Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4999 Compare Versions

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22 HOUSE . . . . . . . . . . . . . . No. 4999
33 The Commonwealth of Massachusetts
44 _______________
55 The committee of conference on the disagreeing votes of the two branches with reference
66 to the Senate amendments (striking out all after the enacting clause and inserting in place thereof
77 the text contained in Senate document numbered 2928; and by striking out the title and inserting
88 in place thereof the following title: “An Act relative to increasing access to perinatal health
99 care.”) of the House Bill promoting access to midwifery care and out-of-hospital birth options
1010 (House, No. 4785), reports recommending passage of the accompanying bill (House, No. 4999).
1111 August 14, 2024.
1212 Marjorie C. DeckerCindy F. FriedmanMichael J. MoranLiz MirandaKimberly N. FergusonPatrick O’Connor 2 of 49
1313 FILED ON: 8/14/2024
1414 HOUSE . . . . . . . . . . . . . . . No. 4999
1515 The Commonwealth of Massachusetts
1616 _______________
1717 In the One Hundred and Ninety-Third General Court
1818 (2023-2024)
1919 _______________
2020 An Act promoting access to midwifery care and out-of-hospital birth options.
2121 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2222 of the same, as follows:
2323 1 SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after
2424 2section 16FF the following section:-
2525 3 Section 16GG. (a) As used in this section, the following words shall have the following
2626 4meanings unless the context clearly requires otherwise:
2727 5 “Eligible entity”, a non-profit or community-based organization or health center serving
2828 6perinatal individuals including, but not limited to: (i) a recognized Indian tribe or tribal
2929 7organization; (ii) an organization serving individuals from medically underserved populations
3030 8and other underserved populations; and (iii) a public health agency, including a municipal public
3131 9health department.
3232 10 “Medically underserved populations”, a historically underserved population or a
3333 11population within a geographic area with a lack of access to primary care, behavioral health or
3434 12perinatal healthcare providers or have a high infant mortality, high poverty or high elderly
3535 13population, as determined by the secretary. 3 of 49
3636 14 “Perinatal health outcomes”, health outcomes related to perinatal individuals.
3737 15 “Perinatal individual”, an individual that: (i) is either pregnant or is within 12 months
3838 16from the date of giving birth; (ii) is a biological parent or an adoptive or foster parent who is
3939 17within 12 months from assuming custodial care of a child; or (iii) has lost a pregnancy due to a
4040 18stillbirth, miscarriage or a medical termination within the previous 12 months.
4141 19 “Secretary”, the secretary of health and human services.
4242 20 (b) Subject to appropriation, the secretary shall establish a program to award grants to
4343 21eligible entities to address mental health conditions and substance use disorders for perinatal
4444 22individuals.
4545 23 (c) The secretary shall promulgate regulations and guidelines as necessary to develop and
4646 24implement the grant application process and eligible uses of grant funds pursuant to this section.
4747 25 (d) The secretary shall give preference to eligible entities that:
4848 26 (i) are community-based organizations or entities partnering with community-based
4949 27organizations to address mental health conditions or substance use disorders in perinatal
5050 28individuals; and
5151 29 (ii) operate in areas with high rates of adverse perinatal health outcomes or significant
5252 30disparities in perinatal health outcomes, as determined by the secretary.
5353 31 (e) An eligible entity that receives a grant under this section shall use funds for
5454 32establishing or expanding programs that improve or address mental health, behavioral health or
5555 33substance use disorders for perinatal individuals with a focus on perinatal individuals from
5656 34medically underserved populations. 4 of 49
5757 35 (f) The secretary shall provide, directly or by contract, technical assistance to eligible
5858 36entities seeking a grant or receiving a grant under this section for the development, use,
5959 37evaluation and post-grant period sustainability of the program proposed, established or expanded
6060 38through the grant. The secretary shall advertise or promote such technical assistance to eligible
6161 39entities to raise awareness about the grants and technical assistance.
6262 40 (g) The secretary shall promulgate regulations as necessary to implement subsection (f)
6363 41and for the collection of quantitative and qualitative data, delineated by demographic
6464 42information, on the activities conducted and individuals served pursuant to such grants.
6565 43 SECTION 2. Section 9 of chapter 13 of the General Laws, as appearing in the 2022
6666 44Official Edition, is hereby amended by inserting after the word “counselors”, in line 7, the
6767 45following words:- , the board of registration in midwifery.
6868 46 SECTION 3. Section 11A of said chapter 13, as so appearing, is hereby amended by
6969 47striking out the first paragraph and inserting in place thereof the following paragraph:-
7070 48 There shall be a board of allied health professions, hereinafter called the board, which
7171 49shall consist of 15 members who are residents of the commonwealth to be appointed by the
7272 50governor, 3 of whom shall be qualified athletic trainers licensed pursuant to section 23B of
7373 51chapter 112, 2 of whom shall be occupational therapists licensed pursuant to said section 23B of
7474 52said chapter 112, 1 of whom shall be an occupational therapy assistant licensed pursuant to said
7575 53section 23B of said chapter 112, 2 of whom shall be physical therapists licensed pursuant to said
7676 54section 23B of said chapter 112, 1 of whom shall be a physical therapist assistant licensed
7777 55pursuant to said section 23B of said chapter 112, 3 of whom shall be lactation consultants
7878 56licensed pursuant to said section 23B of said chapter 112, 2 of whom shall be physicians licensed 5 of 49
7979 57pursuant to section 2 of said chapter 112 and 1 of whom shall be selected from and shall
8080 58represent the general public.
8181 59 SECTION 4. Said section 11A of said chapter 13, as so appearing, is hereby further
8282 60amended by striking out, in lines 51 and 52, the words “or physical therapy” and inserting in
8383 61place thereof the following words:- physical therapy or lactation consulting.
8484 62 SECTION 5. Said chapter 13 is hereby further amended by adding the following section:-
8585 63 Section 110. (a) There shall be within the department of public health a board of
8686 64registration in midwifery, hereinafter called the board. The board shall consist of 9 members who
8787 65are residents of the commonwealth to be appointed by the governor, 5 of whom shall be
8888 66midwives licensed under section 293 of chapter 112 with not less than 5 years of experience in
8989 67the practice of midwifery, 1 of whom shall be an obstetrician-gynecologist licensed to practice
9090 68medicine under section 2 of said chapter 112 with experience working with midwives, 1 of
9191 69whom shall be a maternal-fetal medicine specialist licensed to practice medicine under said
9292 70section 2 of said chapter 112 with experience working with midwives, 1 of whom shall be a
9393 71certified nurse-midwife licensed under section 80B of said chapter 112 and authorized to practice
9494 72nurse-midwifery under section 80C of said chapter 112 and 1 of whom shall be a member of the
9595 73public. When making the appointments to the board, the governor shall consider members with
9696 74experience working on the issue of racial disparities in maternal health. The appointed members
9797 75of the board shall serve for terms of 3 years. Upon the expiration of a term of office, a member
9898 76shall continue to serve until a successor has been appointed and qualified. A member shall not
9999 77serve for more than 2 consecutive full terms; provided, however, that a person who is chosen to
100100 78fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive full 6 of 49
101101 79terms in addition to the remainder of such unexpired term. A member may be removed by the
102102 80governor for neglect of duty, misconduct, malfeasance or misfeasance in the office after a written
103103 81notice of the charges against the member and sufficient opportunity to be heard thereon. Upon
104104 82the death, resignation or removal for cause of a member of the board, the governor shall fill the
105105 83vacancy for the remainder of that member’s term.
106106 84 (b) Annually, the board shall elect from its membership a chair and a secretary who shall
107107 85serve until their successors have been elected and qualified. The board shall meet not less than 4
108108 86times annually and may hold additional meetings at the call of the chair or upon the request of
109109 87not less than 5 members. A quorum for the conduct of official business shall be a majority of
110110 88those appointed. Board members shall serve without compensation but shall be reimbursed for
111111 89actual and reasonable expenses incurred in the performance of their duties. The members shall be
112112 90public employees for the purposes of chapter 258 for all acts or omissions within the scope of
113113 91their duties as board members.
114114 92 SECTION 6. Chapter 32A of the General Laws is hereby amended by inserting after
115115 93section 17T, inserted by section 74 of chapter 140 of the acts of 2024, the following 3 sections:-
116116 94 Section 17U. The commission shall provide to any active or retired employee of the
117117 95commonwealth who is insured under the group insurance commission coverage for postpartum
118118 96depression and major depressive disorder screenings conducted pursuant to section 247 of
119119 97chapter 111.
120120 98 Section 17V. (a) The commission shall provide to any active or retired employee of the
121121 99commonwealth who is insured under the group insurance commission coverage for the provision 7 of 49
122122 100of medically necessary pasteurized donor human milk and donor human milk-derived products;
123123 101provided, however, that:
124124 102 (i) the milk is obtained from a human milk bank that meets quality guidelines established
125125 103by the department of public health;
126126 104 (ii) a licensed medical practitioner has issued a written order for the provision of such
127127 105human breast milk or donor human milk-derived products for the covered infant; and
128128 106 (iii) the covered infant is:
129129 107 (1) under the age of 6 months;
130130 108 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that
131131 109places the infant at a high risk for development of necrotizing enterocolitis or a congenital or
132132 110acquired condition that may benefit from the use of such human breast milk as determined by the
133133 111department of public health; and
134134 112 (3) medically or physically unable to receive maternal breast milk or participate in
135135 113breastfeeding or whose mother is medically or physically unable, despite receiving lactation
136136 114support, to produce maternal breast milk in sufficient quantities or caloric density.
