The Project Gutenberg EBook of Rules and regulations governing maternity hospitals and homes ... September, 1922, by California. State Board of Charities and Corrections This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: Rules and regulations governing maternity hospitals and homes ... September, 1922 Author: California. State Board of Charities and Corrections Release Date: December 13, 2008 [EBook #27528] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK RULES REGS. MATERNITY HOSP. *** Produced by Bryan Ness, Irma Spehar and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.)
State Board of Charities and Corrections
995 Market Street, San Francisco
1018 Pacific Finance Building, Los Angeles
September, 1922
California State Printing Office
Sacramento, California
LAW GOVERNING LICENSE AND SUPERVISION[3] OF MATERNITY HOSPITALS AND HOMES BY THE CALIFORNIA STATE BOARD OF CHARITIES AND CORRECTIONS.
An act to provide for the licensing, inspecting and regulating of maternity hospitals or lying-in asylums, and institutions, boarding houses and homes for the reception and care of children, by the state board of charities and corrections, and providing a penalty for the violation of the provisions of this act.
[Approved April 23, 1913. In effect August 10, 1913.]
The people of the State of California do enact as follows:
Section 1. No person, association, or corporation shall hereafter maintain or conduct in this state any maternity hospital or lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or any institution, boarding house, home or other place conducted as a place for the reception and care of children, without first obtaining a license or permit therefor, in writing, from the state board of charities and corrections, such permit or license once issued to continue until revoked for cause after a hearing.
Sec. 2. The state board of charities and corrections is hereby authorized to issue licenses or permits to persons or associations to conduct maternity hospitals, lying-in asylums, or homes for children, as provided in section one of this act, and to prescribe the conditions upon which such licenses or permits shall be granted, and such rules and regulations as it may deem best for the government and regulation of maternity hospitals, lying-in asylums and institutions, boarding houses, or homes for the reception and care of children, and said board is further authorized, by one or more of its members, secretary, [4]or duly authorized representative, to inspect and report upon the conditions prevailing in all such institutions.
Sec. 3. Any person who maintains or conducts, or assists in maintaining or conducting as manager or officer any maternity hospital, lying in asylum, or any institution, boarding house, home or other place conducted as a place for the reception and care of children, or who keeps at any such place any child under the age of twelve years, not his relative, apprentice or ward, without first having obtained a license or permit therefor in writing, as provided in section one of this act, shall be punished upon conviction by imprisonment in the county jail for not more than one year, or by a fine not to exceed five hundred dollars, or both a fine and imprisonment may be imposed at the discretion [5]of the court.
RULES AND REGULATIONS FOR THE GOVERNMENT OF MATERNITY HOSPITALS AND HOMES.
In accordance with Chapter 69, Statutes 1913.
Definitions.
Any place into which women are received to be cared for before, during or after parturition shall be considered as a maternity hospital or home.
Institutions caring for maternity patients are classified as follows, according to equipment:
Class A. Separate class A building with complete equipment caring for maternity patients only.
Class B. Hospital with maternity department with fully equipped delivery room and nursery.
Class C. General hospital with either delivery room or nursery and general hospital using the operating room for delivery.
For rules and regulations for Class A, B and C maternity hospitals, see page 6.
Class D. Private homes.
For rules and regulations for Class D private maternity homes, see page 13.
[6]RULES AND REGULATIONS GOVERNING MATERNITY HOSPITALS.
(Classes A, B and C.)
Granting and revoking license.
1. All maternity hospitals and homes are required, in accordance with Section 3, Chapter 69, Statutes 1913, to secure the license of the State Board of Charities and Corrections, and to conform to the standards set by that board.
2. Application for license must be made on blanks furnished by the State Board of Charities and Corrections.
3. Every applicant must have the approval of the local board of health or health officer.
4. Every licensee shall post his license in a conspicuous place.
5. Any change of ownership, management, location or name shall be promptly reported to the State Board of Charities and Corrections. When any such change is contemplated an application for a new license shall be made. In such instance the new license may be granted on surrender of the license held.
