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2 | 2 | | HOUSE . . . . . . . . . . . . . . No. 4999 |
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3 | 3 | | The Commonwealth of Massachusetts |
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4 | 4 | | _______________ |
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5 | 5 | | The committee of conference on the disagreeing votes of the two branches with reference |
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6 | 6 | | to the Senate amendments (striking out all after the enacting clause and inserting in place thereof |
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7 | 7 | | the text contained in Senate document numbered 2928; and by striking out the title and inserting |
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8 | 8 | | in place thereof the following title: “An Act relative to increasing access to perinatal health |
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9 | 9 | | care.”) of the House Bill promoting access to midwifery care and out-of-hospital birth options |
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10 | 10 | | (House, No. 4785), reports recommending passage of the accompanying bill (House, No. 4999). |
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11 | 11 | | August 14, 2024. |
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12 | 12 | | Marjorie C. DeckerCindy F. FriedmanMichael J. MoranLiz MirandaKimberly N. FergusonPatrick O’Connor 2 of 49 |
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13 | 13 | | FILED ON: 8/14/2024 |
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14 | 14 | | HOUSE . . . . . . . . . . . . . . . No. 4999 |
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15 | 15 | | The Commonwealth of Massachusetts |
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16 | 16 | | _______________ |
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17 | 17 | | In the One Hundred and Ninety-Third General Court |
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18 | 18 | | (2023-2024) |
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19 | 19 | | _______________ |
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20 | 20 | | An Act promoting access to midwifery care and out-of-hospital birth options. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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22 | 22 | | of the same, as follows: |
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23 | 23 | | 1 SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after |
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24 | 24 | | 2section 16FF the following section:- |
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25 | 25 | | 3 Section 16GG. (a) As used in this section, the following words shall have the following |
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26 | 26 | | 4meanings unless the context clearly requires otherwise: |
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27 | 27 | | 5 “Eligible entity”, a non-profit or community-based organization or health center serving |
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28 | 28 | | 6perinatal individuals including, but not limited to: (i) a recognized Indian tribe or tribal |
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29 | 29 | | 7organization; (ii) an organization serving individuals from medically underserved populations |
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30 | 30 | | 8and other underserved populations; and (iii) a public health agency, including a municipal public |
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31 | 31 | | 9health department. |
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32 | 32 | | 10 “Medically underserved populations”, a historically underserved population or a |
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33 | 33 | | 11population within a geographic area with a lack of access to primary care, behavioral health or |
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34 | 34 | | 12perinatal healthcare providers or have a high infant mortality, high poverty or high elderly |
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35 | 35 | | 13population, as determined by the secretary. 3 of 49 |
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36 | 36 | | 14 “Perinatal health outcomes”, health outcomes related to perinatal individuals. |
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37 | 37 | | 15 “Perinatal individual”, an individual that: (i) is either pregnant or is within 12 months |
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38 | 38 | | 16from the date of giving birth; (ii) is a biological parent or an adoptive or foster parent who is |
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39 | 39 | | 17within 12 months from assuming custodial care of a child; or (iii) has lost a pregnancy due to a |
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40 | 40 | | 18stillbirth, miscarriage or a medical termination within the previous 12 months. |
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41 | 41 | | 19 “Secretary”, the secretary of health and human services. |
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42 | 42 | | 20 (b) Subject to appropriation, the secretary shall establish a program to award grants to |
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43 | 43 | | 21eligible entities to address mental health conditions and substance use disorders for perinatal |
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44 | 44 | | 22individuals. |
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45 | 45 | | 23 (c) The secretary shall promulgate regulations and guidelines as necessary to develop and |
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46 | 46 | | 24implement the grant application process and eligible uses of grant funds pursuant to this section. |
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47 | 47 | | 25 (d) The secretary shall give preference to eligible entities that: |
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48 | 48 | | 26 (i) are community-based organizations or entities partnering with community-based |
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49 | 49 | | 27organizations to address mental health conditions or substance use disorders in perinatal |
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50 | 50 | | 28individuals; and |
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51 | 51 | | 29 (ii) operate in areas with high rates of adverse perinatal health outcomes or significant |
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52 | 52 | | 30disparities in perinatal health outcomes, as determined by the secretary. |
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53 | 53 | | 31 (e) An eligible entity that receives a grant under this section shall use funds for |
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54 | 54 | | 32establishing or expanding programs that improve or address mental health, behavioral health or |
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55 | 55 | | 33substance use disorders for perinatal individuals with a focus on perinatal individuals from |
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56 | 56 | | 34medically underserved populations. 4 of 49 |
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57 | 57 | | 35 (f) The secretary shall provide, directly or by contract, technical assistance to eligible |
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58 | 58 | | 36entities seeking a grant or receiving a grant under this section for the development, use, |
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59 | 59 | | 37evaluation and post-grant period sustainability of the program proposed, established or expanded |
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60 | 60 | | 38through the grant. The secretary shall advertise or promote such technical assistance to eligible |
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61 | 61 | | 39entities to raise awareness about the grants and technical assistance. |
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62 | 62 | | 40 (g) The secretary shall promulgate regulations as necessary to implement subsection (f) |
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63 | 63 | | 41and for the collection of quantitative and qualitative data, delineated by demographic |
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64 | 64 | | 42information, on the activities conducted and individuals served pursuant to such grants. |
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65 | 65 | | 43 SECTION 2. Section 9 of chapter 13 of the General Laws, as appearing in the 2022 |
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66 | 66 | | 44Official Edition, is hereby amended by inserting after the word “counselors”, in line 7, the |
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67 | 67 | | 45following words:- , the board of registration in midwifery. |
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68 | 68 | | 46 SECTION 3. Section 11A of said chapter 13, as so appearing, is hereby amended by |
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69 | 69 | | 47striking out the first paragraph and inserting in place thereof the following paragraph:- |
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70 | 70 | | 48 There shall be a board of allied health professions, hereinafter called the board, which |
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71 | 71 | | 49shall consist of 15 members who are residents of the commonwealth to be appointed by the |
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72 | 72 | | 50governor, 3 of whom shall be qualified athletic trainers licensed pursuant to section 23B of |
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73 | 73 | | 51chapter 112, 2 of whom shall be occupational therapists licensed pursuant to said section 23B of |
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74 | 74 | | 52said chapter 112, 1 of whom shall be an occupational therapy assistant licensed pursuant to said |
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75 | 75 | | 53section 23B of said chapter 112, 2 of whom shall be physical therapists licensed pursuant to said |
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76 | 76 | | 54section 23B of said chapter 112, 1 of whom shall be a physical therapist assistant licensed |
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77 | 77 | | 55pursuant to said section 23B of said chapter 112, 3 of whom shall be lactation consultants |
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78 | 78 | | 56licensed pursuant to said section 23B of said chapter 112, 2 of whom shall be physicians licensed 5 of 49 |
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79 | 79 | | 57pursuant to section 2 of said chapter 112 and 1 of whom shall be selected from and shall |
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80 | 80 | | 58represent the general public. |
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81 | 81 | | 59 SECTION 4. Said section 11A of said chapter 13, as so appearing, is hereby further |
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82 | 82 | | 60amended by striking out, in lines 51 and 52, the words “or physical therapy” and inserting in |
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83 | 83 | | 61place thereof the following words:- physical therapy or lactation consulting. |
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84 | 84 | | 62 SECTION 5. Said chapter 13 is hereby further amended by adding the following section:- |
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85 | 85 | | 63 Section 110. (a) There shall be within the department of public health a board of |
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86 | 86 | | 64registration in midwifery, hereinafter called the board. The board shall consist of 9 members who |
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87 | 87 | | 65are residents of the commonwealth to be appointed by the governor, 5 of whom shall be |
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88 | 88 | | 66midwives licensed under section 293 of chapter 112 with not less than 5 years of experience in |