137137 115 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled
138138 116payment arrangement, the commission shall include the cost of reimbursement provided under
139139 117subsection (a) for donor human milk and donor human milk-derived products in the development
140140 118of the reimbursement rate for such diagnosis related group or bundled payment.
141141 119 Section 17W. The commission shall provide to any active or retired employee of the
142142 120commonwealth who is insured under the group insurance commission coverage for universal 8 of 49
143143 121postpartum home visiting services in accordance with operational standards set by the
144144 122department of public health pursuant to section 248 of chapter 111. Such coverage shall not be
145145 123subject to cost-sharing, including co-payments and co-insurance, and shall not be subject to any
146146 124deductible; provided, however, that cost-sharing shall be required if the applicable plan is
147147 125governed by the Internal Revenue Code and would lose its tax-exempt status as a result of the
148148 126prohibition on cost-sharing for this service.
149149 127 SECTION 7. Section 1E of chapter 46 of the General Laws, as appearing in the 2022
150150 128Official Edition, is hereby amended by inserting after the definition of “Administrator” the
151151 129following definition:-
152152 130 “Certified nurse-midwife”, a nurse licensed under section 80B of said chapter 112 and
153153 131authorized to practice nurse-midwifery under section 80C of said chapter 112.
154154 132 SECTION 8. Said section 1E of said chapter 46, as so appearing, is hereby further
155155 133amended by inserting after the definition of “Hospital medical officer” the following definition:-
156156 134 “Licensed certified professional midwife”, a midwife licensed to practice by the board of
157157 135registration in midwifery pursuant to section 293 of chapter 112.
158158 136 SECTION 9. Section 3B of said chapter 46, as so appearing, is hereby amended by
159159 137inserting after the word “physician”, in line 1, the following words:- , certified nurse-midwife or
160160 138licensed certified professional midwife.
161161 139 SECTION 10. Section 1 of chapter 94C of the General Laws, as so appearing, is hereby
162162 140amended by inserting after the definition of “Isomer” the following definition:- 9 of 49
163163 141 “Licensed certified professional midwife”, a midwife licensed to practice by the board of
164164 142registration in midwifery pursuant to section 293 of chapter 112.
165165 143 SECTION 11. Section 7 of said chapter 94C, as so appearing, is hereby amended by
166166 144adding the following subsection:-
167167 145 (j) The commissioner shall promulgate regulations that provide for the automatic
168168 146registration of licensed certified professional midwives, upon the receipt of the fee as herein
169169 147provided, to issue written prescriptions in accordance with the provisions of section 295 of
170170 148chapter 112 and the regulations issued by the board of registration in midwifery under said
171171 149section 295 of said chapter 112, unless the registration of such licensed certified professional
172172 150midwife has been suspended or revoked pursuant to the provisions of section 13 or section 14 or
173173 151unless such registration is denied for cause by the commissioner pursuant to chapter 30A. Prior
174174 152to promulgating such regulations, the commissioner shall consult with the board of registration in
175175 153midwifery and the department of public health.
176176 154 SECTION 12. Section 9 of said chapter 94C, as so appearing, is hereby amended by
177177 155inserting after the figure “112”, in line 7, the following words:- , licensed certified professional
178178 156midwife as limited by subsection (j) of said section 7 and section 295 of said chapter 112.
179179 157 SECTION 13. Said section 9 of said chapter 94C, as so appearing, is hereby further
180180 158amended by inserting after the word “midwife”, in lines 24, 33, 38, 69, 75, 78 and 87, in each
181181 159instance, the following words:- , licensed certified professional midwife.
182182 160 SECTION 14. Said section 9 of said chapter 94C, as so appearing, is hereby further
183183 161amended by inserting after the word “nurse-midwifery”, in line 29, the following word:- ,
184184 162midwifery. 10 of 49
185185 163 SECTION 15. Section 24O of chapter 111 of the General Laws, as inserted by section 43
186186 164of chapter 28 of the acts of 2023, is hereby amended by striking out subsection (d), the second
187187 165time the subsection appears, and subsection (e), and inserting in place thereof the following 3
188188 166subsections:-
189189 167 (e)(1) The committee shall consist of the following members: the commissioner, or their
190190 168designee, who shall serve as chair; the assistant secretary for MassHealth, or their designee, a
191191 169representative of the department of public health; the executive director of the health policy
192192 170commission, or their designee; a representative of the Perinatal-Neonatal Quality Improvement
193193 171Network of Massachusetts; the chief medical examiner, or their designee; the chair of the
194194 172Massachusetts chapter of the American College of Obstetrics and Gynecology, or their designee;
195195 173the chair of the Massachusetts chapter of the American College of Nurse Midwives, or their
196196 174designee; the chair of the Massachusetts chapter of the Association of Women's Health, Obstetric
197197 175and Neonatal Nurses, or their designee; and the commissioner shall appoint the following
198198 176members: a medical professional with obstetric and neonatal nursing training; a medical
199199 177professional with training in cardiology; a medical professional with training in pathology; a
200200 178medical professional with expertise in substance use prevention and treatment; a psychology,
201201 179social work or other mental health professional; a representative from academia in a relevant
202202 180field; a medical professional with formal anesthesiology training; a medical professional with
203203 181maternal fetal medicine or perinatology training; a medical professional with psychiatric
204204 182training; a medical professional with family medicine training; the director of a federally-funded
205205 183Healthy Start program, or their designee; 2 individuals who practice as doulas; 2 community or
206206 184family members who have been directly affected by a maternal death; a member of a 11 of 49
207207 185community-based organization; a representative from the department of children and families;
208208 186and a law enforcement officer.
209209 187 (2) Each member, other than the commissioner, shall serve for a term of 3 years and until
210210 188their successor is appointed. Nothing in this section shall prohibit the commissioner from
211211 189appointing a committee member to serve additional terms. The committee shall convene as
212212 190deemed necessary by the department. The commissioner shall, to the extent feasible, appoint
213213 191members representing the racial, ethnic and geographic diversity of the commonwealth and shall
214214 192prioritize appointing members from communities and groups most impacted by maternal
215215 193mortality and maternal morbidity.
216216 194 (f) Not later than December 31 of each even-numbered year, the committee shall submit
217217 195to the clerks of the house of representatives and the senate, the house and senate committees on
218218 196ways and means and the joint committee on public health a report, including, but not limited to:
219219 197 (i) a description of the incidents of maternal mortality and severe maternal morbidity
220220 198reviewed during the immediately preceding 24 months, provided in a manner that shall not allow
221221 199for the identification of any person;
222222 200 (ii) a summary of the disparities identified and reviewed;
223223 201 (iii) recommendations to reduce maternal mortality and severe maternal morbidity in the
224224 202commonwealth; and
225225 203 (iv) recommendations for any legislation or other changes to policy to reduce maternal
226226 204mortality and severe maternal morbidity or otherwise improve the delivery of health care in the
227227 205commonwealth. 12 of 49
228228 206 (g) Notwithstanding any general or special law to the contrary, upon the determination of
229229 207a majority of the committee that the review of any information or record is necessary to carry out
230230 208the purpose of this section, the committee shall request and the relevant offices and agencies
231231 209shall provide requested records or information from any agency, department or office of the
232232 210commonwealth including, but not limited to: (i) the executive office of health and human
233233 211services and its constituent agencies; (ii) the executive office of public safety and security; (iii)
234234 212the center for health information and analysis; (iv) the office of patient protection; (v) a health
235235 213care facility, state comprehensive health planning agency or acute-care hospital as defined in
236236 214section 25B; and (vi) a health care provider or professional licensed pursuant to chapter 112. The
237237 215committee may receive and solicit voluntary information, including oral or written statements
238238 216relating to any case that may come before the committee from any public or private entity and
239239 217any person including, but not limited to, a patient in a case of maternal morbidity.
240240 218 SECTION 16. Said chapter 111 is hereby further amended by inserting after section 24O
241241 219the following section:-
242242 220 Section 24P. (a) As used in this section the following words shall, unless the context
243243 221clearly requires otherwise, have the following meanings:
244244 222 “Fetal death”, as defined in section 202.
245245 223 “Infant death”, the death of an infant that occurs between the birth of the infant and 1
246246 224year of age.
247247 225 (b) The department shall establish a program to conduct an in-depth fetal and infant
248248 226mortality review of each individual fetal or infant death occurring within the commonwealth in
249249 227order to identify social, economic and systems factors associated with fetal and infant deaths and 13 of 49
250250 228inform public health policy programs. For each case of fetal or infant death to be reviewed, the
251251 229department may collect relevant data from a variety of sources including, but not limited to,
252252 230physician and hospital records and relevant information from local boards of health and
253253 231community organizations.
