NY State Senate Bill S1414A

Archive: Last Bill Status Via A259 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 31, 2021	approval memo.161 signed chap.821
Dec 20, 2021	delivered to governor
May 20, 2021	returned to assembly passed senate 3rd reading cal.658 substituted for s1414a
May 20, 2021	substituted by a259a
Apr 21, 2021	advanced to third reading
Apr 20, 2021	2nd report cal.
Apr 19, 2021	1st report cal.658
Jan 28, 2021	print number 1414a
Jan 28, 2021	amend and recommit to health
Jan 12, 2021	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1414 - Details

See Assembly Version of this Bill:: A259
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8307, A10440

S1414 - Summary

Provides that the commissioner of health shall approve the operating certificate of a midwifery birth center which is accredited by a recognized accrediting organization.

S1414 - Sponsor Memo

 
BILL NUMBER: S1414

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to accreditation,
approval, and operation of midwifery birth centers

 
PURPOSE:

To ensure that the regulations governing the licensing, establishment,
and operation of midwifery birth centers are not inconsistent with the
Midwifery Practice Act or the standards of national accrediting bodies
specializing in midwifery birth centers.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law section 2803 subdivision 11 to:

- define "accrediting organization" in relation to midwifery birth
centers; an accrediting organization must be approved by the Department

of Health (DOH),

- provide that a proposed midwifery birth center that shows the intent
and capability to obtain and maintain accreditation by an accrediting
body shall be deemed to meet the Department of Health's requirements,
for purposes of initial licensing, for any areas that are addressed in
in the accrediting organization's standards,

- and make clear that DOH regulations may not be inconsistent with the
Midwifery Practice Act (Article 140 of the Education Law) or with the
standards addressed by the accrediting organization.

Section 2 provides the effective date.

 
JUSTIFICATION:

In 2016, the legislature amended Public Health Law Article 28 to promote
midwifery birth centers. Almost four years later, there is not a single
midwifery birth center (MBC) licensed under Article 28.  After several
years of delay, the DOH produced regulations that, far from implementing
the law, make it virtually impossible for anyone to get a license for an
MBC. For decades, midwives have been authorized to create, control and
operate a freestanding practice and call it a "birth center," as long as
it operates as a midwife group practice, under a professional corpo-
ration or similar structure. However, organizing under Article 28 has
important advantages for obtaining financing and other operating
concerns. For the public, it makes the facility subject to DOH regu-
lations, inspection, control of ownership, etc.  For almost 30 years in
New York, midwives have been a full-fledged licensed profession, deliv-
ering babies in low-risk pregnancies and treating birth as a normal
healthy part of life, not as a medical event. The intent of the 2016 law
was that the implementing regulations should be consistent with midwif-
ery practice, developed in consultation with midwife professional stan-
dard-setting organizations. However, DOH, after years of stalling,
produced regulations that make it virtually impossible for a midwifery
birth center to be licensed.  This bill is largely modeled on the way
New York regulates office-based surgery practices. It would provide that
if a proposed MBC meets the standards of a national accrediting organ-
ization that specializes in accrediting MBCs and is recognized by DOH,
then the proposed MBC shall be deemed to meet New York's requirements
for issues covered by those standards. Any DOH regulations related to
the incorporation, establishment, and operation of an MBC must not be
inconsistent with the standards of the accrediting organization or the
Midwifery Practice Act (Article 140 of the Education Law). New York is
widely recognized to be in a maternity care crisis, and we need to
enable the professionals who specialize in providing safe and effective
maternity care to serve the mothers of New York.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S8307/A10440 Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1414 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1414
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  accreditation,
   approval, and operation of midwifery birth centers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 2803 of the public health law, as
 added by chapter 397 of the laws of 2016, is amended to read as follows:
   11. (A) 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.
   (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,  IT SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS ARTI-
 CLE FOR A MIDWIFERY BIRTH CENTER FOR APPROVAL OF A CERTIFICATE OF INCOR-
 PORATION, ARTICLES OF ORGANIZATION AND ESTABLISHMENT, AS TO  ANY  MATTER
 PROVIDED FOR IN THE ACCREDITING ORGANIZATION'S STANDARDS.
   (III) REGULATIONS AND REQUIREMENTS OF THE COMMISSIONER 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 ARTICLE, INCLUDING A DETERMINATION OF PUBLIC NEED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00581-01-1

 S. 1414                             2
 
 AND COMPLIANCE WITH OPERATIONAL AND PHYSICAL PLANT STANDARDS, SHALL  NOT
 BE  INCONSISTENT WITH ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW AND
 THE STANDARDS OF THE ACCREDITING ORGANIZATION FROM WHICH  THE  MIDWIFERY
 BIRTH CENTER PROPOSES TO SEEK, SEEKS OR HAS OBTAINED ACCREDITATION.
   § 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S1414A (ACTIVE) - Details

See Assembly Version of this Bill:: A259
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8307, A10440

S1414A (ACTIVE) - Summary

Provides that the commissioner of health shall approve the operating certificate of a midwifery birth center which is accredited by a recognized accrediting organization.