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89 | 89 | | 67the practice of midwifery, 1 of whom shall be an obstetrician-gynecologist licensed to practice |
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90 | 90 | | 68medicine under section 2 of said chapter 112 with experience working with midwives, 1 of |
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91 | 91 | | 69whom shall be a maternal-fetal medicine specialist licensed to practice medicine under said |
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92 | 92 | | 70section 2 of said chapter 112 with experience working with midwives, 1 of whom shall be a |
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93 | 93 | | 71certified nurse-midwife licensed under section 80B of said chapter 112 and authorized to practice |
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94 | 94 | | 72nurse-midwifery under section 80C of said chapter 112 and 1 of whom shall be a member of the |
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95 | 95 | | 73public. When making the appointments to the board, the governor shall consider members with |
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96 | 96 | | 74experience working on the issue of racial disparities in maternal health. The appointed members |
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97 | 97 | | 75of the board shall serve for terms of 3 years. Upon the expiration of a term of office, a member |
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98 | 98 | | 76shall continue to serve until a successor has been appointed and qualified. A member shall not |
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99 | 99 | | 77serve for more than 2 consecutive full terms; provided, however, that a person who is chosen to |
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100 | 100 | | 78fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive full 6 of 49 |
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101 | 101 | | 79terms in addition to the remainder of such unexpired term. A member may be removed by the |
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102 | 102 | | 80governor for neglect of duty, misconduct, malfeasance or misfeasance in the office after a written |
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103 | 103 | | 81notice of the charges against the member and sufficient opportunity to be heard thereon. Upon |
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104 | 104 | | 82the death, resignation or removal for cause of a member of the board, the governor shall fill the |
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105 | 105 | | 83vacancy for the remainder of that member’s term. |
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106 | 106 | | 84 (b) Annually, the board shall elect from its membership a chair and a secretary who shall |
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107 | 107 | | 85serve until their successors have been elected and qualified. The board shall meet not less than 4 |
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108 | 108 | | 86times annually and may hold additional meetings at the call of the chair or upon the request of |
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109 | 109 | | 87not less than 5 members. A quorum for the conduct of official business shall be a majority of |
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110 | 110 | | 88those appointed. Board members shall serve without compensation but shall be reimbursed for |
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111 | 111 | | 89actual and reasonable expenses incurred in the performance of their duties. The members shall be |
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112 | 112 | | 90public employees for the purposes of chapter 258 for all acts or omissions within the scope of |
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113 | 113 | | 91their duties as board members. |
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114 | 114 | | 92 SECTION 6. Chapter 32A of the General Laws is hereby amended by inserting after |
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115 | 115 | | 93section 17T, inserted by section 74 of chapter 140 of the acts of 2024, the following 3 sections:- |
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116 | 116 | | 94 Section 17U. The commission shall provide to any active or retired employee of the |
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117 | 117 | | 95commonwealth who is insured under the group insurance commission coverage for postpartum |
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118 | 118 | | 96depression and major depressive disorder screenings conducted pursuant to section 247 of |
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119 | 119 | | 97chapter 111. |
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120 | 120 | | 98 Section 17V. (a) The commission shall provide to any active or retired employee of the |
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121 | 121 | | 99commonwealth who is insured under the group insurance commission coverage for the provision 7 of 49 |
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122 | 122 | | 100of medically necessary pasteurized donor human milk and donor human milk-derived products; |
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123 | 123 | | 101provided, however, that: |
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124 | 124 | | 102 (i) the milk is obtained from a human milk bank that meets quality guidelines established |
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125 | 125 | | 103by the department of public health; |
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126 | 126 | | 104 (ii) a licensed medical practitioner has issued a written order for the provision of such |
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127 | 127 | | 105human breast milk or donor human milk-derived products for the covered infant; and |
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128 | 128 | | 106 (iii) the covered infant is: |
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129 | 129 | | 107 (1) under the age of 6 months; |
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130 | 130 | | 108 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that |
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131 | 131 | | 109places the infant at a high risk for development of necrotizing enterocolitis or a congenital or |
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132 | 132 | | 110acquired condition that may benefit from the use of such human breast milk as determined by the |
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133 | 133 | | 111department of public health; and |
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134 | 134 | | 112 (3) medically or physically unable to receive maternal breast milk or participate in |
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135 | 135 | | 113breastfeeding or whose mother is medically or physically unable, despite receiving lactation |
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136 | 136 | | 114support, to produce maternal breast milk in sufficient quantities or caloric density. |
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137 | 137 | | 115 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled |
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138 | 138 | | 116payment arrangement, the commission shall include the cost of reimbursement provided under |
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139 | 139 | | 117subsection (a) for donor human milk and donor human milk-derived products in the development |
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140 | 140 | | 118of the reimbursement rate for such diagnosis related group or bundled payment. |
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141 | 141 | | 119 Section 17W. The commission shall provide to any active or retired employee of the |
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142 | 142 | | 120commonwealth who is insured under the group insurance commission coverage for universal 8 of 49 |
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143 | 143 | | 121postpartum home visiting services in accordance with operational standards set by the |
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144 | 144 | | 122department of public health pursuant to section 248 of chapter 111. Such coverage shall not be |
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145 | 145 | | 123subject to cost-sharing, including co-payments and co-insurance, and shall not be subject to any |
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146 | 146 | | 124deductible; provided, however, that cost-sharing shall be required if the applicable plan is |
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147 | 147 | | 125governed by the Internal Revenue Code and would lose its tax-exempt status as a result of the |
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148 | 148 | | 126prohibition on cost-sharing for this service. |
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149 | 149 | | 127 SECTION 7. Section 1E of chapter 46 of the General Laws, as appearing in the 2022 |
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150 | 150 | | 128Official Edition, is hereby amended by inserting after the definition of “Administrator” the |
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151 | 151 | | 129following definition:- |
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152 | 152 | | 130 “Certified nurse-midwife”, a nurse licensed under section 80B of said chapter 112 and |
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153 | 153 | | 131authorized to practice nurse-midwifery under section 80C of said chapter 112. |
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154 | 154 | | 132 SECTION 8. Said section 1E of said chapter 46, as so appearing, is hereby further |
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155 | 155 | | 133amended by inserting after the definition of “Hospital medical officer” the following definition:- |
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156 | 156 | | 134 “Licensed certified professional midwife”, a midwife licensed to practice by the board of |
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157 | 157 | | 135registration in midwifery pursuant to section 293 of chapter 112. |
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158 | 158 | | 136 SECTION 9. Section 3B of said chapter 46, as so appearing, is hereby amended by |
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159 | 159 | | 137inserting after the word “physician”, in line 1, the following words:- , certified nurse-midwife or |
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160 | 160 | | 138licensed certified professional midwife. |
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161 | 161 | | 139 SECTION 10. Section 1 of chapter 94C of the General Laws, as so appearing, is hereby |
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162 | 162 | | 140amended by inserting after the definition of “Isomer” the following definition:- 9 of 49 |
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163 | 163 | | 141 “Licensed certified professional midwife”, a midwife licensed to practice by the board of |
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164 | 164 | | 142registration in midwifery pursuant to section 293 of chapter 112. |
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165 | 165 | | 143 SECTION 11. Section 7 of said chapter 94C, as so appearing, is hereby amended by |
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166 | 166 | | 144adding the following subsection:- |
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167 | 167 | | 145 (j) The commissioner shall promulgate regulations that provide for the automatic |
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168 | 168 | | 146registration of licensed certified professional midwives, upon the receipt of the fee as herein |
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169 | 169 | | 147provided, to issue written prescriptions in accordance with the provisions of section 295 of |
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170 | 170 | | 148chapter 112 and the regulations issued by the board of registration in midwifery under said |