254254 232 (c) The department shall promulgate regulations consistent with this section regarding the
255255 233process for conducting fetal infant mortality reviews, which shall include provisions for
256256 234protecting confidential information and guidance from the federal Health Resources and Services
257257 235Administration’s National Fetal, Infant, and Child Death Review Program.
258258 236 SECTION 17. Said chapter 111 is hereby further amended by inserting after section 51L
259259 237the following section:-
260260 238 Section 51M. (a) The department shall promulgate regulations relative to the operation
261261 239and maintenance of birth centers licensed as clinics pursuant to section 51, hereinafter referred to
262262 240as “freestanding birth centers”.
263263 241 (b) The regulations shall include, but shall not be limited to, requirements that a licensed
264264 242freestanding birth center have:
265265 243 (i) a detailed and written plan on the premises for transfer of a client to a nearby hospital
266266 244providing obstetrical and newborn services as needed for emergency treatment beyond that
267267 245provided by the birth center;
268268 246 (ii) policies and procedures to ensure coordination of ongoing care and transfer when
269269 247complications occur that render the patient ineligible for birth center care during the antepartum,
270270 248intrapartum or postpartum period; 14 of 49
271271 249 (iii) an administrative director responsible for implementing and overseeing the
272272 250operational policies of the birth center;
273273 251 (iv) a director of clinical affairs on staff who shall be a certified nurse-midwife, licensed
274274 252certified professional midwife or physician licensed to practice in the commonwealth whose
275275 253professional scope of practice includes preconception, prenatal, labor, birth and postpartum care
276276 254and early care of the newborn and who may be the primary attendants during the perinatal
277277 255period; and
278278 256 (v) birth attendants that are certified nurse-midwives, licensed certified professional
279279 257midwives, physicians or other providers licensed to practice in the commonwealth whose
280280 258professional scope of practice includes preconception, prenatal, labor, birth and postpartum care
281281 259and early care of the newborn and who may be the primary attendants in accordance with their
282282 260professional scope of practice.
283283 261 (c) The department shall not require a licensed freestanding birth center or the directors
284284 262and providers on staff to practice under the supervision of a hospital or another health care
285285 263provider or to enter into an agreement, written or otherwise, with another hospital or health care
286286 264provider, or maintain privileges at a hospital.
287287 265 (d) In order to be licensed as a freestanding birth center pursuant to subsection (a) and
288288 266under section 51 by the department, a freestanding birth center shall provide reimbursable
289289 267services to individuals with public health insurance on a non-discriminatory basis.
290290 268 (e) Only freestanding birth centers and hospital-affiliated birth centers licensed by the
291291 269department shall include the words “birth center” or “birthing center” in such center’s name. 15 of 49
292292 270 SECTION 18. Section 110A of said chapter 111, as appearing in the 2022 Official
293293 271Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the
294294 272following paragraph:-
295295 273 The physician attending a newborn child shall cause said child to be subjected to tests for
296296 274phenylketonuria, cretinism, Duchenne muscular dystrophy and such other specifically treatable
297297 275genetic or biochemical disorders or treatable infectious diseases which may be determined by
298298 276testing as specified by the commissioner. The commissioner shall convene an advisory
299299 277committee on newborn screening to assist the commissioner in determining which tests are
300300 278necessary; provided, however, that said advisory committee shall convene not less than twice per
301301 279year.
302302 280 SECTION 19. Section 202 of said chapter 111, as so appearing, is hereby amended by
303303 281inserting after the word “physician”, in line 17, the following words:- , certified nurse-midwife
304304 282or licensed certified professional midwife.
305305 283 SECTION 20. Said section 202 of said chapter 111, as so appearing, is hereby further
306306 284amended by inserting after the word “attendance”, in line 17, the following words:- , or without
307307 285the attendance of a certified nurse-midwife or licensed certified professional midwife.
308308 286 SECTION 21. Said chapter 111 is hereby further amended by adding the following 4
309309 287sections:-
310310 288 Section 245. (a) The commissioner shall develop and disseminate to the public,
311311 289information regarding pregnancy loss, including miscarriage and recurrent miscarriage, which
312312 290shall include information on: (i) the awareness of pregnancy loss and the incidence and
313313 291prevalence of pregnancy loss among pregnant people; and (ii) the accessibility of the range of 16 of 49
314314 292evidence-based treatment options, as medically appropriate, for pregnancy loss, including, but
315315 293not limited to, comprehensive mental health supports, necessary procedures and medications and
316316 294culturally responsive supports including pregnancy loss doula care. The commissioner shall
317317 295ensure that information disseminated pursuant to this section is available in multiple languages,
318318 296including, but not limited to Spanish, Portuguese, Mandarin, Cantonese, Haitian Creole and other
319319 297spoken languages in the commonwealth.
320320 298 (b) The commissioner may disseminate information to the public directly through the
321321 299department’s website or through arrangements with agencies carrying out intra-agency
322322 300initiatives, nonprofit organizations, consumer groups, community organizations, institutions of
323323 301higher education or state or local public-private partnerships.
324324 302 (c) The commissioner shall develop and coordinate programs for conducting and
325325 303supporting evidence-based research with respect to the causes of pregnancy loss and treatment
326326 304options.
327327 305 (d) The commissioner shall, in consultation with and in accordance with guidelines from
328328 306relevant professional boards of registration, develop and disseminate to perinatal health care
329329 307workers information on pregnancy loss to ensure that such perinatal health care workers remain
330330 308informed about current information regarding pregnancy loss and prioritizing both the physical
331331 309and mental health care of patients experiencing pregnancy loss. For the purposes of this
332332 310subsection, the term “perinatal health care worker” shall include, but shall not be limited to, a
333333 311physician, certified nurse-midwife, licensed certified professional midwife, physician assistant,
334334 312nurse practitioner, clinical nurse specialist, doula, community health worker, peer supporter, 17 of 49
335335 313licensed lactation consultant, nutritionist or dietitian, childbirth educator, social worker, trained
336336 314family support specialist or home visitor, and language interpreter or navigator.
337337 315 (e) The commissioner shall, in a manner that protects personal privacy and complies with
338338 316federal law, collect and assess data regarding pregnancy loss, including information
339339 317disaggregated by race, ethnicity, health insurance status, disability, income level and geography
340340 318on the prevalence of, the incidence of and knowledge about pregnancy loss.
341341 319 Section 246. (a) As used in this section, the following words shall have the following
342342 320meanings unless the context clearly requires otherwise:
343343 321 “Perinatal individual”, an individual that: (i) is either pregnant or is within 12 months
344344 322from the date of giving birth; (ii) is a biological parent or an adoptive or foster parent who is
345345 323within 12 months from assuming custodial care of a child; or (iii) has lost a pregnancy due to a
346346 324stillbirth, miscarriage or a medical termination within the previous 12 months.
347347 325 “Perinatal mood and anxiety disorders”, a mental health disorder experienced by an
348348 326individual during the period of time from the beginning of pregnancy up until 12 months
349349 327following the birth of a child or after the end of pregnancy, including, but not limited to,
350350 328postpartum depression, or major depressive disorder associated with: (i) the care of a child
351351 329experienced by a biological parent or an adoptive or foster parent who is within 12 months from
352352 330assuming custodial care of a child; or (ii) pregnancy loss experienced by an individual who has
353353 331lost a pregnancy due to a stillbirth, miscarriage or a medical termination within the previous 12
354354 332months.
355355 333 (b) The department shall develop and maintain a comprehensive digital resource center
356356 334on perinatal mood and anxiety disorders. The digital resource center shall be available to the 18 of 49
357357 335public at no cost on the department’s website, and shall include information and resources for: (i)
358358 336health care providers and organizations serving perinatal individuals to aid them in diagnosing,
359359 337treating or making appropriate referrals for individuals experiencing perinatal mood and anxiety
360360 338disorders; (ii) perinatal individuals and their families to aid them in understanding and
361361 339identifying perinatal mood and anxiety disorders and how to navigate available resources and
362362 340obtain treatment.
363363 341 (c) Prior to developing the comprehensive digital resource center, the department shall
364364 342consult with: (i) health care professionals, including, but not limited to, obstetricians,
365365 343gynecologists, pediatricians, primary care providers, certified nurse-midwives, licensed certified
366366 344professional midwives, psychiatrists, and other mental health clinicians; (ii) organizations
367367 345serving perinatal individuals; and (iii) health insurance carriers.
368368 346 (d) The department shall develop and implement a public information campaign to
369369 347promote awareness of perinatal mood and anxiety disorders, which shall promote the digital
370370 348resource center developed pursuant to this section.
371371 349 Section 247. (a) For the purposes of this section, “postnatal individual” shall refer to an
372372 350individual who: (i) is within 12 months of giving birth; (ii) is a biological parent or an adoptive
373373 351or foster parent that is within 12 months from assuming custodial care of a child; or (iii) has lost
374374 352a pregnancy due to a stillbirth, miscarriage or a medical termination within the previous 12
375375 353months.
376376 354 (b) Every postnatal individual who receives health care services from a primary care
377377 355provider, obstetrician, gynecologist, certified nurse-midwife or licensed certified professional
378378 356midwife shall be offered a screening for postpartum depression or major depressive disorder and, 19 of 49
379379 357if the postnatal individual does not object to such screening, such primary care provider, certified
380380 358nurse-midwife or licensed certified professional midwife shall ensure that the postnatal
381381 359individual is appropriately screened for postpartum depression or major depressive disorder in
382382 360line with evidence-based guidelines.
