RÉSUMÉ DIGEST
ACT 332 (HB 536) 2019 Regular Session Hilferty
Existing law provides for criminal history checks on nonlicensed and licensed persons and
licensed ambulance personnel.
Existing law defines certain terms relative to the use of criminal history checks on certain
individuals. Prior law defined the term "employer". New law adds free-standing birth
centers to the list of enumerated employers.
Existing law provides for the fees, licensing, and penalties of any legal entity currently
operating or planning to operate any of the facilities listed within existing law. New law
makes existing law applicable to "free-standing birth centers".
New law authorizes the Louisiana Department of Health (LDH) to promulgate and publish
rules and regulations for the licensing of free-standing birth centers.
New law defines certain terms including "free standing birth center", "free-standing birth
center services", "low-risk pregnancy", and "standards".
New law requires that free-standing birth centers be licensed by LDH and that no such center
be established, operated, or reimbursed under the Medicaid program unless licensed to
provide such services as a free-standing birth center by LDH.
New law provides for specific requirements of licenses of free-standing birth centers such
as specific geographic location, the term and expiration date, the form of such license, and
the location of posting such license.
New law provides that the rules and regulations promulgated by LDH shall be in accordance
with the Administrative Procedure Act; provides that such rules shall be in the interest of the
health, safety, welfare, and well being of persons receiving services from free standing
birthing centers; and provides that such rules are effective upon approval by the secretary of
LDH and shall have the effect of law.
New law provides for the process, including the payment of a licensing fee as provided in
existing law, an applicant must follow to apply to be licensed as a free-standing birth center
by LDH. New law provides for the procedure for the renewal of a license.
New law provides for the penalties of any entity operating as a free-standing birth center
without a license from LDH. New law provides that any center or facility operating without
a license shall be charged with a misdemeanor. New law provides for the issuance of a fine
between $250 and $1,000 upon conviction.
New law provides that any licensed free-standing birth center is subject to inspection of
records and reports by LDH.
Effective upon signature of governor (June 11, 2019).
(Adds R.S. 40:1203.1(3)(z), 2006(A)(2)(s), (B)(2)(j), and (E)(2)(x), and 2180.21-2180.28)