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171 | 171 | | 149section 295 of said chapter 112, unless the registration of such licensed certified professional |
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172 | 172 | | 150midwife has been suspended or revoked pursuant to the provisions of section 13 or section 14 or |
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173 | 173 | | 151unless such registration is denied for cause by the commissioner pursuant to chapter 30A. Prior |
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174 | 174 | | 152to promulgating such regulations, the commissioner shall consult with the board of registration in |
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175 | 175 | | 153midwifery and the department of public health. |
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176 | 176 | | 154 SECTION 12. Section 9 of said chapter 94C, as so appearing, is hereby amended by |
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177 | 177 | | 155inserting after the figure “112”, in line 7, the following words:- , licensed certified professional |
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178 | 178 | | 156midwife as limited by subsection (j) of said section 7 and section 295 of said chapter 112. |
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179 | 179 | | 157 SECTION 13. Said section 9 of said chapter 94C, as so appearing, is hereby further |
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180 | 180 | | 158amended by inserting after the word “midwife”, in lines 24, 33, 38, 69, 75, 78 and 87, in each |
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181 | 181 | | 159instance, the following words:- , licensed certified professional midwife. |
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182 | 182 | | 160 SECTION 14. Said section 9 of said chapter 94C, as so appearing, is hereby further |
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183 | 183 | | 161amended by inserting after the word “nurse-midwifery”, in line 29, the following word:- , |
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184 | 184 | | 162midwifery. 10 of 49 |
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185 | 185 | | 163 SECTION 15. Section 24O of chapter 111 of the General Laws, as inserted by section 43 |
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186 | 186 | | 164of chapter 28 of the acts of 2023, is hereby amended by striking out subsection (d), the second |
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187 | 187 | | 165time the subsection appears, and subsection (e), and inserting in place thereof the following 3 |
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188 | 188 | | 166subsections:- |
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189 | 189 | | 167 (e)(1) The committee shall consist of the following members: the commissioner, or their |
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190 | 190 | | 168designee, who shall serve as chair; the assistant secretary for MassHealth, or their designee, a |
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191 | 191 | | 169representative of the department of public health; the executive director of the health policy |
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192 | 192 | | 170commission, or their designee; a representative of the Perinatal-Neonatal Quality Improvement |
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193 | 193 | | 171Network of Massachusetts; the chief medical examiner, or their designee; the chair of the |
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194 | 194 | | 172Massachusetts chapter of the American College of Obstetrics and Gynecology, or their designee; |
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195 | 195 | | 173the chair of the Massachusetts chapter of the American College of Nurse Midwives, or their |
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196 | 196 | | 174designee; the chair of the Massachusetts chapter of the Association of Women's Health, Obstetric |
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197 | 197 | | 175and Neonatal Nurses, or their designee; and the commissioner shall appoint the following |
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198 | 198 | | 176members: a medical professional with obstetric and neonatal nursing training; a medical |
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199 | 199 | | 177professional with training in cardiology; a medical professional with training in pathology; a |
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200 | 200 | | 178medical professional with expertise in substance use prevention and treatment; a psychology, |
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201 | 201 | | 179social work or other mental health professional; a representative from academia in a relevant |
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202 | 202 | | 180field; a medical professional with formal anesthesiology training; a medical professional with |
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203 | 203 | | 181maternal fetal medicine or perinatology training; a medical professional with psychiatric |
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204 | 204 | | 182training; a medical professional with family medicine training; the director of a federally-funded |
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205 | 205 | | 183Healthy Start program, or their designee; 2 individuals who practice as doulas; 2 community or |
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206 | 206 | | 184family members who have been directly affected by a maternal death; a member of a 11 of 49 |
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207 | 207 | | 185community-based organization; a representative from the department of children and families; |
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208 | 208 | | 186and a law enforcement officer. |
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209 | 209 | | 187 (2) Each member, other than the commissioner, shall serve for a term of 3 years and until |
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210 | 210 | | 188their successor is appointed. Nothing in this section shall prohibit the commissioner from |
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211 | 211 | | 189appointing a committee member to serve additional terms. The committee shall convene as |
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212 | 212 | | 190deemed necessary by the department. The commissioner shall, to the extent feasible, appoint |
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213 | 213 | | 191members representing the racial, ethnic and geographic diversity of the commonwealth and shall |
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214 | 214 | | 192prioritize appointing members from communities and groups most impacted by maternal |
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215 | 215 | | 193mortality and maternal morbidity. |
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216 | 216 | | 194 (f) Not later than December 31 of each even-numbered year, the committee shall submit |
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217 | 217 | | 195to the clerks of the house of representatives and the senate, the house and senate committees on |
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218 | 218 | | 196ways and means and the joint committee on public health a report, including, but not limited to: |
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219 | 219 | | 197 (i) a description of the incidents of maternal mortality and severe maternal morbidity |
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220 | 220 | | 198reviewed during the immediately preceding 24 months, provided in a manner that shall not allow |
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221 | 221 | | 199for the identification of any person; |
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222 | 222 | | 200 (ii) a summary of the disparities identified and reviewed; |
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223 | 223 | | 201 (iii) recommendations to reduce maternal mortality and severe maternal morbidity in the |
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224 | 224 | | 202commonwealth; and |
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225 | 225 | | 203 (iv) recommendations for any legislation or other changes to policy to reduce maternal |
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226 | 226 | | 204mortality and severe maternal morbidity or otherwise improve the delivery of health care in the |
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227 | 227 | | 205commonwealth. 12 of 49 |
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228 | 228 | | 206 (g) Notwithstanding any general or special law to the contrary, upon the determination of |
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229 | 229 | | 207a majority of the committee that the review of any information or record is necessary to carry out |
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230 | 230 | | 208the purpose of this section, the committee shall request and the relevant offices and agencies |
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231 | 231 | | 209shall provide requested records or information from any agency, department or office of the |
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232 | 232 | | 210commonwealth including, but not limited to: (i) the executive office of health and human |
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233 | 233 | | 211services and its constituent agencies; (ii) the executive office of public safety and security; (iii) |
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234 | 234 | | 212the center for health information and analysis; (iv) the office of patient protection; (v) a health |
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235 | 235 | | 213care facility, state comprehensive health planning agency or acute-care hospital as defined in |
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236 | 236 | | 214section 25B; and (vi) a health care provider or professional licensed pursuant to chapter 112. The |
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237 | 237 | | 215committee may receive and solicit voluntary information, including oral or written statements |
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238 | 238 | | 216relating to any case that may come before the committee from any public or private entity and |
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239 | 239 | | 217any person including, but not limited to, a patient in a case of maternal morbidity. |
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240 | 240 | | 218 SECTION 16. Said chapter 111 is hereby further amended by inserting after section 24O |
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241 | 241 | | 219the following section:- |
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242 | 242 | | 220 Section 24P. (a) As used in this section the following words shall, unless the context |
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243 | 243 | | 221clearly requires otherwise, have the following meanings: |
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244 | 244 | | 222 “Fetal death”, as defined in section 202. |
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245 | 245 | | 223 “Infant death”, the death of an infant that occurs between the birth of the infant and 1 |
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246 | 246 | | 224year of age. |
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247 | 247 | | 225 (b) The department shall establish a program to conduct an in-depth fetal and infant |
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248 | 248 | | 226mortality review of each individual fetal or infant death occurring within the commonwealth in |
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249 | 249 | | 227order to identify social, economic and systems factors associated with fetal and infant deaths and 13 of 49 |
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250 | 250 | | 228inform public health policy programs. For each case of fetal or infant death to be reviewed, the |
