HOUSE DOCKET, NO. 3966        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3616

The Commonwealth of Massachusetts

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PRESENTED BY:

Manny Cruz and Chynah Tyler

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act updating the regulations governing licensed birth centers in Massachusetts.

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PETITION OF:

HOUSE DOCKET, NO. 3966        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3616

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act updating the regulations governing licensed birth centers in Massachusetts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 51 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the word “Gynecologists,” in line 106, the following words:- , American College of Nurse Midwives, American Association of Birth Centers. 

SECTION 2. (a) The department of public health shall promulgate revised regulations under the Code of Massachusetts Regulations 105 CMR 140.000 and 142.000 governing the facility and operation of licensed birth centers in consultation with Seven Sisters Birth Center, Neighborhood Birth Center, American College of Nurse Midwives Massachusetts Affiliate, and other entities operating or planning to open birth centers in Massachusetts to bring the regulations in accordance with chapter 111 of the General Laws and the standards of the American Association of Birth Centers or any successor organization, and to ensure safe, equitable and accessible birth options for birth center clients.

(b) The regulations shall include, but not be limited to, the following provisions:

(i) a licensed free-standing birth center shall have a detailed and written plan on the premises for transfer of a client to a nearby hospital providing obstetrical and newborn services as needed for emergency treatment beyond that provided by the birth center;

(ii) a licensed free-standing birth center shall develop policies and procedures to ensure coordination of ongoing care and transfer when complications occur which render the patient ineligible for birth center care during the antepartum, intrapartum or postpartum period;

(iii) the department shall not require a licensed free-standing birth center or the directors and providers on staff to practice under the supervision of a hospital or another health care provider or to enter into an agreement, written or otherwise, with another hospital or health care provider, or maintain privileges at a hospital;

(iv) a licensed free-standing birth center shall have an administrative director responsible for implementing and overseeing the operational policies of the birth center;

(v) a licensed free-standing birth center shall have a director of clinical affairs on staff who shall be a nurse midwife or physician licensed and in good standing in Massachusetts whose professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the newborn and who may be the primary attendants during the perinatal period in accordance with chapter 112 of the General Laws; and

(vi) birth attendants at licensed free-standing birth centers shall be midwives, physicians, or other providers licensed and in good standing in Massachusetts whose professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the newborn and who may be the primary attendants in accordance with chapter 112 of the General Laws.

SECTION 3. The department shall issue the revised regulations under section 2 of this act no later than 180 days after the effective date of this act.