A00446 Summary:

COSPNSRJaffee, Ortiz, Paulin, Galef, Robinson, Ryan, Peoples-Stokes, Steck, Hooper, Lifton, Bronson, McDonald, Linares, Harris, Lavine, Fahy
MLTSPNSRArroyo, Brennan, Cook, Lentol, Lupinacci, Perry, Rivera, Skartados, Solages, Thiele, Weinstein, 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.
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A00446 Actions:

01/07/2015referred to health
02/05/2015advanced to third reading cal.6
03/11/2015passed assembly
03/11/2015delivered to senate
01/06/2016DIED IN SENATE
01/06/2016ordered to third reading cal.35
05/11/2016passed assembly
05/11/2016delivered to senate
06/14/2016SUBSTITUTED FOR S4325
06/14/20163RD READING CAL.671
10/26/2016delivered to governor
11/04/2016signed chap.397
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A00446 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried (MS)
  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 asso- ciation standards in consultation with industry and midwives. Services would be 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 Commis- sion for the Accreditation of Birth Centers, which provides quality-con- trol standards and guidelines. They offer high quality, individualized, cost-effective care to promote optimum pregnancy outcomes. They encour- age family-centered maternity and neonatal care, and promote and support breastfeeding. Such freestanding birth centers operated by midwives consistently have low cesarean-section rates, fewer labor inductions, and successful parent bonding and breastfeeding without prolonged sepa- ration. 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 require- ments are appropriate and reasonable for the scope of services provided. All Education Law rules governing midwifery practice will, of course, apply.   PRIOR LEGISLATIVE HISTORY: 2013-2014: A.9398 passed Assembly   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A00446 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 7, 2015
        Introduced  by  M. of A. GOTTFRIED, JAFFEE, ORTIZ, PAULIN, GALEF, CLARK,
          Multi-Sponsored by -- M.  of A. ARROYO, BRENNAN, CAMARA, COOK, LENTOL,
          RIVERA, SKARTADOS, THIELE, WRIGHT -- read once  and  referred  to  the
          Committee on Health
        AN  ACT  to  amend the public health law, in relation to midwifery birth
          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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 446                              2
     1  service. The provisions of this article shall not apply to a facility or
     2  institution  engaged  principally  in providing services by or under the
     3  supervision of the bona fide members and adherents of a recognized reli-
     4  gious  organization  whose teachings include reliance on spiritual means
     5  through prayer alone for healing in the practice of the religion of such
     6  organization and where services are provided in  accordance  with  those
     7  teachings.
     8    §  2. Section 2801 of the public health law is amended by adding a new
     9  subdivision 11 to read as follows:
    10    11. "Midwifery birth center" means a hospital engaged  principally  in
    11  providing  prenatal and obstetric care, where such services are provided
    12  principally by midwives.
    13    § 3. Section 2803 of the public health law is amended by adding a  new
    14  subdivision 11 to read as follows:
    15    11.  The  commissioner  shall  make  regulations relating to midwifery
    16  birth centers, including relating to  establishment,  construction,  and
    17  operation,  considering the standards of state and national professional
    18  associations of midwifery birth centers, in consultation with  represen-
    19  tatives  of  midwives,  midwifery  birth  centers, and general hospitals
    20  providing obstetric services.
    21    § 4. This act shall take effect immediately.
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