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251 | 251 | | 229department may collect relevant data from a variety of sources including, but not limited to, |
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252 | 252 | | 230physician and hospital records and relevant information from local boards of health and |
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253 | 253 | | 231community organizations. |
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254 | 254 | | 232 (c) The department shall promulgate regulations consistent with this section regarding the |
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255 | 255 | | 233process for conducting fetal infant mortality reviews, which shall include provisions for |
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256 | 256 | | 234protecting confidential information and guidance from the federal Health Resources and Services |
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257 | 257 | | 235Administration’s National Fetal, Infant, and Child Death Review Program. |
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258 | 258 | | 236 SECTION 17. Said chapter 111 is hereby further amended by inserting after section 51L |
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259 | 259 | | 237the following section:- |
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260 | 260 | | 238 Section 51M. (a) The department shall promulgate regulations relative to the operation |
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261 | 261 | | 239and maintenance of birth centers licensed as clinics pursuant to section 51, hereinafter referred to |
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262 | 262 | | 240as “freestanding birth centers”. |
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263 | 263 | | 241 (b) The regulations shall include, but shall not be limited to, requirements that a licensed |
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264 | 264 | | 242freestanding birth center have: |
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265 | 265 | | 243 (i) a detailed and written plan on the premises for transfer of a client to a nearby hospital |
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266 | 266 | | 244providing obstetrical and newborn services as needed for emergency treatment beyond that |
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267 | 267 | | 245provided by the birth center; |
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268 | 268 | | 246 (ii) policies and procedures to ensure coordination of ongoing care and transfer when |
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269 | 269 | | 247complications occur that render the patient ineligible for birth center care during the antepartum, |
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270 | 270 | | 248intrapartum or postpartum period; 14 of 49 |
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271 | 271 | | 249 (iii) an administrative director responsible for implementing and overseeing the |
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272 | 272 | | 250operational policies of the birth center; |
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273 | 273 | | 251 (iv) a director of clinical affairs on staff who shall be a certified nurse-midwife, licensed |
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274 | 274 | | 252certified professional midwife or physician licensed to practice in the commonwealth whose |
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275 | 275 | | 253professional scope of practice includes preconception, prenatal, labor, birth and postpartum care |
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276 | 276 | | 254and early care of the newborn and who may be the primary attendants during the perinatal |
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277 | 277 | | 255period; and |
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278 | 278 | | 256 (v) birth attendants that are certified nurse-midwives, licensed certified professional |
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279 | 279 | | 257midwives, physicians or other providers licensed to practice in the commonwealth whose |
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280 | 280 | | 258professional scope of practice includes preconception, prenatal, labor, birth and postpartum care |
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281 | 281 | | 259and early care of the newborn and who may be the primary attendants in accordance with their |
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282 | 282 | | 260professional scope of practice. |
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283 | 283 | | 261 (c) The department shall not require a licensed freestanding birth center or the directors |
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284 | 284 | | 262and providers on staff to practice under the supervision of a hospital or another health care |
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285 | 285 | | 263provider or to enter into an agreement, written or otherwise, with another hospital or health care |
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286 | 286 | | 264provider, or maintain privileges at a hospital. |
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287 | 287 | | 265 (d) In order to be licensed as a freestanding birth center pursuant to subsection (a) and |
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288 | 288 | | 266under section 51 by the department, a freestanding birth center shall provide reimbursable |
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289 | 289 | | 267services to individuals with public health insurance on a non-discriminatory basis. |
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290 | 290 | | 268 (e) Only freestanding birth centers and hospital-affiliated birth centers licensed by the |
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291 | 291 | | 269department shall include the words “birth center” or “birthing center” in such center’s name. 15 of 49 |
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292 | 292 | | 270 SECTION 18. Section 110A of said chapter 111, as appearing in the 2022 Official |
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293 | 293 | | 271Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the |
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294 | 294 | | 272following paragraph:- |
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295 | 295 | | 273 The physician attending a newborn child shall cause said child to be subjected to tests for |
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296 | 296 | | 274phenylketonuria, cretinism, Duchenne muscular dystrophy and such other specifically treatable |
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297 | 297 | | 275genetic or biochemical disorders or treatable infectious diseases which may be determined by |
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298 | 298 | | 276testing as specified by the commissioner. The commissioner shall convene an advisory |
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299 | 299 | | 277committee on newborn screening to assist the commissioner in determining which tests are |
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300 | 300 | | 278necessary; provided, however, that said advisory committee shall convene not less than twice per |
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301 | 301 | | 279year. |
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302 | 302 | | 280 SECTION 19. Section 202 of said chapter 111, as so appearing, is hereby amended by |
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303 | 303 | | 281inserting after the word “physician”, in line 17, the following words:- , certified nurse-midwife |
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304 | 304 | | 282or licensed certified professional midwife. |
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305 | 305 | | 283 SECTION 20. Said section 202 of said chapter 111, as so appearing, is hereby further |
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306 | 306 | | 284amended by inserting after the word “attendance”, in line 17, the following words:- , or without |
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307 | 307 | | 285the attendance of a certified nurse-midwife or licensed certified professional midwife. |
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308 | 308 | | 286 SECTION 21. Said chapter 111 is hereby further amended by adding the following 4 |
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309 | 309 | | 287sections:- |
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310 | 310 | | 288 Section 245. (a) The commissioner shall develop and disseminate to the public, |
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311 | 311 | | 289information regarding pregnancy loss, including miscarriage and recurrent miscarriage, which |
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312 | 312 | | 290shall include information on: (i) the awareness of pregnancy loss and the incidence and |
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313 | 313 | | 291prevalence of pregnancy loss among pregnant people; and (ii) the accessibility of the range of 16 of 49 |
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314 | 314 | | 292evidence-based treatment options, as medically appropriate, for pregnancy loss, including, but |
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315 | 315 | | 293not limited to, comprehensive mental health supports, necessary procedures and medications and |
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316 | 316 | | 294culturally responsive supports including pregnancy loss doula care. The commissioner shall |
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317 | 317 | | 295ensure that information disseminated pursuant to this section is available in multiple languages, |
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318 | 318 | | 296including, but not limited to Spanish, Portuguese, Mandarin, Cantonese, Haitian Creole and other |
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319 | 319 | | 297spoken languages in the commonwealth. |
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320 | 320 | | 298 (b) The commissioner may disseminate information to the public directly through the |
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321 | 321 | | 299department’s website or through arrangements with agencies carrying out intra-agency |
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322 | 322 | | 300initiatives, nonprofit organizations, consumer groups, community organizations, institutions of |
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323 | 323 | | 301higher education or state or local public-private partnerships. |
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324 | 324 | | 302 (c) The commissioner shall develop and coordinate programs for conducting and |
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325 | 325 | | 303supporting evidence-based research with respect to the causes of pregnancy loss and treatment |
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326 | 326 | | 304options. |
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327 | 327 | | 305 (d) The commissioner shall, in consultation with and in accordance with guidelines from |
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328 | 328 | | 306relevant professional boards of registration, develop and disseminate to perinatal health care |
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329 | 329 | | 307workers information on pregnancy loss to ensure that such perinatal health care workers remain |
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330 | 330 | | 308informed about current information regarding pregnancy loss and prioritizing both the physical |
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331 | 331 | | 309and mental health care of patients experiencing pregnancy loss. For the purposes of this |
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332 | 332 | | 310subsection, the term “perinatal health care worker” shall include, but shall not be limited to, a |