383383 361 (c) Every postnatal individual whose infant receives health care services from a
384384 362pediatrician shall be offered a screening for postpartum depression or major depressive disorder
385385 363by the infant’s pediatrician, and, if the postnatal individual does not object to such screening,
386386 364such pediatrician shall ensure that the postnatal individual is appropriately screened for
387387 365postpartum depression or major depressive disorder in accordance with evidence-based
388388 366guidelines.
389389 367 (d) If a health care professional administering a screening in accordance with this section
390390 368determines, based on the screening methodology administered, that the postnatal individual is
391391 369likely to be suffering from postpartum depression or major depressive disorder, such health care
392392 370professional shall discuss available treatments for postpartum depression or major depressive
393393 371disorder, including pharmacological treatments, and provide an appropriate referral to a mental
394394 372health clinician.
395395 373 Section 248. (a) As used in this section, the following words shall have the following
396396 374meanings unless the context clearly requires otherwise:
397397 375 “Programs”, entities or providers qualified by the department to provide universal
398398 376postpartum home visiting services.
399399 377 “Provider”, an entity or individual that provides universal postpartum home visiting
400400 378services. 20 of 49
401401 379 “Universal postpartum home visiting services”, evidence-based, voluntary home or
402402 380community-based services for birthing people and caregivers with newborns, including, but not
403403 381limited to: (i) screenings for unmet health needs including reproductive health services; (ii)
404404 382maternal and infant nutritional needs; and (iii) emotional health supports, including postpartum
405405 383depression supports.
406406 384 (b) The department shall establish and administer a statewide system of programs
407407 385providing universal postpartum home visiting services; provided, however, that the department
408408 386may contract with third-party service providers. Services shall be delivered by a qualified health
409409 387professional with maternal and pediatric health training, as defined by the department; provided,
410410 388however, that at least 1 visit shall occur at the patient’s home or a mutually agreed upon location
411411 389within 8 weeks postpartum.
412412 390 (c) A provider of universal postpartum home visiting services shall determine whether a
413413 391recipient of its services is covered or may be eligible for coverage through an alternative source.
414414 392A provider shall request payment for services it provides from third-party payers pursuant to
415415 393chapters 32A, 118E, 175, 176A, 176B or 176G before payment is requested from the
416416 394department.
417417 395 (d) The department shall monitor and assess the effectiveness of universal postpartum
418418 396home visiting services. Programs which are in receipt of state or federal funding for said services
419419 397shall report such information as requested by the department for the purpose of monitoring,
420420 398assessing the effectiveness of such programs, initiating quality improvement and reducing health
421421 399disparities. 21 of 49
422422 400 SECTION 22. Chapter 112 of the General Laws is hereby amended by inserting after
423423 401section 2D the following section:-
424424 402 Section 2E. A person shall not provide ultrasound services pertaining to a possible or
425425 403actual pregnancy except under the supervision of a provider or other licensed health care
426426 404professional who, acting within their scope of practice, provides medical care for people who are
427427 405pregnant or may become pregnant.
428428 406 SECTION 23. Section 23A of said chapter 112, as appearing in the 2022 Official Edition,
429429 407is hereby amended by striking out, in lines 1 and 2, the words “twenty-three A to twenty-three P”
430430 408and inserting in place thereof the following words:- 23A to 23P¾.
431431 409 SECTION 24. Said section 23A of said chapter 112, as so appearing, is hereby further
432432 410amended by inserting after the definition of “Board” the following 4 definitions:-
433433 411 “International board-certified lactation consultant”, a person who holds current
434434 412certification from the International Board of Lactation Consultant Examiners as a lactation
435435 413consultant after demonstrating the appropriate education, knowledge and experience necessary
436436 414for independent clinical practice.
437437 415 “International Board of Lactation Consultant Examiners”, the international certification
438438 416body that confers the International Board Certified Lactation Consultant credential and which is
439439 417independently accredited by the National Commission for Certifying Agencies.
440440 418 “Lactation consulting”, the clinical application of scientific principles and a
441441 419multidisciplinary body of evidence for evaluation, problem identification, treatment, education
442442 420and consultation to families regarding the course of lactation and infant feeding; including, but 22 of 49
443443 421not limited to: (i) clinical lactation assessment through the systematic collection of subjective
444444 422and objective data; (ii) analysis of data and creation of a plan of care; (iii) development and
445445 423implementation of a lactation care plan with demonstration and instruction to parents and
446446 424communication to the primary health care provider; (iv) provision of lactation education to
447447 425parents and health care providers; and (v) recommendation and use of assistive devices.
448448 426 “Licensed lactation consultant”, a person licensed to practice lactation consulting in
449449 427accordance with section 23B.
450450 428 SECTION 25. Section 23B of said chapter 112, as so appearing, is hereby amended by
451451 429striking out, in line 8, the words “and physical therapist assistants” and inserting in place thereof
452452 430the following words:- , physical therapist assistants and lactation consultants.
453453 431 SECTION 26. The first paragraph of said section 23B of said chapter 112, as so
454454 432appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof
455455 433the following sentence:- An applicant who furnishes satisfactory proof that they are of good
456456 434moral character and that they have met the educational and clinical practice requirements set
457457 435forth in section 23F, 23G, 23H, 23I, 23J or 23J½ shall, upon payment of a fee determined by the
458458 436secretary of administration and finance, be examined by the board and, if the applicant is found
459459 437to be qualified and passes the examination, the applicant shall be licensed to practice.
460460 438 SECTION 27. Section 23C of said chapter 112, as so appearing, is hereby amended by
461461 439inserting after the word “assistant”, in line 4, the following words:- or lactation consultant.
462462 440 SECTION 28. Said section 23C of said chapter 112, as so appearing, is hereby further
463463 441amended by inserting after the word “chapter”, in line 11, the following words:- ; or as a licensed
464464 442lactation consultant. 23 of 49
465465 443 SECTION 29. Section 23D of said chapter 112, as so appearing, is hereby amended by
466466 444inserting after the words “physical therapist assistant”, in line 3, the following words:- , or a
467467 445licensed lactation consultant.
468468 446 SECTION 30. Section 23E of said chapter 112, as so appearing, is hereby amended by
469469 447inserting after the word “assistant”, in line 8, the following words:- or lactation consultant.
470470 448 SECTION 31. Said section 23E of said chapter 112, as so appearing, is hereby further
471471 449amended by inserting after the word “therapy”, in line 14, the following words:- or lactation
472472 450consulting.
473473 451 SECTION 32. Said section 23E of said chapter 112, as so appearing, is hereby further
474474 452amended by inserting after the words “physical therapy services”, in line 21, the following
475475 453words:- or lactation consulting services.
476476 454 SECTION 33. Said section 23E of said chapter 112, as so appearing, is hereby further
477477 455amended by inserting after the words “physical therapist”, in line 24, the following words:- or
478478 456licensed lactation consultant.
479479 457 SECTION 34. Said chapter 112 is hereby further amended by inserting after section 23J
480480 458the following section:-
481481 459 Section 23J½. An applicant for licensure as a lactation consultant shall:
482482 460 (i) be not less than18 years of age;
483483 461 (ii) have submitted a completed application upon a form and in such manner as the board
484484 462prescribes, accompanied by applicable fees; 24 of 49
485485 463 (iii) have met the education and clinical standards established for international board-
486486 464certified lactation consultants by the International Board of Lactation Consultant Examiners or
487487 465its successor organization;
488488 466 (iv) have passed an examination adopted or administered by the board; provided,
489489 467however, that the board may adopt a standardized national exam, including the examination
490490 468required for certification by the International Board of Lactation Consultant Examiners or a
491491 469successor or equivalent entity; and
492492 470 (v) have completed such other requirements as may be prescribed by the board.
493493 471 SECTION 35. Section 23K of said chapter 112, as appearing in the 2022 Official Edition,
494494 472is hereby amended by inserting after the words “physical therapy”, in line 9, the following
495495 473words:- or lactation consulting.
496496 474 SECTION 36. Section 23L of said chapter 112, as so appearing, is hereby amended by
497497 475striking out, in line 3, the words “or physical therapist assistant” and inserting in place thereof
498498 476the following words:- physical therapist assistant or licensed lactation consultant.
499499 477 SECTION 37. Said chapter 112 is hereby further amended by inserting after section
500500 47823P½ the following section:-
501501 479 Section 23P¾. (a) Except as otherwise provided in this section and sections 23C and 23E,
502502 480no person shall hold themselves out to others as a licensed lactation consultant unless they hold a
503503 481valid license issued in accordance with section 23B.
504504 482 (b) Nothing in this section shall be construed to prevent the practice of lactation
505505 483consulting by members of other licensed health care professions when such practice is consistent 25 of 49
506506 484with the accepted standards and scope of practice for their respective professions; provided,
507507 485however, that such persons shall not use the title “licensed lactation consultant” unless licensed
508508 486pursuant to this chapter.
