A09398 Summary:

COSPNSRJaffee, Ortiz, Paulin, Jacobs, Galef, Millman, Clark, Robinson, Ryan, Brook-Krasny, Peoples-Stokes, Steck, Hooper, Lifton
MLTSPNSRArroyo, 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.
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A09398 Actions:

04/25/2014referred to health
05/15/2014advanced to third reading cal.725
06/17/2014passed assembly
06/17/2014delivered to senate
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A09398 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried
  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 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-cen- tered maternity and neonatal care, and promote and support breastfeed- ing. 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 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: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A09398 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     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
          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.

        A. 9398                             2
     1    §  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    §  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    § 4. This act shall take effect immediately.
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