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333 | 333 | | 311physician, certified nurse-midwife, licensed certified professional midwife, physician assistant, |
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334 | 334 | | 312nurse practitioner, clinical nurse specialist, doula, community health worker, peer supporter, 17 of 49 |
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335 | 335 | | 313licensed lactation consultant, nutritionist or dietitian, childbirth educator, social worker, trained |
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336 | 336 | | 314family support specialist or home visitor, and language interpreter or navigator. |
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337 | 337 | | 315 (e) The commissioner shall, in a manner that protects personal privacy and complies with |
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338 | 338 | | 316federal law, collect and assess data regarding pregnancy loss, including information |
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339 | 339 | | 317disaggregated by race, ethnicity, health insurance status, disability, income level and geography |
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340 | 340 | | 318on the prevalence of, the incidence of and knowledge about pregnancy loss. |
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341 | 341 | | 319 Section 246. (a) As used in this section, the following words shall have the following |
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342 | 342 | | 320meanings unless the context clearly requires otherwise: |
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343 | 343 | | 321 “Perinatal individual”, an individual that: (i) is either pregnant or is within 12 months |
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344 | 344 | | 322from the date of giving birth; (ii) is a biological parent or an adoptive or foster parent who is |
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345 | 345 | | 323within 12 months from assuming custodial care of a child; or (iii) has lost a pregnancy due to a |
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346 | 346 | | 324stillbirth, miscarriage or a medical termination within the previous 12 months. |
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347 | 347 | | 325 “Perinatal mood and anxiety disorders”, a mental health disorder experienced by an |
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348 | 348 | | 326individual during the period of time from the beginning of pregnancy up until 12 months |
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349 | 349 | | 327following the birth of a child or after the end of pregnancy, including, but not limited to, |
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350 | 350 | | 328postpartum depression, or major depressive disorder associated with: (i) the care of a child |
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351 | 351 | | 329experienced by a biological parent or an adoptive or foster parent who is within 12 months from |
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352 | 352 | | 330assuming custodial care of a child; or (ii) pregnancy loss experienced by an individual who has |
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353 | 353 | | 331lost a pregnancy due to a stillbirth, miscarriage or a medical termination within the previous 12 |
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354 | 354 | | 332months. |
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355 | 355 | | 333 (b) The department shall develop and maintain a comprehensive digital resource center |
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356 | 356 | | 334on perinatal mood and anxiety disorders. The digital resource center shall be available to the 18 of 49 |
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357 | 357 | | 335public at no cost on the department’s website, and shall include information and resources for: (i) |
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358 | 358 | | 336health care providers and organizations serving perinatal individuals to aid them in diagnosing, |
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359 | 359 | | 337treating or making appropriate referrals for individuals experiencing perinatal mood and anxiety |
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360 | 360 | | 338disorders; (ii) perinatal individuals and their families to aid them in understanding and |
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361 | 361 | | 339identifying perinatal mood and anxiety disorders and how to navigate available resources and |
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362 | 362 | | 340obtain treatment. |
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363 | 363 | | 341 (c) Prior to developing the comprehensive digital resource center, the department shall |
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364 | 364 | | 342consult with: (i) health care professionals, including, but not limited to, obstetricians, |
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365 | 365 | | 343gynecologists, pediatricians, primary care providers, certified nurse-midwives, licensed certified |
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366 | 366 | | 344professional midwives, psychiatrists, and other mental health clinicians; (ii) organizations |
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367 | 367 | | 345serving perinatal individuals; and (iii) health insurance carriers. |
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368 | 368 | | 346 (d) The department shall develop and implement a public information campaign to |
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369 | 369 | | 347promote awareness of perinatal mood and anxiety disorders, which shall promote the digital |
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370 | 370 | | 348resource center developed pursuant to this section. |
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371 | 371 | | 349 Section 247. (a) For the purposes of this section, “postnatal individual” shall refer to an |
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372 | 372 | | 350individual who: (i) is within 12 months of giving birth; (ii) is a biological parent or an adoptive |
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373 | 373 | | 351or foster parent that is within 12 months from assuming custodial care of a child; or (iii) has lost |
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374 | 374 | | 352a pregnancy due to a stillbirth, miscarriage or a medical termination within the previous 12 |
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375 | 375 | | 353months. |
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376 | 376 | | 354 (b) Every postnatal individual who receives health care services from a primary care |
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377 | 377 | | 355provider, obstetrician, gynecologist, certified nurse-midwife or licensed certified professional |
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378 | 378 | | 356midwife shall be offered a screening for postpartum depression or major depressive disorder and, 19 of 49 |
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379 | 379 | | 357if the postnatal individual does not object to such screening, such primary care provider, certified |
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380 | 380 | | 358nurse-midwife or licensed certified professional midwife shall ensure that the postnatal |
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381 | 381 | | 359individual is appropriately screened for postpartum depression or major depressive disorder in |
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382 | 382 | | 360line with evidence-based guidelines. |
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383 | 383 | | 361 (c) Every postnatal individual whose infant receives health care services from a |
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384 | 384 | | 362pediatrician shall be offered a screening for postpartum depression or major depressive disorder |
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385 | 385 | | 363by the infant’s pediatrician, and, if the postnatal individual does not object to such screening, |
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386 | 386 | | 364such pediatrician shall ensure that the postnatal individual is appropriately screened for |
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387 | 387 | | 365postpartum depression or major depressive disorder in accordance with evidence-based |
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388 | 388 | | 366guidelines. |
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389 | 389 | | 367 (d) If a health care professional administering a screening in accordance with this section |
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390 | 390 | | 368determines, based on the screening methodology administered, that the postnatal individual is |
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391 | 391 | | 369likely to be suffering from postpartum depression or major depressive disorder, such health care |
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392 | 392 | | 370professional shall discuss available treatments for postpartum depression or major depressive |
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393 | 393 | | 371disorder, including pharmacological treatments, and provide an appropriate referral to a mental |
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394 | 394 | | 372health clinician. |
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395 | 395 | | 373 Section 248. (a) As used in this section, the following words shall have the following |
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396 | 396 | | 374meanings unless the context clearly requires otherwise: |
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397 | 397 | | 375 “Programs”, entities or providers qualified by the department to provide universal |
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398 | 398 | | 376postpartum home visiting services. |
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399 | 399 | | 377 “Provider”, an entity or individual that provides universal postpartum home visiting |
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400 | 400 | | 378services. 20 of 49 |
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401 | 401 | | 379 “Universal postpartum home visiting services”, evidence-based, voluntary home or |
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402 | 402 | | 380community-based services for birthing people and caregivers with newborns, including, but not |
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403 | 403 | | 381limited to: (i) screenings for unmet health needs including reproductive health services; (ii) |
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404 | 404 | | 382maternal and infant nutritional needs; and (iii) emotional health supports, including postpartum |
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405 | 405 | | 383depression supports. |
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406 | 406 | | 384 (b) The department shall establish and administer a statewide system of programs |
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407 | 407 | | 385providing universal postpartum home visiting services; provided, however, that the department |
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408 | 408 | | 386may contract with third-party service providers. Services shall be delivered by a qualified health |
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409 | 409 | | 387professional with maternal and pediatric health training, as defined by the department; provided, |
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410 | 410 | | 388however, that at least 1 visit shall occur at the patient’s home or a mutually agreed upon location |
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411 | 411 | | 389within 8 weeks postpartum. |
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412 | 412 | | 390 (c) A provider of universal postpartum home visiting services shall determine whether a |
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413 | 413 | | 391recipient of its services is covered or may be eligible for coverage through an alternative source. |