509509 487 (c) Nothing in this chapter shall prevent perinatal health workers from performing
510510 488breastfeeding education functions consistent with the accepted standards of their respective
511511 489occupations; provided, however, such persons shall not use the title “licensed lactation
512512 490consultant” unless licensed pursuant to this chapter. For the purposes of this subsection,
513513 491“perinatal health worker” shall mean any perinatal educator and support provider, including, but
514514 492not limited to, a doula, community health worker, peer counselor, peer supporter, breastfeeding
515515 493and lactation counselor, breastfeeding and lactation educator or peer counselor within the
516516 494Women, Infants, and Children Program, childbirth educator or social worker.
517517 495 SECTION 38. Said chapter 112 is hereby further amended by adding the following 8
518518 496sections:-
519519 497 Section 290. As used in sections 291 to 297, inclusive, the following words shall have the
520520 498following meanings unless the context clearly requires otherwise:
521521 499 “Board”, the board of registration in midwifery, established under section 110 of chapter
522522 50013.
523523 501 “Certified nurse-midwife”, a nurse licensed under section 80B and authorized to practice
524524 502nurse-midwifery under section 80C.
525525 503 “Client”, a person under the care of a licensed certified professional midwife. 26 of 49
526526 504 “Licensed certified professional midwife”, a person registered by the board to practice
527527 505midwifery in the commonwealth under section 293.
528528 506 “Low-risk pregnancy”, a pregnancy with no maternal or fetal factors that place the
529529 507pregnancy at significantly increased risk for complications, as determined through regulation by
530530 508the board in consultation with the department of public health, including, but not limited to,
531531 509factors related to maternal or fetal health conditions likely to affect the pregnancy and the
532532 510gestational age and presentation of the fetus at the time of labor and delivery.
533533 511 “MEAC”, the Midwifery Education Accreditation Council or its successor organization.
534534 512 “NARM”, the North American Registry of Midwives or its successor organization.
535535 513 Section 291. (a) The practice of midwifery by a licensed certified professional midwife
536536 514shall include, but shall not be limited to:
537537 515 (i) the practice of providing maternity care to a client during the preconception period and
538538 516the antepartum, intrapartum and postpartum periods of a low-risk pregnancy;
539539 517 (ii) the practice of providing newborn care; and
540540 518 (iii) prescribing, dispensing or administering pharmaceutical agents consistent with
541541 519section 295.
542542 520 (b) A licensed certified professional midwife shall accept and provide care to clients only
543543 521in accordance with the scope and standards of practice under this section and regulations
544544 522promulgated by the board pursuant to section 292. 27 of 49
545545 523 (c) The practice of midwifery shall not constitute the practice of medicine, certified
546546 524nurse-midwifery or emergency medical care.
547547 525 (d) Nothing in this section shall regulate, restrict or prohibit the practice, service or
548548 526activities of:
549549 527 (i) a person licensed in the commonwealth from engaging in activities within the scope of
550550 528practice of the profession or occupation for which such person is licensed, including, but not
551551 529limited to, the practice of a licensed physician, certified nurse-midwife or certified emergency
552552 530medical technician; provided, however, that such person does not represent to the public, directly
553553 531or indirectly, that such person is licensed under section 293 and that such person does not use
554554 532any name, title or designation indicating that such person is licensed under said section 293;
555555 533 (ii) a person employed as a midwife by the federal government or an agency thereof if
556556 534that person provides midwifery services solely under the direction and control of the
557557 535organization by which such person is employed;
558558 536 (iii) a traditional birth attendant who provides midwifery services to a client that has
559559 537cultural or religious birth traditions that have historically included the attendance of traditional
560560 538birth attendants; provided, however, that no fee for the traditional birth attendant’s services is
561561 539contemplated, charged or received and the birth attendant serves only individuals and families in
562562 540a distinct cultural or religious group;
563563 541 (iv) persons who are members of Native American communities and provide traditional
564564 542midwife services to their communities; or
565565 543 (v) any person rendering aid in an emergency. 28 of 49
566566 544 Section 292. (a) The board shall:
567567 545 (i) adopt rules and promulgate regulations governing licensed certified professional
568568 546midwives and the practice of midwifery to promote the public health, welfare and safety
569569 547consistent with the essential competencies identified by NARM;
570570 548 (ii) administer the licensing process, including, but not limited to: (A) receiving,
571571 549reviewing, approving and rejecting applications for licensure; (B) issuing, renewing, suspending,
572572 550revoking and reinstating licenses; (C) investigating complaints against persons licensed under
573573 551section 293; and (D) holding hearings and ordering disciplinary sanctions against a person who
574574 552violates sections 290 to 297, inclusive, or any regulation promulgated by the board;
575575 553 (iii) establish administrative procedures for processing applications and renewals;
576576 554 (iv) adopt and provide a uniform, proctored examination for applicants to measure the
577577 555qualifications necessary for licensure; provided, however, that the board may adopt a
578578 556standardized national exam, including the examination required for certification by NARM or a
579579 557successor or equivalent entity;
580580 558 (v) develop practice standards for licensed certified professional midwives that shall
581581 559include, but not be limited to: (A) the adoption of ethical standards for licensed certified
582582 560professional midwives; (B) the maintenance of records of care, including client charts; (C) the
583583 561participation in peer review; (D) the development of standardized informed consent forms; and
584584 562(E) the development of a standardized written emergency transport plan forms relative to the
585585 563timely transfer of a newborn or client to a hospital; 29 of 49
586586 564 (vi) promulgate regulations that may require licensed certified professional midwives to
587587 565have professional malpractice liability insurance or a suitable bond or other indemnity against
588588 566liability for professional malpractice in such an amount as may be determined by the board;
589589 567 (vii) establish and maintain records of its actions and proceedings in accordance with
590590 568public records laws; and
591591 569 (viii) adopt professional continuing education requirements for licensed certified
592592 570professional midwives seeking renewal consistent with those maintained by NARM.
593593 571 (b) Nothing in this section shall be construed to authorize the board to promulgate
594594 572regulations that require a licensed certified professional midwife to practice under the
595595 573supervision of or in collaboration with another health care provider.
596596 574 Section 293. (a) A person seeking licensure as a midwife under this section shall apply to
597597 575the board in writing on an application form prescribed and furnished by the board. The
598598 576application shall include a sworn statement and contain information satisfactory to the board to
599599 577demonstrate that the applicant possesses the qualifications necessary for licensure under this
600600 578section.
601601 579 (b) The initial license and renewal fee shall be established pursuant to section 3B of
602602 580chapter 7; provided, however, that such fees shall not exceed $200 biennially. The board, in
603603 581consultation with the secretary of administration and finance, shall institute a process for
604604 582applicants to apply for a financial hardship waiver, which may reduce or fully exempt an
605605 583applicant from paying the fee pursuant to this section. Fees collected by the board shall be
606606 584deposited into the Quality in Health Professions Trust Fund pursuant to section 35X of chapter 30 of 49
607607 58510 to support board operations and administration and to reimburse board members for
608608 586reasonable expenses incurred in the performance of their official duties.
609609 587 (c) An applicant for licensure under this section shall: (i) be of good moral character; (ii)
610610 588be a graduate of a high school or its equivalent; (iii) have completed a formal midwifery
611611 589education and training program consistent with subsection (d); (iv) possess a valid certified
612612 590professional midwife credential from NARM; and (v) have satisfactorily completed the
613613 591examination required by the board.
614614 592 (d) An applicant for a license to practice midwifery as a licensed certified professional
615615 593midwife shall submit to the board as proof of successful completion of a formal midwifery
616616 594education and training program either:
617617 595 (i) a certificate of completion, or its equivalent, from an educational program or
618618 596institution accredited by MEAC; or
619619 597 (ii) a midwifery bridge certificate issued by NARM or a successor credential; provided,
620620 598however, that the applicant: (A) received such bridge certification on or after September 1, 2019
621621 599and completed a midwifery education and training program from an educational program or
622622 600institution that is not accredited by MEAC; or (B) is licensed as a professional midwife in a state
623623 601that does not require completion of a midwifery education and training program from an
624624 602educational program or institution that is accredited by MEAC.
625625 603 (e) The board may license in a like manner, without examination, any midwife who has
626626 604been licensed in another state under laws which, in the opinion of the board, require
627627 605qualifications and maintain standards substantially the same as those of this commonwealth for 31 of 49
628628 606licensed certified professional midwives; provided, however, that such midwife applies and
629629 607remits to the board the appropriate application fee under this section.
630630 608 (f) The board may petition a court of competent jurisdiction for an injunction against any
631631 609person practicing midwifery without a license granted pursuant to this section. Proof of damage
632632 610or harm sustained by any person shall not be required for issuance of such an injunction. Nothing
633633 611in this section shall relieve a person from criminal prosecution for practicing midwifery without
634634 612a license.
635635 613 Section 294. (a) The board may, after a hearing pursuant to chapter 30A, suspend or
636636 614revoke the license of a licensed certified professional midwife or reprimand, censure or
637637 615otherwise discipline a licensed certified professional midwife for any of the reasons set forth in
638638 616section 61.
639639 617 (b) No person filing a complaint or reporting information pursuant to this section or
640640 618assisting the board at its request in any manner in discharging its duties and functions shall be
641641 619liable in any cause of action arising out of providing such information or assistance; provided,
642642 620however, that the person making the complaint or reporting such information or providing such
643643 621assistance does so in good faith.