6. No greater number of women and infants shall be cared for at one time on such premises than is authorized by the license and no women or infants shall be kept in a building or place not designated in the license.
Physical equipment.
1. All rooms and wards occupied by patients shall be outside rooms and the window space shall not be less than one-fifth of the floor space.
2. The rooms and wards shall be of sufficient size to allow not less than 800 cu. ft. of air space and 100 sq. ft. of floor space for each adult patient and 250 cu. ft. of air space for each infant therein. Ventilation shall conform with state housing laws.[7]
3. All plumbing, drainage and other arrangements for the disposal of excreta and household waste shall be in accordance with the rules and regulations of the State Board of Health and local health ordinances.
4. Toilets and hoppers shall be properly and adequately ventilated to the external air.
5. In order that the heating of all rooms shall be safe and adequate no gas stove shall be used which is not directly connected with an outside flue and all gas connections should be of metal piping.
6. Fire protection shall be according to the rules and regulations of the local fire commission or city ordinance and the rules and regulations of the State Board of Charities and Corrections. These standards will be furnished with the application.
7. Provision for isolation of contagious diseases shall be made.
8. There shall be sanitary equipment for thorough bathing of patients and infants.
9. An adequate supply of clean bedding, body linen and towels shall be kept on hand at all times.
Bed pan sterilizers are recommended for hospitals. A separate bed pan marked for use of individual patients is strongly advocated.
Delivery room.
1. A delivery room shall be provided; it must be ready at all times and used for no other purpose.
2. The floors, walls and ceiling shall be of such material as will permit of being easily washed. Provision must be made for sterilization of water, basins, instruments and dressings. There shall be running water with a properly trapped and vented basin.
3. The delivery room shall be furnished with a delivery table or bed, instrument table, irrigating apparatus, basins and pitchers. There shall be an ample supply of sterile linen and[8] dressings. Drugs ordinarily needed for use shall be kept in the room at all times.
4. Two infants’ tubs shall be provided for resuscitation in delivery room.
5. Every infant shall be marked for identification before it is taken from delivery room.
Nursery.
1. A separate room for a nursery shall be provided.
2. Infants’ cribs or baskets shall have firm, clean mattresses, covered with rubber sheeting and washable pads. Clean woolen blankets shall be used. There shall be a separate bed for each infant.
3. It is recommended that the nursery be provided with stationary bathing facilities, a properly protected dressing table and correct scales.
4. The nursery shall be heated and ventilated. A wall thermometer must be provided in order to be sure that an even temperature is maintained.
5. A covered container for soiled linen shall be provided.
6. A dressing tray shall be set up at all times. The following articles are recommended in dressing and caring for infants: Sterile gauze, absorbent cotton, medium and small safety pins, bottle of alcohol, a bar of pure mild soap, a proper lubricant (albolene or olive oil), boric acid solution, pure powder, abdominal binder for infant.
7. Bottles and nipples shall be properly sterilized after each use.
8. A minimum of one dozen diapers per child shall be provided for each 24 hours. Freshly laundered diapers only shall be used.
9. If hot water bags are ordered by physician, they must be covered with a flannel bag before being placed in the crib, and must not come in direct contact with the baby’s body.[9]
Care of patients.
1. Immediately upon the beginning of labor, a legally qualified physician shall be notified and shall be present and in attendance at the time of birth.
2. The eyes of all new born infants shall be treated immediately after birth with a one per cent solution of nitrate of silver, two drops in each eye, or with other approved solution and during the first few days cleansed daily with saturated boric acid solution. Ampoules of nitrate of silver solution may be obtained free of charge by charitable institutions upon application to State Board of Health, 713 Wells Fargo Building, San Francisco, or 821 Pacific Finance Building, Los Angeles.
3. Attention is called to Chapter 724, Statutes 1915, which requires the reporting of reddened or inflamed eyes of an infant, within two weeks after birth, to the local health officer of the county or municipality within which the mother of such infant resides.
4. If the child is kept in the hospital and is not breast fed by the mother, the feeding and selection of food, shall be under the direction of a registered physician. If a wet-nurse is provided, she shall meet the approval of the physician. Whenever advisable the mother shall be urged to nurse her child.