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414 | 414 | | 392A provider shall request payment for services it provides from third-party payers pursuant to |
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415 | 415 | | 393chapters 32A, 118E, 175, 176A, 176B or 176G before payment is requested from the |
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416 | 416 | | 394department. |
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417 | 417 | | 395 (d) The department shall monitor and assess the effectiveness of universal postpartum |
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418 | 418 | | 396home visiting services. Programs which are in receipt of state or federal funding for said services |
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419 | 419 | | 397shall report such information as requested by the department for the purpose of monitoring, |
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420 | 420 | | 398assessing the effectiveness of such programs, initiating quality improvement and reducing health |
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421 | 421 | | 399disparities. 21 of 49 |
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422 | 422 | | 400 SECTION 22. Chapter 112 of the General Laws is hereby amended by inserting after |
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423 | 423 | | 401section 2D the following section:- |
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424 | 424 | | 402 Section 2E. A person shall not provide ultrasound services pertaining to a possible or |
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425 | 425 | | 403actual pregnancy except under the supervision of a provider or other licensed health care |
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426 | 426 | | 404professional who, acting within their scope of practice, provides medical care for people who are |
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427 | 427 | | 405pregnant or may become pregnant. |
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428 | 428 | | 406 SECTION 23. Section 23A of said chapter 112, as appearing in the 2022 Official Edition, |
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429 | 429 | | 407is hereby amended by striking out, in lines 1 and 2, the words “twenty-three A to twenty-three P” |
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430 | 430 | | 408and inserting in place thereof the following words:- 23A to 23P¾. |
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431 | 431 | | 409 SECTION 24. Said section 23A of said chapter 112, as so appearing, is hereby further |
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432 | 432 | | 410amended by inserting after the definition of “Board” the following 4 definitions:- |
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433 | 433 | | 411 “International board-certified lactation consultant”, a person who holds current |
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434 | 434 | | 412certification from the International Board of Lactation Consultant Examiners as a lactation |
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435 | 435 | | 413consultant after demonstrating the appropriate education, knowledge and experience necessary |
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436 | 436 | | 414for independent clinical practice. |
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437 | 437 | | 415 “International Board of Lactation Consultant Examiners”, the international certification |
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438 | 438 | | 416body that confers the International Board Certified Lactation Consultant credential and which is |
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439 | 439 | | 417independently accredited by the National Commission for Certifying Agencies. |
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440 | 440 | | 418 “Lactation consulting”, the clinical application of scientific principles and a |
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441 | 441 | | 419multidisciplinary body of evidence for evaluation, problem identification, treatment, education |
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442 | 442 | | 420and consultation to families regarding the course of lactation and infant feeding; including, but 22 of 49 |
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443 | 443 | | 421not limited to: (i) clinical lactation assessment through the systematic collection of subjective |
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444 | 444 | | 422and objective data; (ii) analysis of data and creation of a plan of care; (iii) development and |
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445 | 445 | | 423implementation of a lactation care plan with demonstration and instruction to parents and |
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446 | 446 | | 424communication to the primary health care provider; (iv) provision of lactation education to |
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447 | 447 | | 425parents and health care providers; and (v) recommendation and use of assistive devices. |
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448 | 448 | | 426 “Licensed lactation consultant”, a person licensed to practice lactation consulting in |
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449 | 449 | | 427accordance with section 23B. |
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450 | 450 | | 428 SECTION 25. Section 23B of said chapter 112, as so appearing, is hereby amended by |
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451 | 451 | | 429striking out, in line 8, the words “and physical therapist assistants” and inserting in place thereof |
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452 | 452 | | 430the following words:- , physical therapist assistants and lactation consultants. |
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453 | 453 | | 431 SECTION 26. The first paragraph of said section 23B of said chapter 112, as so |
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454 | 454 | | 432appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof |
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455 | 455 | | 433the following sentence:- An applicant who furnishes satisfactory proof that they are of good |
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456 | 456 | | 434moral character and that they have met the educational and clinical practice requirements set |
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457 | 457 | | 435forth in section 23F, 23G, 23H, 23I, 23J or 23J½ shall, upon payment of a fee determined by the |
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458 | 458 | | 436secretary of administration and finance, be examined by the board and, if the applicant is found |
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459 | 459 | | 437to be qualified and passes the examination, the applicant shall be licensed to practice. |
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460 | 460 | | 438 SECTION 27. Section 23C of said chapter 112, as so appearing, is hereby amended by |
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461 | 461 | | 439inserting after the word “assistant”, in line 4, the following words:- or lactation consultant. |
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462 | 462 | | 440 SECTION 28. Said section 23C of said chapter 112, as so appearing, is hereby further |
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463 | 463 | | 441amended by inserting after the word “chapter”, in line 11, the following words:- ; or as a licensed |
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464 | 464 | | 442lactation consultant. 23 of 49 |
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465 | 465 | | 443 SECTION 29. Section 23D of said chapter 112, as so appearing, is hereby amended by |
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466 | 466 | | 444inserting after the words “physical therapist assistant”, in line 3, the following words:- , or a |
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467 | 467 | | 445licensed lactation consultant. |
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468 | 468 | | 446 SECTION 30. Section 23E of said chapter 112, as so appearing, is hereby amended by |
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469 | 469 | | 447inserting after the word “assistant”, in line 8, the following words:- or lactation consultant. |
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470 | 470 | | 448 SECTION 31. Said section 23E of said chapter 112, as so appearing, is hereby further |
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471 | 471 | | 449amended by inserting after the word “therapy”, in line 14, the following words:- or lactation |
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472 | 472 | | 450consulting. |
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473 | 473 | | 451 SECTION 32. Said section 23E of said chapter 112, as so appearing, is hereby further |
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474 | 474 | | 452amended by inserting after the words “physical therapy services”, in line 21, the following |
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475 | 475 | | 453words:- or lactation consulting services. |
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476 | 476 | | 454 SECTION 33. Said section 23E of said chapter 112, as so appearing, is hereby further |
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477 | 477 | | 455amended by inserting after the words “physical therapist”, in line 24, the following words:- or |
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478 | 478 | | 456licensed lactation consultant. |
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479 | 479 | | 457 SECTION 34. Said chapter 112 is hereby further amended by inserting after section 23J |
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480 | 480 | | 458the following section:- |
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481 | 481 | | 459 Section 23J½. An applicant for licensure as a lactation consultant shall: |
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482 | 482 | | 460 (i) be not less than18 years of age; |
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483 | 483 | | 461 (ii) have submitted a completed application upon a form and in such manner as the board |
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484 | 484 | | 462prescribes, accompanied by applicable fees; 24 of 49 |
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485 | 485 | | 463 (iii) have met the education and clinical standards established for international board- |
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486 | 486 | | 464certified lactation consultants by the International Board of Lactation Consultant Examiners or |
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487 | 487 | | 465its successor organization; |
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488 | 488 | | 466 (iv) have passed an examination adopted or administered by the board; provided, |
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489 | 489 | | 467however, that the board may adopt a standardized national exam, including the examination |
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490 | 490 | | 468required for certification by the International Board of Lactation Consultant Examiners or a |
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491 | 491 | | 469successor or equivalent entity; and |
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492 | 492 | | 470 (v) have completed such other requirements as may be prescribed by the board. |
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493 | 493 | | 471 SECTION 35. Section 23K of said chapter 112, as appearing in the 2022 Official Edition, |
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494 | 494 | | 472is hereby amended by inserting after the words “physical therapy”, in line 9, the following |
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495 | 495 | | 473words:- or lactation consulting. |
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496 | 496 | | 474 SECTION 36. Section 23L of said chapter 112, as so appearing, is hereby amended by |
