The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9398

                          I N  A S S E M B L Y

                             April 25, 2014
                               ___________

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  midwifery  birth
  centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 2801 of the public health law,  as
separately  amended  by  chapters  297  and  416 of the laws of 1983, is
amended to read as follows:
  1. "Hospital" means a facility or institution engaged  principally  in
providing services by or under the supervision of a physician or, in the
case  of  a dental clinic or dental dispensary, of a dentist, OR, IN THE
CASE OF A MIDWIFERY BIRTH CENTER, OF  A  MIDWIFE,  for  the  prevention,
diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
physical condition, including, but not limited to, a  general  hospital,
public  health center, diagnostic center, treatment center, dental clin-
ic, dental dispensary, rehabilitation center other than a facility  used
solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
tal, chronic  disease  hospital,  maternity  hospital,  MIDWIFERY  BIRTH
CENTER,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
dispensary and a laboratory or central service facility serving  one  or
more  such  institutions,  but  the  term  hospital shall not include an
institution, sanitarium or other facility engaged principally in provid-
ing services for the prevention, diagnosis or treatment of mental  disa-
bility  and  which  is subject to the powers of visitation, examination,
inspection and investigation of the department of mental hygiene  except
for  those  distinct  parts  of  such  a facility which provide hospital
service. The provisions of this article shall not apply to a facility or
institution engaged principally in providing services by  or  under  the
supervision of the bona fide members and adherents of a recognized reli-
gious  organization  whose teachings include reliance on spiritual means
through prayer alone for healing in the practice of the religion of such
organization and where services are provided in  accordance  with  those
teachings.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14664-01-4

A. 9398                             2

  S  2. Section 2801 of the public health law is amended by adding a new
subdivision 11 to read as follows:
  11.  "MIDWIFERY  BIRTH CENTER" MEANS A HOSPITAL ENGAGED PRINCIPALLY IN
PROVIDING PRENATAL AND OBSTETRIC CARE, WHERE SUCH SERVICES ARE  PROVIDED
PRINCIPALLY BY MIDWIVES.
  S  3. Section 2803 of the public health law is amended by adding a new
subdivision 11 to read as follows:
  11. THE COMMISSIONER SHALL  MAKE  REGULATIONS  RELATING  TO  MIDWIFERY
BIRTH  CENTERS,  INCLUDING  RELATING TO ESTABLISHMENT, CONSTRUCTION, AND
OPERATION, CONSIDERING THE STANDARDS OF STATE AND NATIONAL  PROFESSIONAL
ASSOCIATIONS  OF MIDWIFERY BIRTH CENTERS, IN CONSULTATION WITH REPRESEN-
TATIVES OF MIDWIVES, MIDWIFERY  BIRTH  CENTERS,  AND  GENERAL  HOSPITALS
PROVIDING OBSTETRIC SERVICES.
  S 4. This act shall take effect immediately.