5. Each maternity hospital shall employ at least one graduate nurse.
6. Any patients afflicted with a venereal or other communicable disease shall be properly isolated in a separate room and all necessary precautions taken to prevent the spread of such disease to other persons.
Disposal of child.
1. Attention is called to section 224 of the Civil Code in accordance with which a child not retained by the mother must be legally relinquished before it can be adopted. This[10] relinquishment must be expressed in writing, signed and acknowledged before an officer authorized to take acknowledgments, or before the secretary of one of the organizations mentioned below. Before adoption can take place a copy of the relinquishment must be filed with the State Board of Charities and Corrections.
2. Attention is called to Chapter 569, Statutes 1911, providing for the supervision and control by the State Board of Charities and Corrections of the placing of dependent children into homes, which makes it a misdemeanor for any person, association or society to engage in the work of placing children into homes without a license from the State Board of Charities and Corrections. The following agencies have been licensed to place dependent children into homes and to arrange for adoption:
Berkeley Welfare Society, 2120 Grove street, Berkeley.
Children’s Home Society, 919 E. Twenty-fifth street, Los Angeles.
Children’s Home Society (Branch), 3491 Sixty-sixth street, Oakland.
Catholic Ladies’ Aid Society, City Hall, Oakland.
Oakland Associated Charities, City Hall, Oakland.
Little Children’s Aid, 995 Market street, San Francisco.
Children’s Agency of the Associated Charities, 1500 Jackson street, San Francisco.
Eureka Benevolent Society, 436 O’Farrell street, San Francisco.
Native Sons’ and Daughters’ Central Committee on Homeless Children, 955 Phelan Building San Francisco, 322 N. Van Ness avenue, Los Angeles.
3. Each licensee shall use due diligence to prevent the abandonment of children, which is, according to section 270-271 and 271a of the Penal Code, a penal offense.
4. A licensee shall not be permitted to advertise that he will procure the adoption of children[11] or to hold out inducements to mothers to part with their offspring.
5. Maternity hospitals shall report on the usual report forms to the State Board of Charities and Corrections within twenty-four hours the name and address of any person other than a parent or relative, by blood or marriage, or the name and address of the organization or institution into whose custody a child is given on discharge from the licensed premises.
Records.
1. Every licensee must have a register wherein he shall enter the name and address of every maternity patient, the date of admission and discharge of every patient, the name and sex of every child born or boarded on the premises, the date of every birth, the legitimacy or illegitimacy of every child, the name and residence of the father, the date of removal of the child, the name and address of the person taking it away, and, if relinquished by the mother, the date of relinquishment, the name and address of the person to whom the child is relinquished, and the reasons therefor; and if adopted, the date of adoption, the name of the person signing the consent to adoption, and the name and address of the person adopting the child. Every admission, discharge, birth, death, relinquishment or adoption must be recorded in the register within twenty-four hours after its occurrence.[1]
[1] The State Board of Charities and Corrections does not furnish the maternity hospital register, it merely prescribes the form. A book may be obtained from A. Carlisle and Co., 251 Bush street, Schwabacher, Frey and Company, 611 Market street, or H. S. Crocker, 565 Market street, San Francisco, and from Morris and Le Leviere, 218 New High street, Los Angeles. These forms are kept in duplicate, the perforated sheets to be removed and sent to the office of the State Board of Charities and Corrections, as the semi-annual report. The carbon copy remains permanently bound for the hospital record.
2. A semi-annual report, which shall be an exact transcript of this register, shall be made to the State Board of Charities and Corrections, 995 Market street, San Francisco, January 1 and July 1 of each year.
3. A detailed medical record of mothers’ and infants’ physical condition shall be maintained. (Sample forms provided by State Board of Charities and Corrections, upon request.)
4. It is recommended that all orders from physicians regarding mothers and infants be written in ink on charts or in order book.
5. It is recommended that attending physician examine mother and infant on day of discharge and attach signature to statement of findings.