644644 622 (c) A person subject to any disciplinary action taken by the board pursuant to this section
645645 623may file a petition for judicial review pursuant to section 64.
646646 624 Section 295. (a) A licensed certified professional midwife duly registered to issue written
647647 625prescriptions in accordance with the provisions of subsection (j) of section 7 of chapter 94C may
648648 626order, possess, purchase and administer pharmaceutical agents consistent with the scope of
649649 627midwifery practice, including: (i) antihemorrhagic agents, including, but not limited to, oxytocin, 32 of 49
650650 628misoprostol and methergine; (ii) intravenous fluids for stabilization; (iii) vitamin K; (iv) eye
651651 629prophylaxes; (v) oxygen; (vi) antibiotics for Group B Streptococcal; (vii) antibiotic prophylaxes;
652652 630(viii) Rho(D) immune globulin; (ix) local anesthetic; (x) epinephrine; and (xi) other
653653 631pharmaceutical agents identified by the board through rules or regulations in consultation with
654654 632the department of public health.
655655 633 (b) Nothing in this section shall be construed to permit a licensed certified professional
656656 634midwife’s use of pharmaceutical agents which are: (i) controlled substances as defined in chapter
657657 63594C, except for those listed in schedule VI; or (ii) not identified by the board of registration in
658658 636midwifery as consistent with the scope of midwifery practice pursuant to subsection (a).
659659 637 Section 296. When accepting a client for care, a licensed certified professional midwife
660660 638shall obtain the client’s informed consent, which shall be evidenced by a written statement in a
661661 639form prescribed by the board and signed by both the licensed certified professional midwife and
662662 640the client. The signed form shall be included in the client’s record of care. The form shall
663663 641include, but not be limited to, the following: (i) an acknowledgement that the licensed certified
664664 642professional midwife is not authorized to practice medicine; (ii) a description of written practice
665665 643guidelines, services provided and the risks and benefits of birth in the client’s chosen
666666 644environment; and (iii) disclosure that the client may be referred for a consultation with or have
667667 645their care transferred to a physician if the client requires care that is outside the midwife’s scope
668668 646of practice.
669669 647 Section 297. (a) A licensed certified professional midwife shall only provide care to a
670670 648client in the case of a low-risk pregnancy. If at any point during pregnancy, childbirth or
671671 649postpartum care a client or the newborn’s condition deviates from normal, it shall be the duty of 33 of 49
672672 650the licensed certified professional midwife to immediately refer or transfer the client or newborn
673673 651to a physician. If a physician determines that the client’s condition has been resolved such that
674674 652the risk factors presented by a client’s disease or condition are not likely to significantly affect
675675 653the course of pregnancy or childbirth, the licensed certified professional midwife may resume
676676 654care of the client and resume assisting the client during their pregnancy, childbirth or postpartum
677677 655care. A licensed certified professional midwife shall not provide or continue to provide
678678 656midwifery care to a client whose pregnancy is no longer low-risk; provided, however, in such
679679 657circumstances nothing in this section shall prohibit a licensed certified professional midwife
680680 658from remaining present in a supportive capacity throughout pregnancy and childbirth, in
681681 659accordance with the client’s wishes. If at any point after delivery, the newborn’s condition
682682 660deviates from normal, the licensed certified professional midwife shall immediately refer or
683683 661transfer the client to a physician.
684684 662 (b) A licensed certified professional midwife shall prepare, in a form prescribed by the
685685 663board, a written plan for the appropriate delivery of emergency care. The plan shall include, but
686686 664not be limited to: (i) consultation with other health care providers; (ii) emergency transfer to a
687687 665hospital; and (iii) access to neonatal intensive care units and obstetrical units or other patient care
688688 666areas.
689689 667 (c) A health care provider that consults with or accepts a transport, transfer or referral
690690 668from a licensed certified professional midwife, or that provides care to a client of a licensed
691691 669certified professional midwife or such client’s newborn, shall not be liable in a civil action for
692692 670personal injury or death resulting solely from an act or omission by the licensed certified
693693 671professional midwife. 34 of 49
694694 672 SECTION 39. Section 10A of chapter 118E of the General Laws, as appearing in the
695695 6732022 Official Edition, is hereby amended by striking out, in lines 17 and 21, the words “or
696696 674certified nurse midwife” and inserting in place thereof, in each instance, the following words:-
697697 675certified nurse-midwife or licensed certified professional midwife.
698698 676 SECTION 40. Said section 10A of said chapter 118E, as so appearing, is hereby further
699699 677amended by inserting after the first paragraph the following 2 paragraphs:-
700700 678 The division shall provide coverage for services rendered by a certified nurse-midwife
701701 679designated to engage in the practice of nurse-midwifery by the board of registration in nursing
702702 680pursuant to section 80C of chapter 112, and the payment rate for a service provided by a certified
703703 681nurse-midwife that is within the scope of the certified nurse-midwife’s authorization to practice
704704 682shall be equal to the payment rate for the same service if performed by a physician.
705705 683 The division shall provide coverage for midwifery services, including prenatal care,
706706 684childbirth and postpartum care, provided by a licensed certified professional midwife regardless
707707 685of the site of services.
708708 686 SECTION 41. Said chapter 118E is hereby further amended by inserting after section
709709 68710Q the following 5 sections:-
710710 688 Section 10R. (a) For the purposes of this section, “noninvasive prenatal screening” shall
711711 689mean a cell-free DNA prenatal screening to ascertain if a pregnancy has a risk of fetal
712712 690chromosomal aneuploidy; provided, however, that such screening shall include, but not be
713713 691limited to, an analysis of chromosomes 13, 18 and 21. 35 of 49
714714 692 (b) The division and its contracted health insurers, health plans, health maintenance
715715 693organizations, behavioral health management firms and third-party administrators under contract
716716 694to a Medicaid managed care organization or primary care clinician shall provide coverage under
717717 695all benefit plans for noninvasive prenatal screening and shall not limit availability and coverage
718718 696for such screening based on the age of the pregnant patient or any other risk factor, unless the
719719 697limitation is part of the generally accepted standards of professional practice as recommended by
720720 698the American College of Obstetricians and Gynecologists.
721721 699 Section 10S. The division and its contracted health insurers, health plans, health
722722 700maintenance organizations, behavioral health management firms and third-party administrators
723723 701under contract to a Medicaid managed care organization or primary care clinician plan shall
724724 702provide coverage for postpartum depression and major depressive disorder screenings conducted
725725 703pursuant to section 247 of chapter 111.
726726 704 Section 10T. (a) The division and its contracted health insurers, health plans, health
727727 705maintenance organizations, behavioral health management firms and third-party administrators
728728 706under contract to a Medicaid managed care organization or primary care clinician plan shall
729729 707provide coverage for the provision of medically necessary pasteurized donor human milk and
730730 708donor human milk-derived products; provided, however, that:
731731 709 (i) the milk is obtained from a human milk bank that meets quality guidelines established
732732 710by the department of public health;
733733 711 (ii) a licensed medical practitioner has issued a written order for the provision of such
734734 712human breast milk or donor human milk-derived products for the covered infant; and
735735 713 (iii) the covered infant is: 36 of 49
736736 714 (1) under the age of 6 months;
737737 715 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that
738738 716places the infant at a high risk for development of necrotizing enterocolitis or a congenital or
739739 717acquired condition that may benefit from the use of such human breast milk as determined by the
740740 718department of public health; and
741741 719 (3) medically or physically unable to receive maternal breast milk or participate in
742742 720breastfeeding or whose mother is medically or physically unable, despite receiving lactation
743743 721support, to produce maternal breast milk in sufficient quantities or caloric density.
744744 722 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled
745745 723payment arrangement, the commission shall include the cost of reimbursement provided under
746746 724subsection (a) for donor human milk and donor human milk-derived products in the development
747747 725of the reimbursement rate for such diagnosis related group or bundled payment.
748748 726 Section 10U. (a) For purposes of this section, the following terms shall have the
749749 727following meanings unless the context clearly requires otherwise:
750750 728 “Maternal and infant health outcomes”, outcomes arising for the gestational parent and
751751 729the gestational parent’s offspring during the pregnancy including pregnancy complications,
752752 730maternal morbidity, infant mortality and preterm births.
753753 731 “Doula services”, physical, emotional and informational support provided by trained
754754 732doulas to individuals and families during and after pregnancy, labor, childbirth, miscarriage,
755755 733stillbirth, adoption or pregnancy loss, as determined appropriate by the division; provided,
756756 734however, that “doula services” shall not constitute medical care. 37 of 49
757757 735 (b) The division and its contracted health insurers, health plans, health maintenance
758758 736organizations, behavioral health management firms and third-party administrators under contract
759759 737to a Medicaid managed care organization, accountable care organization or primary care
760760 738clinician plan shall provide coverage of doula services to pregnant individuals and postpartum
761761 739individuals up to 12 months following the end of the pregnancy and adoptive parents of infants
762762 740until the infants reach 1 year of age; provided, however, that the division shall cover not less than
763763 7416 doula visits across the prenatal and 1-year postpartum period or until an adopted infant reaches
764764 7421 year of age.