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497 | 497 | | 475striking out, in line 3, the words “or physical therapist assistant” and inserting in place thereof |
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498 | 498 | | 476the following words:- physical therapist assistant or licensed lactation consultant. |
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499 | 499 | | 477 SECTION 37. Said chapter 112 is hereby further amended by inserting after section |
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500 | 500 | | 47823P½ the following section:- |
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501 | 501 | | 479 Section 23P¾. (a) Except as otherwise provided in this section and sections 23C and 23E, |
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502 | 502 | | 480no person shall hold themselves out to others as a licensed lactation consultant unless they hold a |
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503 | 503 | | 481valid license issued in accordance with section 23B. |
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504 | 504 | | 482 (b) Nothing in this section shall be construed to prevent the practice of lactation |
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505 | 505 | | 483consulting by members of other licensed health care professions when such practice is consistent 25 of 49 |
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506 | 506 | | 484with the accepted standards and scope of practice for their respective professions; provided, |
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507 | 507 | | 485however, that such persons shall not use the title “licensed lactation consultant” unless licensed |
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508 | 508 | | 486pursuant to this chapter. |
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509 | 509 | | 487 (c) Nothing in this chapter shall prevent perinatal health workers from performing |
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510 | 510 | | 488breastfeeding education functions consistent with the accepted standards of their respective |
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511 | 511 | | 489occupations; provided, however, such persons shall not use the title “licensed lactation |
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512 | 512 | | 490consultant” unless licensed pursuant to this chapter. For the purposes of this subsection, |
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513 | 513 | | 491“perinatal health worker” shall mean any perinatal educator and support provider, including, but |
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514 | 514 | | 492not limited to, a doula, community health worker, peer counselor, peer supporter, breastfeeding |
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515 | 515 | | 493and lactation counselor, breastfeeding and lactation educator or peer counselor within the |
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516 | 516 | | 494Women, Infants, and Children Program, childbirth educator or social worker. |
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517 | 517 | | 495 SECTION 38. Said chapter 112 is hereby further amended by adding the following 8 |
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518 | 518 | | 496sections:- |
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519 | 519 | | 497 Section 290. As used in sections 291 to 297, inclusive, the following words shall have the |
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520 | 520 | | 498following meanings unless the context clearly requires otherwise: |
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521 | 521 | | 499 “Board”, the board of registration in midwifery, established under section 110 of chapter |
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522 | 522 | | 50013. |
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523 | 523 | | 501 “Certified nurse-midwife”, a nurse licensed under section 80B and authorized to practice |
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524 | 524 | | 502nurse-midwifery under section 80C. |
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525 | 525 | | 503 “Client”, a person under the care of a licensed certified professional midwife. 26 of 49 |
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526 | 526 | | 504 “Licensed certified professional midwife”, a person registered by the board to practice |
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527 | 527 | | 505midwifery in the commonwealth under section 293. |
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528 | 528 | | 506 “Low-risk pregnancy”, a pregnancy with no maternal or fetal factors that place the |
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529 | 529 | | 507pregnancy at significantly increased risk for complications, as determined through regulation by |
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530 | 530 | | 508the board in consultation with the department of public health, including, but not limited to, |
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531 | 531 | | 509factors related to maternal or fetal health conditions likely to affect the pregnancy and the |
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532 | 532 | | 510gestational age and presentation of the fetus at the time of labor and delivery. |
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533 | 533 | | 511 “MEAC”, the Midwifery Education Accreditation Council or its successor organization. |
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534 | 534 | | 512 “NARM”, the North American Registry of Midwives or its successor organization. |
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535 | 535 | | 513 Section 291. (a) The practice of midwifery by a licensed certified professional midwife |
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536 | 536 | | 514shall include, but shall not be limited to: |
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537 | 537 | | 515 (i) the practice of providing maternity care to a client during the preconception period and |
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538 | 538 | | 516the antepartum, intrapartum and postpartum periods of a low-risk pregnancy; |
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539 | 539 | | 517 (ii) the practice of providing newborn care; and |
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540 | 540 | | 518 (iii) prescribing, dispensing or administering pharmaceutical agents consistent with |
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541 | 541 | | 519section 295. |
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542 | 542 | | 520 (b) A licensed certified professional midwife shall accept and provide care to clients only |
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543 | 543 | | 521in accordance with the scope and standards of practice under this section and regulations |
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544 | 544 | | 522promulgated by the board pursuant to section 292. 27 of 49 |
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545 | 545 | | 523 (c) The practice of midwifery shall not constitute the practice of medicine, certified |
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546 | 546 | | 524nurse-midwifery or emergency medical care. |
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547 | 547 | | 525 (d) Nothing in this section shall regulate, restrict or prohibit the practice, service or |
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548 | 548 | | 526activities of: |
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549 | 549 | | 527 (i) a person licensed in the commonwealth from engaging in activities within the scope of |
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550 | 550 | | 528practice of the profession or occupation for which such person is licensed, including, but not |
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551 | 551 | | 529limited to, the practice of a licensed physician, certified nurse-midwife or certified emergency |
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552 | 552 | | 530medical technician; provided, however, that such person does not represent to the public, directly |
---|
553 | 553 | | 531or indirectly, that such person is licensed under section 293 and that such person does not use |
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554 | 554 | | 532any name, title or designation indicating that such person is licensed under said section 293; |
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555 | 555 | | 533 (ii) a person employed as a midwife by the federal government or an agency thereof if |
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556 | 556 | | 534that person provides midwifery services solely under the direction and control of the |
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557 | 557 | | 535organization by which such person is employed; |
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558 | 558 | | 536 (iii) a traditional birth attendant who provides midwifery services to a client that has |
---|
559 | 559 | | 537cultural or religious birth traditions that have historically included the attendance of traditional |
---|
560 | 560 | | 538birth attendants; provided, however, that no fee for the traditional birth attendant’s services is |
---|
561 | 561 | | 539contemplated, charged or received and the birth attendant serves only individuals and families in |
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562 | 562 | | 540a distinct cultural or religious group; |
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563 | 563 | | 541 (iv) persons who are members of Native American communities and provide traditional |
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564 | 564 | | 542midwife services to their communities; or |
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565 | 565 | | 543 (v) any person rendering aid in an emergency. 28 of 49 |
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566 | 566 | | 544 Section 292. (a) The board shall: |
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567 | 567 | | 545 (i) adopt rules and promulgate regulations governing licensed certified professional |
---|
568 | 568 | | 546midwives and the practice of midwifery to promote the public health, welfare and safety |
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569 | 569 | | 547consistent with the essential competencies identified by NARM; |
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570 | 570 | | 548 (ii) administer the licensing process, including, but not limited to: (A) receiving, |
---|
571 | 571 | | 549reviewing, approving and rejecting applications for licensure; (B) issuing, renewing, suspending, |
---|
572 | 572 | | 550revoking and reinstating licenses; (C) investigating complaints against persons licensed under |
---|
573 | 573 | | 551section 293; and (D) holding hearings and ordering disciplinary sanctions against a person who |
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574 | 574 | | 552violates sections 290 to 297, inclusive, or any regulation promulgated by the board; |
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575 | 575 | | 553 (iii) establish administrative procedures for processing applications and renewals; |
---|
576 | 576 | | 554 (iv) adopt and provide a uniform, proctored examination for applicants to measure the |
---|
577 | 577 | | 555qualifications necessary for licensure; provided, however, that the board may adopt a |
---|
578 | 578 | | 556standardized national exam, including the examination required for certification by NARM or a |
---|
579 | 579 | | 557successor or equivalent entity; |
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580 | 580 | | 558 (v) develop practice standards for licensed certified professional midwives that shall |
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581 | 581 | | 559include, but not be limited to: (A) the adoption of ethical standards for licensed certified |
---|
582 | 582 | | 560professional midwives; (B) the maintenance of records of care, including client charts; (C) the |
---|
583 | 583 | | 561participation in peer review; (D) the development of standardized informed consent forms; and |
