Bill Text: NY S07121 | 2013-2014 | 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: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S07121 Detail]

Download: New_York-2013-S07121-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7121
                                   I N  S E N A T E
                                    April 29, 2014
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed 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
   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.
                                                                  LBD14664-01-4
       S. 7121                             2
    1    S  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    S  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    S 4. This act shall take effect immediately.
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