765765 743 (c) In determining the scope of doula services, the division shall consult with the
766766 744department of public health and bureau of family health and nutrition.
767767 745 Section 10V. The division and its and its contracted health insurers, health plans, health
768768 746maintenance organizations, behavioral health management firms and third-party administrators
769769 747under contract to a Medicaid managed care organization, accountable care organization or
770770 748primary care clinician plan or other entities contracting with the division to administer benefits
771771 749shall provide coverage for universal postpartum home visiting services, in accordance with
772772 750operational standards set by the department of public health pursuant to section 248 of chapter
773773 751111. Such coverage shall not be subject to any cost-sharing; provided, however, that cost-sharing
774774 752shall be required if the applicable plan is governed by the Internal Revenue Code and would lose
775775 753its tax-exempt status as a result of the prohibition on cost-sharing for this service.
776776 754 SECTION 42. Subsection (c) of section 148C of chapter 149 of the General Laws, as
777777 755appearing in the 2022 Official Edition, is hereby amended by striking out clauses (3) and (4) and
778778 756inserting in place thereof the following 3 clauses:- 38 of 49
779779 757 (3) attend the employee’s routine medical appointment or a routine medical appointment
780780 758for the employee’s child, spouse, parent or parent of spouse;
781781 759 (4) address the psychological, physical or legal effects of domestic violence as defined in
782782 760subsection (g1⁄2) of section 1 of chapter 151A, except that the definition of employee in
783783 761subsection (a) will govern for purposes of this section; or
784784 762 (5) address the employee’s own physical and mental health needs, and those of their
785785 763spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted
786786 764reproduction, adoption or surrogacy.
787787 765 SECTION 43. Section 47C of chapter 175 of the General Laws, as so appearing, is
788788 766hereby amended by striking out, in line 62, the word “annually” and inserting in place thereof the
789789 767following words:- once per calendar year.
790790 768 SECTION 44. Said chapter 175 is hereby further amended by inserting after section
791791 76947VV, inserted by section 145 of chapter 140 of the acts of 2024, the following 3 sections:-
792792 770 Section 47WW. Any policy, contract, agreement, plan or certificate of insurance issued,
793793 771delivered or renewed within the commonwealth, which is considered creditable coverage under
794794 772section 1 of chapter 111M, shall provide coverage for postpartum depression and major
795795 773depressive disorder screenings conducted pursuant to section 247 of chapter 111.
796796 774 Section 47XX. (a) Any policy, contract, agreement, plan or certificate of insurance
797797 775issued, delivered or renewed within the commonwealth, which is considered creditable coverage
798798 776under section 1 of chapter 111M, shall provide coverage for the provision of medically necessary
799799 777pasteurized donor human milk and donor human milk-derived products; provided, however, that: 39 of 49
800800 778 (i) the milk is obtained from a human milk bank that meets quality guidelines established
801801 779by the department of public health;
802802 780 (ii) a licensed medical practitioner has issued a written order for the provision of such
803803 781human breast milk or donor human milk-derived products for the covered infant; and
804804 782 (iii) the covered infant is:
805805 783 (1) under the age of 6 months;
806806 784 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that
807807 785places the infant at a high risk for development of necrotizing enterocolitis or a congenital or
808808 786acquired condition that may benefit from the use of such human breast milk as determined by the
809809 787department of public health; and
810810 788 (3) medically or physically unable to receive maternal breast milk or participate in
811811 789breastfeeding or whose mother is medically or physically unable, despite receiving lactation
812812 790support, to produce maternal breast milk in sufficient quantities or caloric density.
813813 791 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled
814814 792payment arrangement, the commission shall include the cost of reimbursement provided under
815815 793subsection (a) for donor human milk and donor human milk-derived products in the development
816816 794of the reimbursement rate for such diagnosis related group or bundled payment.
817817 795 Section 47YY. An individual policy of accident and sickness insurance issued pursuant to
818818 796section 108 that provides hospital expense and surgical expense insurance or a group blanket or
819819 797general policy of accident and sickness insurance issued pursuant to section 110 that provides
820820 798hospital expense and surgical expense insurance that is issued or renewed within the 40 of 49
821821 799commonwealth shall provide coverage for universal postpartum home visiting services, in
822822 800accordance with operational standards set by the department of public health pursuant to section
823823 801248 of chapter 111. Such coverage shall not be subject to any cost-sharing, including co-
824824 802payments and co-insurance, and shall not be subject to any deductible; provided, however, that
825825 803co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by
826826 804the Internal Revenue Code and would lose its tax-exempt status due to the prohibition on co-
827827 805payments, coinsurance or deductibles for these services.
828828 806 SECTION 45. Chapter 176A of the General Laws is hereby amended by inserting after
829829 807section 8WW, inserted by section 148 of chapter 140 of the acts of 2024, the following 3
830830 808sections:-
831831 809 Section 8XX. Any contract between a subscriber and the corporation under an individual
832832 810or group hospital service plan that is delivered, issued or renewed within the commonwealth
833833 811shall provide coverage for postpartum depression and major depressive disorder screenings
834834 812conducted pursuant to section 247 of chapter 111.
835835 813 Section 8YY. (a) Any contract between a subscriber and the corporation under an
836836 814individual or group hospital service plan that is delivered, issued or renewed within the
837837 815commonwealth shall provide coverage for the provision of medically necessary pasteurized
838838 816donor human milk and donor human milk-derived products; provided, however, that:
839839 817 (i) the milk is obtained from a human milk bank that meets quality guidelines established
840840 818by the department of public health;
841841 819 (ii) a licensed medical practitioner has issued a written order for the provision of such
842842 820human breast milk or donor human milk-derived products for the covered infant; and 41 of 49
843843 821 (iii) the covered infant is:
844844 822 (1) under the age of 6 months;
845845 823 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that
846846 824places the infant at a high risk for development of necrotizing enterocolitis or a congenital or
847847 825acquired condition that may benefit from the use of such human breast milk as determined by the
848848 826department of public health; and
849849 827 (3) medically or physically unable to receive maternal breast milk or participate in
850850 828breastfeeding or whose mother is medically or physically unable, despite receiving lactation
851851 829support, to produce maternal breast milk in sufficient quantities or caloric density.
852852 830 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled
853853 831payment arrangement, the commission shall include the cost of reimbursement provided under
854854 832subsection (a) for donor human milk and donor human milk-derived products in the
855855 833development of the reimbursement rate for such diagnosis related group or bundled payment.
856856 834 Section 8ZZ. Any contract between a subscriber and the corporation under an individual
857857 835or group hospital service plan which is delivered, issued or renewed within the commonwealth
858858 836shall provide coverage for universal postpartum home visiting services, in accordance with
859859 837operational standards set by the department of public health pursuant to section 248 of chapter
860860 838111. Such coverage shall not be subject to any cost-sharing, including co-payments and co-
861861 839insurance, and shall not be subject to any deductible; provided, however, that co-payments,
862862 840coinsurance or deductibles shall be required if the applicable plan is governed by the Internal
863863 841Revenue Code and would lose its tax-exempt status due to the prohibition on co-payments,
864864 842coinsurance or deductibles for these services. 42 of 49
865865 843 SECTION 46. Chapter 176B of the General Laws is hereby amended by inserting after
866866 844section 4WW, inserted by section 149 of chapter 140 of the acts of 2024, the following 3
867867 845sections:-
868868 846 Section 4XX. Any subscription certificate under an individual or group medical service
869869 847agreement delivered, issued or renewed within the commonwealth, which is considered
870870 848creditable coverage under section 1 of chapter 111M, shall provide coverage for postpartum
871871 849depression and major depressive disorder screenings conducted pursuant to section 247 of
872872 850chapter 111.
873873 851 Section 4YY. (a) Any subscription certificate under an individual or group medical
874874 852service agreement delivered, issued or renewed within the commonwealth, which is considered
875875 853creditable coverage under section 1 of chapter 111M, shall provide coverage for the provision of
876876 854medically necessary pasteurized donor human milk and donor human milk-derived products;
877877 855provided, however, that:
878878 856 (i) the milk is obtained from a human milk bank that meets quality guidelines established
879879 857by the department of public health;
880880 858 (ii) a licensed medical practitioner has issued a written order for the provision of such
881881 859human breast milk or donor human milk-derived products for the covered infant; and
882882 860 (iii) the covered infant is:
883883 861 (1) under the age of 6 months;
884884 862 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that
885885 863places the infant at a high risk for development of necrotizing enterocolitis or a congenital or 43 of 49
886886 864acquired condition that may benefit from the use of such human breast milk as determined by the
887887 865department of public health; and
888888 866 (3) medically or physically unable to receive maternal breast milk or participate in
889889 867breastfeeding or whose mother is medically or physically unable, despite receiving lactation
890890 868support, to produce maternal breast milk in sufficient quantities or caloric density.
891891 869 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled
892892 870payment arrangement, the commission shall include the cost of reimbursement provided under
893893 871subsection (a) for donor human milk and donor human milk-derived products in the development
894894 872of the reimbursement rate for such diagnosis related group or bundled payment.
