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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A446
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
STATE OF NEW YORK
________________________________________________________________________
446
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. GOTTFRIED, JAFFEE, ORTIZ, PAULIN, GALEF, CLARK,
ROBINSON, RYAN, BROOK-KRASNY, PEOPLES-STOKES, STECK, HOOPER, LIFTON --
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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02738-01-5
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.