A09398 Summary:

BILL NO    A09398 

SAME AS    SAME AS S07121

SPONSOR    Gottfried

COSPNSR    Jaffee, Ortiz, Paulin, Jacobs, Galef, Millman, Clark, Robinson, Ryan,
           Brook-Krasny, Peoples-Stokes, Steck, Hooper, Lifton

MLTSPNSR   Arroyo, Brennan, Camara, Cook, Lentol, Rivera, Skartados, Thiele,
           Wright

Amd SS2801 & 2803, Pub Health L

Relates to midwifery birth centers; includes term within the definition of a
hospital; directs the commissioner of health to make regulations relating to
establishment and operation of midwifery birth centers.
Go to top

A09398 Memo:

BILL NUMBER:A9398

TITLE OF BILL:  An act to amend the public health law, in relation to
midwifery birth centers

PURPOSE OR GENERAL IDEA OF BILL: To authorize midwife-led birth
centers

SUMMARY OF SPECIFIC PROVISIONS: The bill amends Article 28 of the
Public Health Law to authorize midwifery birth centers. The
Commissioner of Health will issue regulations relating to their
establishment, construction and operation, using state and national
professional association standards in consultation with industry and
midwives. Services would be by or under the supervision of a physician
or midwife, and all in accordance with Education Law practice rules.

JUSTIFICATION: Midwifery birth centers are accredited by the American
Association of Birth Centers, which provides quality-control standards
and guidelines. They offer high quality, individualized,
cost-effective care to promote optimum pregnancy outcomes. They
encourage family-centered maternity and neonatal care, and promote and
support breastfeeding. Birth centers operated by midwives consistently
have low cesarean-section rates, fewer labor inductions, and
successful parent bonding and breastfeeding without prolonged
separation.

Midwife-led birth centers promote wellness-based birth over expensive
technology and unnecessary interventions. They consistently earn high
patient satisfaction from women seeking a welcoming environment
without restrictions on the presence of supportive staff, friends, and
family members. A 2013 study reported in The Journal of Midwifery and
Women's Health detailing outcomes in midwifery birth centers across
the U.S. from 2007 and 2010 found no maternal deaths and estimated
that midwifery birth centers saved upwards of $30,000,000 for the
15,574 births included in the study.

This bill removes the existing barriers that restrict the
establishment of freestanding birth centers led by licensed midwives
and permits the Commissioner to determine which Article 28
certificate-of-need requirements are appropriate and reasonable for
the scope of services provided. All Education Law rules governing
midwifery practice will, of course, apply.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately
Go to top

A09398 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9398

                                 I N  A S S E M B L Y

                                    April 25, 2014
                                      ___________

       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health

       AN ACT to amend the public health law, in relation  to  midwifery  birth
         centers

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 1 of section 2801 of the public health law,  as
    2  separately  amended  by  chapters  297  and  416 of the laws of 1983, is
    3  amended to read as follows:
    4    1. "Hospital" means a facility or institution engaged  principally  in
    5  providing services by or under the supervision of a physician or, in the
    6  case  of  a dental clinic or dental dispensary, of a dentist, OR, IN THE
    7  CASE OF A MIDWIFERY BIRTH CENTER, OF  A  MIDWIFE,  for  the  prevention,
    8  diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
    9  physical condition, including, but not limited to, a  general  hospital,
   10  public  health center, diagnostic center, treatment center, dental clin-
   11  ic, dental dispensary, rehabilitation center other than a facility  used
   12  solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
   13  tal, chronic  disease  hospital,  maternity  hospital,  MIDWIFERY  BIRTH
   14  CENTER,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
   15  dispensary and a laboratory or central service facility serving  one  or
   16  more  such  institutions,  but  the  term  hospital shall not include an
   17  institution, sanitarium or other facility engaged principally in provid-
   18  ing services for the prevention, diagnosis or treatment of mental  disa-
   19  bility  and  which  is subject to the powers of visitation, examination,
   20  inspection and investigation of the department of mental hygiene  except
   21  for  those  distinct  parts  of  such  a facility which provide hospital
   22  service. The provisions of this article shall not apply to a facility or
   23  institution engaged principally in providing services by  or  under  the
   24  supervision of the bona fide members and adherents of a recognized reli-
   25  gious  organization  whose teachings include reliance on spiritual means
   26  through prayer alone for healing in the practice of the religion of such
   27  organization and where services are provided in  accordance  with  those
   28  teachings.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14664-01-4
       A. 9398                             2

    1    S  2. Section 2801 of the public health law is amended by adding a new
    2  subdivision 11 to read as follows:
    3    11.  "MIDWIFERY  BIRTH CENTER" MEANS A HOSPITAL ENGAGED PRINCIPALLY IN
    4  PROVIDING PRENATAL AND OBSTETRIC CARE, WHERE SUCH SERVICES ARE  PROVIDED
    5  PRINCIPALLY BY MIDWIVES.
    6    S  3. Section 2803 of the public health law is amended by adding a new
    7  subdivision 11 to read as follows:
    8    11. THE COMMISSIONER SHALL  MAKE  REGULATIONS  RELATING  TO  MIDWIFERY
    9  BIRTH  CENTERS,  INCLUDING  RELATING TO ESTABLISHMENT, CONSTRUCTION, AND
   10  OPERATION, CONSIDERING THE STANDARDS OF STATE AND NATIONAL  PROFESSIONAL
   11  ASSOCIATIONS  OF MIDWIFERY BIRTH CENTERS, IN CONSULTATION WITH REPRESEN-
   12  TATIVES OF MIDWIVES, MIDWIFERY  BIRTH  CENTERS,  AND  GENERAL  HOSPITALS
   13  PROVIDING OBSTETRIC SERVICES.
   14    S 4. This act shall take effect immediately.
Go to top
Page display time = 0.1818 sec