S T A T E O F N E W Y O R K
________________________________________________________________________
8835
I N A S S E M B L Y
January 13, 2022
___________
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 the operation of
midwifery birth centers; and to amend a chapter of the laws of 2021
amending the public health law relating to accreditation, approval,
and operation of midwifery birth centers as proposed in legislative
bills numbers S. 1414-A and A.259-A, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 11 of section 2803 of the
public health law, as amended by a chapter of the laws of 2021 amending
the public health law relating to accreditation, approval, and operation
of midwifery birth centers as proposed in legislative bills numbers S.
1414-A and A. 259-A, is amended to read as follows:
(b) (i) As used in this subdivision, "accrediting organization" means
a national accrediting organization that provides accreditation to
midwifery birth centers, recognized by the commissioner in consultation
with representatives of midwives, midwifery birth centers, and general
hospitals providing obstetric services. The commissioner shall not
unreasonably withhold recognition of an organization seeking to be
recognized under this paragraph.
(ii) Where a proposed midwifery birth center demonstrates the intent
and capability to obtain and maintain accreditation by an accrediting
organization, AND FULLY COMPLETES AND FILES AN APPLICATION WITH THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL ON FORMS PROVIDED BY THE
DEPARTMENT, it shall be deemed UPON APPROVAL OF THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL to meet the requirements of this article for a
midwifery birth center for approval of a certificate of incorporation,
articles of organization and establishment, contingent on obtaining and
maintaining that accreditation. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE TO THE CONTRARY, SUCH APPLICATION TO THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL SHALL INCLUDE INFORMATION TO: (A) SATISFY THE
CHARACTER AND COMPETENCE CRITERIA FOUND IN SUBDIVISION THREE OF SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00581-04-2
A. 8835 2
TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE; (B) DEMONSTRATE THAT THE
LEGAL STRUCTURE OF THE PROPOSED OPERATOR OF THE MIDWIFERY BIRTH CENTER
COMPLIES WITH THE REQUIREMENTS FOR ESTABLISHMENT OF HOSPITALS UNDER
SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE; (C) EVIDENCE THE
CAPABILITY TO FUND ANY ACQUISITION, RENOVATIONS, AND CONSTRUCTION COSTS;
AND (D) DEMONSTRATE THAT THE PREMISES AND EQUIPMENT COMPLY WITH REQUIRED
LIFE SAFETY AND BUILDING STANDARDS NECESSARY TO PROTECT THE LIFE, SAFETY
AND WELFARE OF PATIENTS AND STAFF. UPON RECEIPT OF A COMPLETED APPLICA-
TION, THE DEPARTMENT SHALL SCHEDULE SUCH APPLICATION FOR CONSIDERATION
AT THE NEXT AVAILABLE AND APPROPRIATE COMMITTEE MEETING BY THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL. IF THE DEPARTMENT RECEIVES AN INCOM-
PLETE APPLICATION, THE DEPARTMENT SHALL COMMUNICATE WITH THE APPLICANT
UNTIL SUCH TIME AS THE APPLICATION IS COMPLETED AND FILED WITH THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL FOR ITS APPROVAL OR DISAP-
PROVAL, OR THE APPLICANT WITHDRAWS THE APPLICATION.
(iii) Regulations and requirements of the commissioner UNDER PARAGRAPH
(A) OF THIS SUBDIVISION for approval of a certificate of incorporation,
articles of organization, establishment, and operation of a midwifery
birth center established or seeking to be established under this arti-
cle, including a determination of public need and compliance with opera-
tional and physical plant standards, shall not be inconsistent with: (A)
article one hundred forty of the education law [and]; (B) the standards
of the accrediting organization from which the midwifery birth center
proposes to seek, seeks or has obtained accreditation; (C) LIFE SAFETY
CODE OR OTHER BUILDING STANDARDS THE COMMISSIONER DEEMS NECESSARY TO
PROTECT THE LIFE, SAFETY AND WELFARE OF PATIENTS AND STAFF; AND (D)
SUBPARAGRAPH (II) OF THIS PARAGRAPH. REGULATIONS, REQUIREMENTS AND
GUIDANCE UNDER THIS SUBPARAGRAPH SHALL BE MADE BY THE COMMISSIONER AFTER
CONSULTATION WITH REPRESENTATIVES OF MIDWIVES, MIDWIFERY BIRTH CENTERS,
AND GENERAL HOSPITALS PROVIDING OBSTETRIC SERVICES. TO THE EXTENT ANY OF
THE STANDARDS IN THIS SUBPARAGRAPH CONFLICT, THE COMMISSIONER SHALL
ACCOMMODATE OR MODIFY THE APPLICATION OF ANY STANDARD TO HARMONIZE AND
MAXIMIZE THE INTENT OF THE STANDARDS.
§ 2. Section 2 of a chapter of the laws of 2021 amending the public
health law relating to accreditation, approval, and operation of midwif-
ery birth centers as proposed in legislative bills numbers S. 1414-A and
A. 259-A, is amended to read as follows:
§ 2. This act shall take effect [immediately] ON THE ONE HUNDRED
EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW. EFFECTIVE IMMEDIATELY,
THE COMMISSIONER OF HEALTH AND THE PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL SHALL MAKE REGULATIONS AND TAKE OTHER ACTIONS REASONABLY NECES-
SARY TO IMPLEMENT THIS ACT ON THAT DATE.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2021, relating to accreditation,
approval, and operation of midwifery birth centers, as proposed in
legislative bills numbers S. 1414-A and A. 259-A, takes effect.