6. All births and deaths must be reported promptly to the local authorities by the attending physician. (See Political Code, Section 3077, Chapter 378, Statutes 1915.)
Inspections.
The proprietor or person in charge of a maternity hospital shall give the inspectors of the State Board of Charities and Corrections all information required and shall afford them every facility for examining the records, inspecting the premises, and seeing the inmates, and inquire into all matters concerning such hospital or house and the inmates thereof.
[13]RULES AND REGULATIONS GOVERNING MATERNITY HOMES.
(Class D.)
No private maternity home shall receive at any one time more than three patients. No other type of patient shall be cared for in this home. Delivery shall take place in a room with washable walls, ceilings and doors.
Granting and revoking license.
1. All maternity homes are required, in accordance with Section 3, Chapter 69, Statutes 1913, to secure the license of the State Board of Charities and Corrections, and to conform to the standards set by the board.
2. Application for license must be made on blanks furnished by the State Board of Charities and Corrections.
3. Every applicant must have the approval of the local board of health or health officer.
4. Every licensee shall post his license in a conspicuous place.
5. Any change of ownership, management, location or name shall be promptly reported to the State Board of Charities and Corrections. When any such change is contemplated an application for a new license shall be made. In such instance the new license may be granted on surrender of the license held.
6. No greater number of women and infants shall be cared for at one time on such premises than is authorized by the license and no women or infants shall be kept in a building or place not designated in the license.[14]
Physical equipment.
1. All rooms occupied by patients shall be outside rooms and the window space shall not be less than one-fifth of the floor space.
2. The rooms shall be of sufficient size to allow not less than 800 cu. ft. of air space and 100 sq. ft. of floor space for each adult patient and 250 cu. ft. of air space for each infant therein. Ventilation shall conform with state housing laws.
3. All plumbing, drainage and other arrangements for the disposal of excreta and household waste shall be in accordance with the rules and regulations of the State Board of Health and local health ordinances.
4. Toilets and hoppers shall be properly and adequately ventilated to the external air.
5. In order that the heating of all rooms shall be safe and adequate no gas stove shall be used which is not directly connected with an outside flue and all gas connections should be of metal piping.
6. Fire protection shall be according to the rules and regulations of the local fire commission or city ordinance and the rules and regulations of the State Board of Charities and Corrections. These standards will be furnished with the application.
7. There shall be sanitary equipment for thorough bathing of patients and infants.
8. An adequate supply of clean bedding, body linen and towels shall be kept on hand at all times.
A separate bed pan marked for use of individual patients is strongly advocated.
The following equipment shall be provided:
For delivery.
1. Suitable table or hospital bed for delivery.
2. At least three pitchers.
3. Two basins.
4. Two tubs or large basins for resuscitation.
5. One pail for waste material.[15]
6. Ample supply of sterile dressings, towels, leggings, sheets.
7. Two nail brushes for doctor’s use only; should be boiled before and after using and kept in a weak solution of bichloride of mercury, or lysol, in a glass jar.
8. All linen should be marked and kept separate for patients.
9. Wooden blocks 4 and 6 inches high shall be provided for use in case of hemorrhage, where surgical bed is not in use.
10. At the time of delivery plenty of hot and cold sterile water (boiled for 20 minutes).
11. Facilities for sterilizing instruments shall be provided.
12. The following supplies are recommended to be kept on hand: Fl. extract of ergot, lysol, bichloride tablets (blue), sterile cord tape and blunt scissors, nitrate of silver (1%), or argyrol, two pieces of linen tape.
For Infant.
1. Separate cribs or baskets for babies—clean mattresses covered with rubber sheeting and clean flannel blankets are to be used.
2. Correct scales for weighing infants.
3. Nitrate of silver one per cent solution.
4. A tray or basket equipped with necessary articles to be used in dressing and caring for infants; to contain sterile gauze, absorbent cotton, medium and small safety pins, cotton applicators, bottle of alcohol, a bar of pure mild soap, a proper lubricant (albolene or olive oil), boric acid solution, pure powder, abdominal binder for infant.
5. If hot water bags are ordered by physician they must be covered with a flannel bag before being placed in the crib, and must not come in direct contact with the baby’s body.
