Bill Text: NY A00446 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 28-1)
Status: (Passed) 2016-11-04 - signed chap.397 [A00446 Detail]
Download: New_York-2015-A00446-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
446
2015-2016 Regular Sessions
I N A S S E M B L Y
(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 S 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 S 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 S 4. This act shall take effect immediately.
