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S05007 Summary:

BILL NO    S05007A

SAME AS    SAME AS A08117-B

SPONSOR    DUANE

COSPNSR    ADAMS, HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER,
           PERALTA, PERKINS, SCHNEIDERMAN, SQUADRON, VALESKY

MLTSPNSR   

Amd S6951, Ed L; amd SS3216, 3221 & 4303, Ins L

Relates to the definition of the practice of midwifery.
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S05007 Text:

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

                                        5007--A
           Cal. No. 900

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by  Sens.  DUANE, ADAMS, HASSELL-THOMPSON, HUNTLEY, KRUEGER,
         MONTGOMERY, OPPENHEIMER, PERALTA, SCHNEIDERMAN, SQUADRON,  VALESKY  --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Higher Education -- recommitted to the  Committee  on
         Higher  Education in accordance with Senate Rule 6, sec. 8 -- reported
         favorably from said committee, ordered to  first  and  second  report,
         ordered  to  a third reading, amended and ordered reprinted, retaining
         its place in the order of third reading

       AN ACT to amend the education law and the insurance law, in relation  to
         the definition of the practice of midwifery

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

    1    Section 1. Subdivisions 1 and 2 of section 6951 of the education  law,
    2  subdivision 1 as amended by chapter 328 of the laws of 1992 and subdivi-
    3  sion  2 as added by chapter 327 of the laws of 1992, are amended to read
    4  as follows:
    5    1. The practice of the profession  of  midwifery  is  defined  as  the
    6  management  of  normal  pregnancies,  child birth and postpartum care as
    7  well as primary preventive reproductive health care of essentially heal-
    8  thy women [as specified in the written practice  agreement],  and  shall
    9  include  newborn  evaluation,  resuscitation  and  referral for infants.
   10  [Midwifery shall be practiced in accordance  with  a  written  agreement
   11  between  the midwife and (i) a licensed physician who is board certified
   12  as an obstetrician-gynecologist by a national certifying body or (ii)  a
   13  licensed physician who practices obstetrics and has obstetric privileges
   14  at a general hospital (licensed under article twenty-eight of the public
   15  health  law) or (iii) a hospital (licensed under article twenty-eight of
   16  the public health law)  that  provides  obstetrics  through  a  licensed
   17  physician  having obstetrical privileges at such institution.  The writ-
   18  ten agreement shall provide for physician  consultation,  collaboration,
   19  referral  and  emergency medical obstetrical coverage, and shall include

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11636-06-0
       S. 5007--A                          2

    1  written guidelines and protocols. The written  agreement  shall  provide
    2  guidelines for the identification of pregnancies that are not considered
    3  normal  and address the procedures to be followed. The written agreement
    4  shall  also provide a mechanism for dispute resolution and shall provide
    5  that the judgment of the  appropriate  physician  shall  prevail  as  to
    6  whether  the  pregnancy,  childbirth  or  postpartum  care is normal and
    7  whether the woman is essentially  healthy  in  the  event  the  practice
    8  protocols  do not provide otherwise.] A MIDWIFE SHALL HAVE COLLABORATIVE
    9  RELATIONSHIPS WITH (I) A LICENSED PHYSICIAN WHO IS BOARD CERTIFIED AS AN
   10  OBSTETRICIAN-GYNECOLOGIST BY  A  NATIONAL  CERTIFYING  BODY  OR  (II)  A
   11  LICENSED PHYSICIAN WHO PRACTICES OBSTETRICS AND HAS OBSTETRIC PRIVILEGES
   12  AT  A GENERAL HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC
   13  HEALTH LAW OR (III) A HOSPITAL, LICENSED UNDER ARTICLE  TWENTY-EIGHT  OF
   14  THE  PUBLIC  HEALTH  LAW,  THAT  PROVIDES  OBSTETRICS THROUGH A LICENSED
   15  PHYSICIAN  HAVING  OBSTETRICAL  PRIVILEGES  AT  SUCH  INSTITUTION,  THAT
   16  PROVIDE  FOR  CONSULTATION,  COLLABORATIVE  MANAGEMENT  AND  REFERRAL TO
   17  ADDRESS THE HEALTH STATUS AND RISKS OF HIS  OR  HER  PATIENTS  AND  THAT
   18  INCLUDE  PLANS  FOR  EMERGENCY  MEDICAL GYNECOLOGICAL AND/OR OBSTETRICAL
   19  COVERAGE. A MIDWIFE SHALL MAINTAIN DOCUMENTATION OF  SUCH  COLLABORATIVE
   20  RELATIONSHIPS  AND  SHALL  MAKE  INFORMATION  ABOUT  SUCH  COLLABORATIVE
   21  RELATIONSHIPS AVAILABLE TO HIS OR HER PATIENTS. FAILURE TO  COMPLY  WITH
   22  THE  REQUIREMENTS  FOUND IN THIS SUBDIVISION SHALL BE SUBJECT TO PROFES-
   23  SIONAL MISCONDUCT PROVISIONS AS SET FORTH IN ARTICLE ONE HUNDRED  THIRTY
   24  OF THIS TITLE.
   25    2.  A  licensed  midwife  shall  have the authority, as necessary, and
   26  limited to the practice of midwifery, [and subject to limitations in the
   27  written  agreement,]  to  prescribe  and  administer  drugs,  immunizing
   28  agents,  diagnostic tests and devices, and to order laboratory tests, as
   29  established by the board in accordance  with  the  commissioner's  regu-
   30  lations.  A  midwife shall obtain a certificate from the department upon
   31  successfully completing a program including a pharmacology component, or
   32  its equivalent, as established by the commissioner's  regulations  prior
   33  to prescribing under this section.
   34    S 2. Item (i) of subparagraph (A) of paragraph 10 of subsection (i) of
   35  section 3216 of the insurance law, as amended by chapter 495 of the laws
   36  of 1998, is amended to read as follows:
   37    (i) Every policy which provides hospital, surgical or medical coverage
   38  shall  provide coverage for maternity care, including hospital, surgical
   39  or medical care to the same extent that hospital,  surgical  or  medical
   40  coverage  is  provided  for  illness  or disease under the policy.  Such
   41  maternity care coverage,  other  than  coverage  for  perinatal  compli-
   42  cations,  shall  include  inpatient hospital coverage for mother and for
   43  newborn for at least forty-eight hours after childbirth for any delivery
   44  other than a caesarean section, and for at least ninety-six hours  after
   45  a  caesarean section. Such coverage for maternity care shall include the
   46  services of a midwife licensed pursuant to article one hundred forty  of
   47  the  education  law,  practicing  consistent  with  [a written agreement
   48  pursuant to ]section sixty-nine hundred fifty-one of the  education  law
   49  and  affiliated  or  practicing  in conjunction with a facility licensed
   50  pursuant to article twenty-eight of the public health law, but no insur-
   51  er shall be required to pay for duplicative  routine  services  actually
   52  provided by both a licensed midwife and a physician.
   53    S  3. Item (i) of subparagraph (A) of paragraph 5 of subsection (k) of
   54  section 3221 of the insurance law, as amended by chapter 495 of the laws
   55  of 1998, is amended to read as follows:
       S. 5007--A                          3