6. All nursing bottles and nipples must be boiled at least once a day, and individual nipples must be provided for each child.[16]
For mother.
1. Clean piece of rubber sheeting for each patient’s bed.
2. Individual bed pans marked with name of patient.
3. Metal douche cans instead of rubber irrigating bags.
4. Glass rips and nozzles—to be boiled before and after using and kept in lysol solution.
5. Clinical thermometers; to be washed in alcohol before and after using.
Care of patients.
1. This board urges the attendance of a legally qualified physician at all confinements. The law permits midwifes to assist women only in cases of normal child birth. (See Statutes 1917, Sec. 8, page 96.) In any but a normal case the midwife must immediately call a legally qualified physician.
2. The eyes of all new born infants shall be treated immediately after birth with a one per cent solution of nitrate of silver, two drops in each eye, or with other approved solution and during the first few days cleansed daily with saturated boric acid solution. Ampoules of nitrate of silver solution may be obtained free of charge by charitable institutions upon application to State Board of Health, 713 Wells Fargo Building, San Francisco, or 821 Pacific Finance Building, Los Angeles.
3. Attention is called to Chapter 724, Statutes 1915, which requires the reporting of reddened or inflamed eyes of an infant, within two weeks after birth, to the local health officer of the county or municipality within which the mother of such infant resides.
4. If the child is kept in the home and is not breast fed by the mother, the feeding and selection of food, shall be under the direction of a registered physician. If a wet-nurse is provided, she shall meet the approval of the physician. Whenever advisable the mother shall be urged to nurse her child.[17]
5. Any patients afflicted with a venereal or other communicable disease shall be properly isolated in a separate room and all necessary precautions taken to prevent the spread of such disease to other persons.
Disposal of child.
1. Attention is called to section 224 of the Civil Code in accordance with which a child not retained by the mother must be legally relinquished before it can be adopted. This relinquishment must be expressed in writing, signed and acknowledged before an officer authorized to take acknowledgments, or before the secretary of one of the organizations mentioned below. Before adoption can take place a copy of the relinquishment must be filed with the State Board of Charities and Corrections.
2. Attention is called to Chapter 569, Statutes 1911, providing for the supervision and control of the State Board of Charities and Corrections of the placing of dependent children into homes, which makes it a misdemeanor for any person, association or society to engage in the work of placing children into homes without a license from the State Board of Charities and Corrections. The following agencies have been licensed to place dependent children into homes and to arrange for adoption:
Berkeley Welfare Society, 2120 Grove street, Berkeley.
Children’s Home Society, 919 E. Twenty-fifth street, Los Angeles.
Children’s Home Society (Branch), 3491 Sixty-sixth street, Oakland.
Catholic Ladies’ Aid Society, City Hall, Oakland.
Oakland Associated Charities, City Hall, Oakland.
Little Children’s Aid, 995 Market street, San Francisco.[18]
Children’s Agency of the Associated Charities, 1500 Jackson street, San Francisco.
Eureka Benevolent Society, 436 O’Farrell street, San Francisco.
Native Sons’ and Daughters’ Central Committee on Homeless Children, 955 Phelan Building, San Francisco, 322 N. Van Ness avenue, Los Angeles.
3. Each licensee shall use due diligence to prevent the abandonment of the children, which is, according to sections 270-271 and 271a of the Penal Code, a penal offense.
4. A licensee shall not be permitted to advertise that he will procure the adoption of children or to hold out inducements to mothers to part with their offspring.
5. Maternity hospitals and homes shall report on the usual report forms to the State Board of Charities and Corrections within twenty-four hours the name and address of any person other than a parent or relative by blood or marriage, or the name and address of the organization or institution into whose custody a child is given on discharge from the licensed premises.
Records.