S1414A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1414A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to accreditation,
approval, and operation of midwifery birth centers

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that the regulations governing the licensing, establishment,
and operation of midwifery birth centers are not inconsistent with the
Midwifery Practice Act or the standards of national accrediting bodies
specializing in midwifery birth centers.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law section 2803 subdivision 11 to:
-define "accrediting organization" in relation to midwifery birth
centers; an accrediting organization must be approved by the Department
of Health (DOH),

-provide that a proposed midwifery birth center that shows the intent
and capability to obtain and maintain accreditation by an accrediting
body shall be deemed to meet the Department of Health's requirements for
initial licensing, contingent on obtaining and maintaining that accredi-
tation,
-and make clear that DOH regulations may not be inconsistent with the
Midwifery Practice Act (Article 140 of the Education Law) or with the
standards addressed by the accrediting organization.

Section 2 is the effective date: immediate.

 
JUSTIFICATION:

In 2016, the legislature amended Public Health Law Article 28 to promote
midwifery birth centers. Almost four years later, there is not a single
midwifery birth center (MBC) licensed under Article 28.  After several
years of delay, DOH produced regulations that, far from implementing the
law, make it virtually impossible for anyone to get a license for an
MBC.

For decades, midwives have been authorized to create, control and oper-
ate a freestanding practice and call it a "birth center," as long as it
operates as a midwife group practice, under a professional corporation
or similar structure. However, organizing under Article 28 has important
advantages for obtaining financing and other operating concerns. For the
public, it makes the facility subject to DOH regulations, inspection,
control of ownership, etc.

For almost 30 years in New York, midwives have been a full-fledged
licensed profession, delivering babies in low-risk pregnancies and
treating birth as a normal healthy part of life, not as a medical event.
The intent of the 2016 law was that the implementing regulations should
be consistent with midwifery practice, developed in consultation with
midwife professional standard-setting organizations. However, DOH, after
years of stalling, produced regulations that make it virtually impossi-
ble for a midwifery birth center to be licensed.


This bill is largely modeled on the way New York regulates office-based
surgery practices. It would provide that if a proposed MBC meets the
standards of a national accrediting organization that specializes in
accrediting MBCs and is recognized by DOH, then the proposed MBC shall
be deemed to meet New York's requirements. Any DOH regulations related
to the incorporation, establishment, and operation of an MBC must not be
inconsistent with the standards of the accrediting organization or the
Midwifery Practice Act (Article 140 of the Education Law).

New York is widely recognized to be in a maternity care crisis, and we
need to enable the professionals who specialize in providing safe and
effective maternity care to serve the mothers of New York.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S8307 referred to Health committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1414A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1414--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BAILEY, BIAGGI, HOYLMAN, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law,  in  relation  to  accreditation,
   approval, and operation of midwifery birth centers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 2803 of the public health law, as
 added by chapter 397 of the laws of 2016, is amended to read as follows:
   11. (A) 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.
   (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,  IT SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS ARTI-
 CLE FOR A MIDWIFERY BIRTH CENTER FOR APPROVAL OF A CERTIFICATE OF INCOR-
 PORATION, ARTICLES OF  ORGANIZATION  AND  ESTABLISHMENT,  CONTINGENT  ON
 OBTAINING AND MAINTAINING THAT ACCREDITATION.
   (III) REGULATIONS AND REQUIREMENTS OF THE COMMISSIONER FOR APPROVAL OF
 A CERTIFICATE OF INCORPORATION, ARTICLES OF ORGANIZATION, ESTABLISHMENT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00581-03-1

 S. 1414--A                          2
 
 AND  OPERATION  OF A MIDWIFERY BIRTH CENTER ESTABLISHED OR SEEKING TO BE
 ESTABLISHED UNDER THIS ARTICLE, INCLUDING A DETERMINATION OF PUBLIC NEED
 AND COMPLIANCE WITH OPERATIONAL AND PHYSICAL PLANT STANDARDS, SHALL  NOT
 BE  INCONSISTENT WITH ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW AND
 THE STANDARDS OF THE ACCREDITING ORGANIZATION FROM WHICH  THE  MIDWIFERY
 BIRTH CENTER PROPOSES TO SEEK, SEEKS OR HAS OBTAINED ACCREDITATION.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S1414A

Sponsored By

Archive: Last Bill Status Via A259 - Signed by Governor

Your Voice

Actions

Votes

May 20, 2021 - floor Vote

Floor Vote: May 20, 2021

Apr 20, 2021 - Health committee Vote

Health Committee Vote: Apr 20, 2021

Bill Amendments

Co-Sponsors

S1414 - Details

S1414 - Summary

S1414 - Sponsor Memo

S1414 - Bill Text download pdf

Co-Sponsors

S1414A (ACTIVE) - Details

S1414A (ACTIVE) - Summary

S1414A (ACTIVE) - Sponsor Memo

S1414A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1414A

Share this bill

Sponsored By

Archive: Last Bill Status Via A259 - Signed by Governor

Your Voice

Actions

Votes

May 20, 2021 - floor Vote

Floor Vote: May 20, 2021

Apr 20, 2021 - Health committee Vote

Health Committee Vote: Apr 20, 2021

Bill Amendments

Co-Sponsors

S1414 - Details

S1414 - Summary

S1414 - Sponsor Memo

S1414 - Bill Text download pdf

Co-Sponsors

S1414A (ACTIVE) - Details

S1414A (ACTIVE) - Summary

S1414A (ACTIVE) - Sponsor Memo

S1414A (ACTIVE) - Bill Text download pdf

Comments