Maternal Service shall provide the following:
(a) Anesthesia, in-house, 24 hours a day.
(b) Radiology and imaging, in-house, 24 hours a day.
(c) Clinical laboratory services including on-unit capabilities for microchemical fetal
blood sample monitoring 24 hours a day.
(d) Access within the facility or through referral to another Level III facility to
intrauterine transfusions and surgery.
(e) Adult subspecialty services including general surgery, thoracic surgery, neuro
surgery, cardiology, urology, internal medicine, hematology, neurology, genetics and
psychiatry.
(f) Intensive care unit services and invasive cardio-vascular monitoring.
(3) Policies and Procedures. In addition to the policies and procedures required pursuant
to 105 CMR 130.601 through 130.628, a Level III service shall develop policies and
procedures for the following:
(a) Admission and transfer criteria.
(b) Maternal/fetal research.
(c) Other policies and procedures as deemed appropriate by the hospital perinatal
committee.
Such policies and procedures shall be submitted to the Department upon request.
(E) Neonatal Intensive Care Unit. The Neonatal Intensive Care Unit shall meet the
requirements of a Level I, IIA, IIB, and III service, as well as those requirements contained in
105 CMR 130.601 through 130.628 and 130.650(D) and (E).
(1) Administration and Staffing.
(a) A board-certified neonatologist shall be designated the medical director of the
Neonatal Intensive Care Unit. The medical director or his or her designee shall be
available on-call 24 hours a day.
(b) A neonatologist shall be available in-house 24 hours a day.
(c) At a minimum, a pediatrician or a pediatrician-in-training who has completed the
second year of post-graduate residency shall be present in-house and immediately
available to the unit, 24 hours a day.
(d) A nurse designated by the hospital shall be responsible for the 24 hours a day
nursing management of the neonatal intensive care service. At a minimum, this nurse
shall be masters-prepared and have experience and advanced education in caring for sick
newborns. She or he shall have at least five years of clinical experience, two of which
are in the specialty area, and, in addition, meet the qualifications for the position as
defined by hospital policy.
(e) Qualified registered nurses shall be on duty to care for newborns 24 hours a day.
The team of nurses shall demonstrate competencies in critical care as defined by hospital
policy and be Neonatal Resuscitation Program (NRP) certified.
(f) A freestanding pediatric hospital with a neonatology subspecialty shall meet the
requirements for a nurse educator stipulated in 105 CMR 130.640(D)(1)(a).
(g) A masters-prepared licensed social worker with experience in assessment of
perinatal patients (mother/infant dyad), education, discharge planning, community
follow-up programs, referrals and home care arrangements shall be available as needed
to meet patient needs.
(h) A respiratory therapist trained in the neonatology specialty area shall be available
to the unit 24 hours a day.
(i) A lactation consultant shall be available seven days a week. Lactation consultants
shall have training and experience in providing care and services to infants with special
needs and their families.
(2) Services. The Neonatal Intensive Care Unit shall be located within either a hospital with
Level III Maternal and Newborn Service or a Freestanding Pediatric Hospital with Neonatal
Subspecialty Services.
The Level III Neonatal Intensive Care Unit shall provide the following:
(a) Access to emergency transport team for transferring sick newborns from the birth
hospital to the neonatal intensive care unit.
(b) Ventilatory assistance and/or complex respiratory management including high-
frequency ventilation.
(c) Capability of continuous intravenous administration of vasopressor agents.
(d) Insertion and maintenance of all types of venous and arterial lines.
(e) Nitric oxide therapy.
(f) Exchange transfusions.
(g) Cardio-respiratory monitoring including oxygen saturation monitoring.
(h) Complex nutritional and metabolic management including total parenteral nutrition.
(i) Full range of emergency pediatric radiology and subspecialty services available 24
hours a day.
(j) Full range of laboratory services including microchemistry and full service blood
bank available 24 hours a day.
(k) Access to emergency surgical interventions in the newborn (or written agreements
with other institutions providing subspecialty surgical procedures) available 24 hours a
day.
(l) Post-surgical care.
(m) Access to pediatric subspecialty consultation and services including surgery,
neurology, cardiology, gastroenterology, infectious disease, hematology and genetics
available 24 hours a day.
(n) Availability of developmental consultation, including occupational and physical
therapies.
(o) Continuous involvement of parents in infant’s care and opportunity for mothers to
room-in for pre-discharge education in caring for the infant.
(p) Crisis-oriented support and ongoing psychosocial services including social work
service and the availability of psychiatric consultation for the parents. (Provision for
parent support group is recommended.)
(q) Transport capabilities to return patients to a hospital with a Level I or II service.
(r) Ethics committee for ongoing review of complex patient care issues with focus on
parental involvement in decision making.
(s) Professional education program, including educational offerings to collaborating
community hospitals.
(t) Parent education appropriate to meet the needs of the infant and family.
(3) Policies and Procedures. The neonatal intensive care unit shall have written policies and
procedures for the following:
(a) Orientation and ongoing education for registered nurses in the theoretical framework
and skills required to practice in the NICU.
(b) Emergency transport of infants from collaborating hospitals. These policies shall
require the presence of a physician, physician assistant with neonatology training or
neonatology specialty-trained nurse on the transport team and access to telephone
consultation with a neonatologist.
(c) Newborn pain and substance exposure management.
(d) Each hospital with a Level III maternal and newborn service shall develop and
maintain quality improvement initiatives including participation in the Vermont Oxford
Network’s Very Low Birth Weight Database, and shall make Vermont Oxford Network
data reports available to the Department upon request.
(e) Other policies and procedures as determined by the hospital perinatal committee or
the multidisciplinary neonatal intensive care committee.
(4) Records. In addition to meeting the requirements for records contained in 105 CMR
130.627(B), the newborn’s record shall also contain documentation of the following:
(a) Diagnostic and treatment modalities.
(b) Family-infant interactions.
(c) Psychosocial evaluation.
(d) Staff-parent communication and parental response to the infant’s condition.
(e) Parent education and involvement in both normal and specialized care-giving.
(f) The process used to make decisions where ethical questions are raised, including
parental involvement in the process.
(g) Application of research protocols in the care of the infant.
(h) Where need identified, a plan for and patient response to positive infant stimulation
program.
(i) Written discharge plans with referrals to community agencies such as parent support
groups, visiting nurse associations and early intervention programs.
(5) Environment and Equipment. The Neonatal Intensive Care Unit shall contain at a
minimum the following equipment and be responsible for appropriate maintenance per
hospital policy:
(a) Sleeping space shall be provided for parents who spend extended periods of time
with the infant.
(b) A consultation/demonstration room for private discussions shall be located
convenient to the neonatal intensive care unit.
(c) Availability of breastfeeding pump room.
(d) Percutaneous oxygen monitor.
(e) Arterial and venous catheterization equipment.
(f) Ventilators with heated humidity and alarm systems
(g) Transducers for invasive cardiac monitoring.
(h) Transport isolette(s).
(i) Separate nutrition support area.