895895 873 Section 4ZZ. Any subscription certificate under an individual or group medical service
896896 874agreement delivered, issued or renewed within the commonwealth shall provide coverage for
897897 875universal postpartum home visiting services, in accordance with operational standards set by the
898898 876department of public health pursuant to section 248 of chapter 111. Such coverage shall not be
899899 877subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to
900900 878any deductible; provided, however, that co-payments, coinsurance or deductibles shall be
901901 879required if the applicable plan is governed by the Internal Revenue Code and would lose its tax-
902902 880exempt status due to the prohibition on co-payments, coinsurance or deductibles for these
903903 881services.
904904 882 SECTION 47. Chapter 176G of the General Laws is hereby amended by inserting after
905905 883section 4OO, inserted by section 150 of chapter 140 of the acts of 2024, the following 3
906906 884sections:- 44 of 49
907907 885 Section 4PP. An individual or group health maintenance contract that is issued or
908908 886renewed within or without the commonwealth shall provide coverage for postpartum depression
909909 887and major depressive disorder screenings conducted pursuant to section 247 of chapter 111.
910910 888 Section 4QQ. (a) An individual or group health maintenance contract that is issued or
911911 889renewed within or without the commonwealth shall provide coverage for the provision of
912912 890medically necessary pasteurized donor human milk and donor human milk-derived products;
913913 891provided, however, that:
914914 892 (i) the milk is obtained from a human milk bank that meets quality guidelines established
915915 893by the department of public health;
916916 894 (ii) a licensed medical practitioner has issued a written order for the provision of such
917917 895human breast milk or donor human milk-derived products for the covered infant; and
918918 896 (iii) the covered infant is:
919919 897 (1) under the age of 6 months;
920920 898 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that
921921 899places the infant at a high risk for development of necrotizing enterocolitis or a congenital or
922922 900acquired condition that may benefit from the use of such human breast milk as determined by the
923923 901department of public health; and
924924 902 (3) medically or physically unable to receive maternal breast milk or participate in
925925 903breastfeeding or whose mother is medically or physically unable, despite receiving lactation
926926 904support, to produce maternal breast milk in sufficient quantities or caloric density. 45 of 49
927927 905 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled
928928 906payment arrangement, the commission shall include the cost of reimbursement provided under
929929 907subsection (a) for donor human milk and donor human milk-derived products in the development
930930 908of the reimbursement rate for such diagnosis related group or bundled payment.
931931 909 Section 4RR. Any individual or group health maintenance contract that is issued or
932932 910renewed within or without the commonwealth shall provide coverage for universal postpartum
933933 911home visiting services, in accordance with operational standards set by the department of public
934934 912health pursuant to section 248 of chapter 111. Such coverage shall not be subject to any cost-
935935 913sharing, including co-payments and co-insurance, and shall not be subject to any deductible;
936936 914provided, however, that co-payments, coinsurance or deductibles shall be required if the
937937 915applicable plan is governed by the Internal Revenue Code and would lose its tax-exempt status
938938 916due to the prohibition on co-payments, coinsurance or deductibles for these services.
939939 917 SECTION 48. (a) There shall be a task force on maternal health access and birthing
940940 918patient safety. The task force shall consist of: the commissioner of public health or a designee,
941941 919who shall serve as co-chair; the executive director of the health policy commission or a designee,
942942 920who shall serve as co-chair; the executive director of the center for health information and
943943 921analysis or a designee; the executive director of the Betsy Lehman center for patient safety and
944944 922medical error reduction or a designee; and 5 members appointed by the secretary of health and
945945 923human services, 1 of whom shall be a representative of the Massachusetts Health and Hospital
946946 924Association, Inc., 1 of whom shall be a representative of the Massachusetts Nurses Association,
947947 9251 of whom shall be a representative of the Massachusetts Medical Society, 1 of whom shall be
948948 926representative of the Perinatal-Neonatal Quality Improvement Network of Massachusetts and 1
949949 927of whom shall be a representative of the Neighborhood Birth Center, Inc. 46 of 49
950950 928 (b) The task force shall study and report maternal health access and birthing patient
951951 929safety. The task force shall: (i) study the current availability of and access to maternal health
952952 930services and maternal health care across regions of the commonwealth and among birthing
953953 931patient populations, including the essential service closure process, the adequacy of the maternal
954954 932health care workforce and other topics identified in subsection (c); (ii) identify methods to
955955 933increase the financial investment in and patient access to maternal health care across the
956956 934commonwealth and ensure equitable access for the most vulnerable birthing patient populations;
957957 935and (iii) issue a report on the task force’s findings and policy recommendations.
958958 936 (c) The task force shall study: (i) past essential services closures for inpatient maternity
959959 937units and acute-level birthing centers and closures of community-based, office-based and
960960 938preventative maternal health care, including family planning services, obstetrics and gynecology
961961 939services and midwifery services; (ii) patient quality and safety considerations of essential service
962962 940closures of maternal care units, including quality, safety and staffing regulatory requirements
963963 941promulgated by the department of public health that inform acute level maternal care essential
964964 942service closures; and (iii) demographic information on patient populations whose access has been
965965 943most affected by past closures of or current limitations on the availability of maternal care
966966 944services, including, but not limited to, geography, type of insurance coverage, age, race,
967967 945ethnicity, income status, LGBTQIA+ status and immigration status.
968968 946 (d) Not later than September 1, 2025, the task force shall submit its report to the clerks of
969969 947the senate and house of representatives, the joint committee on health care financing and the joint
970970 948committee on public health. 47 of 49
971971 949 SECTION 49. Notwithstanding any general or special law to the contrary, for the initial
972972 950appointments by the governor to the board of registration in midwifery pursuant to section 110 of
973973 951chapter 13 of the General Laws, inserted by section 5, the 5 members required to be licensed
974974 952certified professional midwives shall be persons with at least 5 years of experience in the
975975 953practice of midwifery who hold a certificate of completion or equivalent from an educational
976976 954program or institution accredited by the Midwifery Education Accreditation Council.
977977 955 SECTION 50. The board of registration in midwifery established pursuant to section 110
978978 956of chapter 13 of the General Laws, inserted by section 5, shall issue temporary licensure for
979979 957individuals practicing midwifery and shall promulgate regulations for the temporary licensure of
980980 958individuals practicing midwifery within 180 days of the effective date of this act. Such
981981 959temporary licenses shall be valid until the date established by the board pursuant to section 55 by
982982 960which individuals practicing midwifery shall be licensed.
983983 961 SECTION 51. The board of registration in midwifery established pursuant to section 110
984984 962of chapter 13 of the General Laws, inserted by section 5, except as provided in section 50, shall
985985 963adopt rules and promulgate regulations pursuant to this act within 1 year from the effective date
986986 964of this act.
987987 965 SECTION 52. (a) The department of public health shall promulgate regulations pursuant
988988 966to section 51M of chapter 111 of the General Laws, inserted by section 17, not later than 180
989989 967days after the effective date of this act.
990990 968 (b) Prior to promulgating initial regulations pursuant to said section 51M of said chapter
991991 969111, the department shall consider, when developing regulations, the standards adopted by the
992992 970American Association of Birth Centers and consult with Seven Sisters Birth Center LLC, 48 of 49
993993 971Neighborhood Birth Center, Inc., the Massachusetts Affiliate of ACNM, Inc. and other entities
994994 972operating or planning to open birth centers in the commonwealth.
995995 973 SECTION 53. The department of public health shall implement newborn screening
996996 974protocols for Duchenne muscular dystrophy pursuant to section 110A of chapter 111 of the
997997 975General Laws, as amended by section 18, not later than 18 months after the effective date of this
998998 976act.
999999 977 SECTION 54. All individuals practicing lactation consulting required to be licensed
10001000 978pursuant to section 23B of chapter 112 of the General Laws, as amended by sections 25 and 26,
10011001 979shall be licensed not later than January 1, 2026.
10021002 980 SECTION 55. The board of registration in midwifery established pursuant to section 110
10031003 981of chapter 13 of the General Laws, inserted by section 5, shall establish a date not later than 1
10041004 982year after said board adopts rules and promulgates regulations pursuant to this act by which
10051005 983individuals practicing midwifery consistent with section 291 of chapter 112 of the General Laws,
10061006 984inserted by section 38, shall be licensed.
10071007 985 SECTION 56. The governor shall convene the first meeting of the board of registration in
10081008 986midwifery established under section 110 of chapter 13 of the General Laws within 90 days from
10091009 987the effective date of this act. At such meeting, the board shall elect a chair and a secretary for its
10101010 988membership whose duties shall be established by the board.
10111011 989 SECTION 57. The department of public health shall promulgate regulations pursuant to
10121012 990subsection (j) of section 7 of chapter 94C of the General Laws, inserted by section 11, providing
10131013 991for the automatic registration of licensed certified professional midwives to issue written
10141014 992prescriptions within 180 days of the effective date of this act. 49 of 49
10151015 993 SECTION 58. The department of public health shall promulgate regulations pursuant to
10161016 994subsection (b) of section 248 of chapter 111 of the General Laws, inserted by section 21, for the
10171017 995establishment and administration of a statewide system of programs providing universal
10181018 996postpartum home visiting services within 90 days of the effective date of this act.