HLS 12RS-624 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 789
BY REPRESENTATIVE NANCY LANDRY
HEALTH/MIDWIVES: Provides for the licensure of birth centers
AN ACT1
To enact Part XII of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 40:2198.1 through 2198.5, relative to the licensure of birth3
centers; to require the Department of Health and Hospitals to establish licensure4
requirements for birth centers; to provide for the application and renewal process for5
the licensure of birth centers; to provide for definitions; to authorize the department6
to issue a temporary permit to certain birth centers; to provide for rights of the7
mother; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part XII of Chapter 11 of Title 40 of the Louisiana Revised Statutes of10
1950, comprised of R.S. 40:2198.1 through 2198.5, is hereby enacted to read as follows: 11
PART XII. LICENSING OF BIRTH CENTERS12
§2198.1. Short title13
This Part shall be known and may be cited as the "Birth Center Licensing14
Act". 15
§2198.2. Licensure of birth centers; definitions16
A. The Department of Health and Hospitals shall license free standing birth17
centers under the standards established by the department or based on the standards18
and accreditation of the Commission for the Accreditation of Birth Centers.19
B. As used in this Part, the following definitions shall apply:20
(1) "Birth centers" means a facility licensed for the primary purpose of21
providing prenatal and post partal care and performing low-risk deliveries that is not22 HLS 12RS-624 ORIGINAL
HB NO. 789
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a hospital or licensed as a part of a hospital and where births are planned to occur1
away from the mother's usual residence following low-risk pregnancy.2
(2) "Commission" means the Commission for the Accreditation of Birth3
Centers.4
(3) "Department" means the Louisiana Department of Health and Hospitals.5
C. After January 1, 2013, no birth center shall be established, operated, or6
maintained in Louisiana without a license issued by the department.7
§2198.3. Application and renewal of birth center licenses8
A. Application for licensure and renewals shall be made by a birth center to9
the department on forms developed by the department and include a fee not to10
exceed five hundred dollars.11
B. The department shall have the authority to license birth centers accredited12
by the commission. When the basis for licensing is accreditation by the commission,13
the applicant shall submit satisfactory evidence of such accreditation to the14
department.15
C. A license issued in accordance with this Part shall be for a period of two16
years.17
D. Upon the loss of accreditation, a licensed birth center shall immediately18
notify the department of the loss, and the department may use this fact as the basis19
of revoking or suspending the birth center's license.20
E. The department shall have the right to inspect the facilities, equipment,21
supplies, and records of any birth center holding or applying for a license pursuant22
to this Part.23
F. Upon request, a birth center shall submit to the department any material24
submitted to the commission as part of the accreditation process, including but not25
limited to the accreditation application, self evaluation reports, accreditation decision26
letter from the commission, and any reports from the commission following a site27
visit.28 HLS 12RS-624 ORIGINAL
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§2198.4. Temporary permit1
For a new birth center planning to begin operation, the department may issue2
a temporary permit pursuant to rules and regulations promulgated by the department.3
§2198.5. Rights of the mother4
Nothing in the law or rules and regulations of the department shall infringe5
upon the right of the mother to choose the location for the birth of her child or the6
persons who are authorized to be in attendance.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Nancy Landry HB No. 789
Abstract: Establishes the Birth Center Licensing Act.
Proposed law (R.S. 40:2198.1) provides that proposed law will be known and may be cited
as the "Birth Center Licensing Act".
Proposed law (R.S. 40:2198.2(A)) requires the Dept. of Health and Hospitals (DHH) to
license free standing birth centers under the standards established by the department or based
on the standards and accreditation of the Commission for the Accreditation of Birth Centers.
Proposed law (R.S. 40:2198.2(B)) defines "birth centers" as meaning a facility licensed for
the primary purpose of providing prenatal and post partal care and performing low-risk
deliveries that is not a hospital or licensed as a part of a hospital and where births are
planned to occur away from the mother's usual residence following low-risk pregnancy.
Also, defines the "department" as meaning the La. Dept. of Health and Hospitals. Finally,
defines the "commission" as meaning the commission for the Accreditation of Birth Centers.
Proposed law (R.S. 40:2198.2(C)) prohibits the establishment, operation, or maintenance of
birth centers in La. without a license issued by DHH after Jan. 1, 2013; however, authorizes
DHH to license birth centers accredited by the commission.
Proposed law (R.S. 40:2198.3(A)) requires an application for birth center licensure and
renewals to be made by the birth center to DHH on forms established by DHH and include
a fee not to exceed $500.
Proposed law (R.S. 40:2198.3(B)) authorizes DHH to license birth centers accredited by the
commission. Specifies that when the basis for licensing is accreditation by the commission,
the applicant must submit satisfactory evidence of such accreditation to DHH.
Proposed law (R.S. 40:2198.3(C)) provides that a license issued in accordance with proposed
law is for a period of two years.
Proposed law (R.S. 40:2198.3(D)) provides that when a licensed birth center losses
accreditation, the birth center must immediately notify DHH of the loss and DHH may use
it as the basis of revoking or suspending the birth center's license. HLS 12RS-624 ORIGINAL
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Proposed law (R.S. 40:2198.3(E)) provides that DHH has the right to inspect the facilities,
equipment, supplies, and records of any birth center holding or applying for a license
pursuant to proposed law.
Proposed law (R.S. 40:2198.3(F)) requires a birth center, upon request, to submit to DHH
any material submitted to the commission as part of the accreditation process, including but
not limited to the accreditation application, self evaluation reports, accreditation decision
letter from the commission, and any reports from the commission following a site visit.
Proposed law (R.S. 40:2198.4) authorizes the issuance of a temporary permit for birth
centers planning to begin operation pursuant to rules and regulations promulgated by DHH.
Proposed law (R.S. 40:2198.5) establishes the rights of the mother and specifies that nothing
in the law or rules and regulations of DHH can infringe upon the right of the mother to
choose the location for the birth of her child or the persons who are authorized to be in
attendance.
(Adds R.S. 40:2198.1-2198.5)