1. Every licensee must have a register wherein he shall enter the name and address of every maternity patient, the date of admission and discharge of every patient, the name and sex of every child born or boarded on the premises, the date of every birth, the legitimacy or illegitimacy of every child, the name and residence of the father, the date of removal of the child, the name and address of the person taking it away, and, if relinquished by the mother, the date of relinquishment, the name and address of the person to whom the child is relinquished, and the reasons therefor; and if adopted, the date of adoption, the name of the person signing the consent of adoption, and the name and[19] address of the person adopting the child. Every admission, discharge, birth, death, relinquishment or adoption must be recorded in the register within twenty-four hours after its occurrence.[2]
[2] The State Board of Charities and Corrections does not furnish the maternity hospital register, it merely prescribes the form. A book may be obtained from A. Carlisle and Co., 251 Bush street, Schwabacher, Frey and Company, 611 Market street, or H. S. Crocker, 565 Market street, San Francisco, and from Morris and Le Leviere, 218 New High street, Los Angeles. These forms are kept in duplicate, the perforated sheets to be removed and sent to the office of the State Board of Charities and Corrections, as the semi-annual report. The carbon copy remains permanently bound for the hospital record.
2. A semi-annual report, which shall be an exact transcript of this register, shall be made to the State Board of Charities and Corrections, 995 Market street, San Francisco, January 1 and July 1 of each year.
3. A detailed medical record of mothers’ and infants’ physical condition shall be maintained. (Sample forms provided by State Board of Charities and Corrections, upon request.)
4. It is recommended that all orders from physicians regarding mothers and infants be written in ink on charts or in order book.
5. It is recommended that attending physician examine mother and infant on day of discharge and attach signature to statement of findings.
6. All births and deaths must be reported promptly to the local authorities by the attending physician. (See Political Code, Section 3077, Chapter 378, Statutes 1915.)
Inspection.
The proprietor or person in charge of the maternity home shall give the inspectors of the State Board of Charities and Corrections all information required and shall afford them every facility for examining the records, inspecting the premises, and seeing the inmates, and inquiring into all matters concerning such home or house and the inmates thereof.
End of the Project Gutenberg EBook of Rules and regulations governing
maternity hospitals and homes ... September, 1922, by California. State Board of Charities and Corrections
*** END OF THIS PROJECT GUTENBERG EBOOK RULES REGS. MATERNITY HOSP. ***
***** This file should be named 27528-h.htm or 27528-h.zip *****
This and all associated files of various formats will be found in:
https://www.gutenberg.org/2/7/5/2/27528/
Produced by Bryan Ness, Irma Spehar and the Online
Distributed Proofreading Team at https://www.pgdp.net (This
file was produced from images generously made available
by The Internet Archive/American Libraries.)
Updated editions will replace the previous one--the old editions
will be renamed.
Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. Redistribution is
subject to the trademark license, especially commercial
redistribution.
*** START: FULL LICENSE ***
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
https://gutenberg.org/license).
Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.
1.B. "Project Gutenberg" is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed. Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work. You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are in
a constant state of change. If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges. If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder. Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form. However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form. Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that
- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm trademark, but he
has agreed to donate royalties under this paragraph to the
Project Gutenberg Literary Archive Foundation. Royalty payments
must be paid within 60 days following each date on which you
prepare (or are legally required to prepare) your periodic tax
returns. Royalty payments should be clearly marked as such and
sent to the Project Gutenberg Literary Archive Foundation at the
address specified in Section 4, "Information about donations to
the Project Gutenberg Literary Archive Foundation."
- You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg-tm works.
- You provide, in accordance with paragraph 1.F.3, a full refund of any
money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days
of receipt of the work.
- You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark. Contact the
Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium with
your written explanation. The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund. If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund. If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers. It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need, is critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at https://www.pglaf.org.
Section 3. Information about the Project Gutenberg Literary Archive
Foundation
The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation's EIN or federal tax identification
number is 64-6221541. Its 501(c)(3) letter is posted at
https://pglaf.org/fundraising. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.
The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org. Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at https://pglaf.org
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To
SEND DONATIONS or determine the status of compliance for any
particular state visit https://pglaf.org
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg Web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including including checks, online payments and credit card
donations. To donate, please visit: https://pglaf.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart was the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included. Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.
Most people start at our Web site which has the main PG search facility:
https://www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.