    1    (i) Every group or blanket policy delivered or issued for delivery  in
    2  this  state  which provides hospital, surgical or medical coverage shall
    3  include coverage for maternity care,  including  hospital,  surgical  or
    4  medical care to the same extent that coverage is provided for illness or
    5  disease  under  the  policy.  Such  maternity  care coverage, other than
    6  coverage for perinatal complications, shall include  inpatient  hospital
    7  coverage  for  mother  and  newborn for at least forty-eight hours after
    8  childbirth for any delivery other than a caesarean section, and  for  at
    9  least  ninety-six  hours  after  a  caesarean section. Such coverage for
   10  maternity care shall include the services of a midwife licensed pursuant
   11  to article one hundred forty of the education law, practicing consistent
   12  with [a  written  agreement  pursuant  to  ]section  sixty-nine  hundred
   13  fifty-one  of the education law and affiliated or practicing in conjunc-
   14  tion with a facility licensed pursuant to article  twenty-eight  of  the
   15  public  health law, but no insurer shall be required to pay for duplica-
   16  tive routine services actually provided by both a licensed midwife and a
   17  physician.
   18    S 4. Subparagraph (A) of paragraph 1 of subsection (c) of section 4303
   19  of the insurance law, as amended by chapter 495 of the laws of 1998,  is
   20  amended to read as follows:
   21    (A)  Every  contract issued by a corporation subject to the provisions
   22  of this article which provides hospital service, medical expense  indem-
   23  nity  or both shall provide coverage for maternity care including hospi-
   24  tal, surgical or medical care to the same extent that hospital  service,
   25  medical  expense  indemnity  or both are provided for illness or disease
   26  under the contract. Such maternity care coverage,  other  than  coverage
   27  for  perinatal  complications, shall include inpatient hospital coverage
   28  for mother and for newborn for at least forty-eight hours  after  child-
   29  birth  for any delivery other than a caesarean section, and for at least
   30  ninety-six hours following a caesarean section. Such coverage for mater-
   31  nity care shall include the services of a midwife licensed  pursuant  to
   32  article  one  hundred  forty of the education law, practicing consistent
   33  with [a  written  agreement  pursuant  to]  section  sixty-nine  hundred
   34  fifty-one  of the education law and affiliated or practicing in conjunc-
   35  tion with a facility licensed pursuant to article  twenty-eight  of  the
   36  public  health law, but no insurer shall be required to pay for duplica-
   37  tive routine services actually provided by both a licensed midwife and a
   38  physician.
   39    S 5. This act shall take effect on the ninetieth day  after  it  shall
   40  have become a law.
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