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:

  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

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

                                                           LBD02738-01-5

A. 446                              2

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.
  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.