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584 | 584 | | 562(E) the development of a standardized written emergency transport plan forms relative to the |
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585 | 585 | | 563timely transfer of a newborn or client to a hospital; 29 of 49 |
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586 | 586 | | 564 (vi) promulgate regulations that may require licensed certified professional midwives to |
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587 | 587 | | 565have professional malpractice liability insurance or a suitable bond or other indemnity against |
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588 | 588 | | 566liability for professional malpractice in such an amount as may be determined by the board; |
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589 | 589 | | 567 (vii) establish and maintain records of its actions and proceedings in accordance with |
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590 | 590 | | 568public records laws; and |
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591 | 591 | | 569 (viii) adopt professional continuing education requirements for licensed certified |
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592 | 592 | | 570professional midwives seeking renewal consistent with those maintained by NARM. |
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593 | 593 | | 571 (b) Nothing in this section shall be construed to authorize the board to promulgate |
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594 | 594 | | 572regulations that require a licensed certified professional midwife to practice under the |
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595 | 595 | | 573supervision of or in collaboration with another health care provider. |
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596 | 596 | | 574 Section 293. (a) A person seeking licensure as a midwife under this section shall apply to |
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597 | 597 | | 575the board in writing on an application form prescribed and furnished by the board. The |
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598 | 598 | | 576application shall include a sworn statement and contain information satisfactory to the board to |
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599 | 599 | | 577demonstrate that the applicant possesses the qualifications necessary for licensure under this |
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600 | 600 | | 578section. |
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601 | 601 | | 579 (b) The initial license and renewal fee shall be established pursuant to section 3B of |
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602 | 602 | | 580chapter 7; provided, however, that such fees shall not exceed $200 biennially. The board, in |
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603 | 603 | | 581consultation with the secretary of administration and finance, shall institute a process for |
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604 | 604 | | 582applicants to apply for a financial hardship waiver, which may reduce or fully exempt an |
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605 | 605 | | 583applicant from paying the fee pursuant to this section. Fees collected by the board shall be |
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606 | 606 | | 584deposited into the Quality in Health Professions Trust Fund pursuant to section 35X of chapter 30 of 49 |
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607 | 607 | | 58510 to support board operations and administration and to reimburse board members for |
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608 | 608 | | 586reasonable expenses incurred in the performance of their official duties. |
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609 | 609 | | 587 (c) An applicant for licensure under this section shall: (i) be of good moral character; (ii) |
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610 | 610 | | 588be a graduate of a high school or its equivalent; (iii) have completed a formal midwifery |
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611 | 611 | | 589education and training program consistent with subsection (d); (iv) possess a valid certified |
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612 | 612 | | 590professional midwife credential from NARM; and (v) have satisfactorily completed the |
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613 | 613 | | 591examination required by the board. |
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614 | 614 | | 592 (d) An applicant for a license to practice midwifery as a licensed certified professional |
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615 | 615 | | 593midwife shall submit to the board as proof of successful completion of a formal midwifery |
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616 | 616 | | 594education and training program either: |
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617 | 617 | | 595 (i) a certificate of completion, or its equivalent, from an educational program or |
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618 | 618 | | 596institution accredited by MEAC; or |
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619 | 619 | | 597 (ii) a midwifery bridge certificate issued by NARM or a successor credential; provided, |
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620 | 620 | | 598however, that the applicant: (A) received such bridge certification on or after September 1, 2019 |
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621 | 621 | | 599and completed a midwifery education and training program from an educational program or |
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622 | 622 | | 600institution that is not accredited by MEAC; or (B) is licensed as a professional midwife in a state |
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623 | 623 | | 601that does not require completion of a midwifery education and training program from an |
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624 | 624 | | 602educational program or institution that is accredited by MEAC. |
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625 | 625 | | 603 (e) The board may license in a like manner, without examination, any midwife who has |
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626 | 626 | | 604been licensed in another state under laws which, in the opinion of the board, require |
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627 | 627 | | 605qualifications and maintain standards substantially the same as those of this commonwealth for 31 of 49 |
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628 | 628 | | 606licensed certified professional midwives; provided, however, that such midwife applies and |
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629 | 629 | | 607remits to the board the appropriate application fee under this section. |
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630 | 630 | | 608 (f) The board may petition a court of competent jurisdiction for an injunction against any |
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631 | 631 | | 609person practicing midwifery without a license granted pursuant to this section. Proof of damage |
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632 | 632 | | 610or harm sustained by any person shall not be required for issuance of such an injunction. Nothing |
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633 | 633 | | 611in this section shall relieve a person from criminal prosecution for practicing midwifery without |
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634 | 634 | | 612a license. |
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635 | 635 | | 613 Section 294. (a) The board may, after a hearing pursuant to chapter 30A, suspend or |
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636 | 636 | | 614revoke the license of a licensed certified professional midwife or reprimand, censure or |
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637 | 637 | | 615otherwise discipline a licensed certified professional midwife for any of the reasons set forth in |
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638 | 638 | | 616section 61. |
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639 | 639 | | 617 (b) No person filing a complaint or reporting information pursuant to this section or |
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640 | 640 | | 618assisting the board at its request in any manner in discharging its duties and functions shall be |
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641 | 641 | | 619liable in any cause of action arising out of providing such information or assistance; provided, |
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642 | 642 | | 620however, that the person making the complaint or reporting such information or providing such |
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643 | 643 | | 621assistance does so in good faith. |
---|
644 | 644 | | 622 (c) A person subject to any disciplinary action taken by the board pursuant to this section |
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645 | 645 | | 623may file a petition for judicial review pursuant to section 64. |
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646 | 646 | | 624 Section 295. (a) A licensed certified professional midwife duly registered to issue written |
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647 | 647 | | 625prescriptions in accordance with the provisions of subsection (j) of section 7 of chapter 94C may |
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648 | 648 | | 626order, possess, purchase and administer pharmaceutical agents consistent with the scope of |
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649 | 649 | | 627midwifery practice, including: (i) antihemorrhagic agents, including, but not limited to, oxytocin, 32 of 49 |
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650 | 650 | | 628misoprostol and methergine; (ii) intravenous fluids for stabilization; (iii) vitamin K; (iv) eye |
---|
651 | 651 | | 629prophylaxes; (v) oxygen; (vi) antibiotics for Group B Streptococcal; (vii) antibiotic prophylaxes; |
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652 | 652 | | 630(viii) Rho(D) immune globulin; (ix) local anesthetic; (x) epinephrine; and (xi) other |
---|
653 | 653 | | 631pharmaceutical agents identified by the board through rules or regulations in consultation with |
---|
654 | 654 | | 632the department of public health. |
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655 | 655 | | 633 (b) Nothing in this section shall be construed to permit a licensed certified professional |
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656 | 656 | | 634midwife’s use of pharmaceutical agents which are: (i) controlled substances as defined in chapter |
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657 | 657 | | 63594C, except for those listed in schedule VI; or (ii) not identified by the board of registration in |
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658 | 658 | | 636midwifery as consistent with the scope of midwifery practice pursuant to subsection (a). |
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659 | 659 | | 637 Section 296. When accepting a client for care, a licensed certified professional midwife |
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660 | 660 | | 638shall obtain the client’s informed consent, which shall be evidenced by a written statement in a |
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661 | 661 | | 639form prescribed by the board and signed by both the licensed certified professional midwife and |
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662 | 662 | | 640the client. The signed form shall be included in the client’s record of care. The form shall |
---|
663 | 663 | | 641include, but not be limited to, the following: (i) an acknowledgement that the licensed certified |
---|
664 | 664 | | 642professional midwife is not authorized to practice medicine; (ii) a description of written practice |
---|
665 | 665 | | 643guidelines, services provided and the risks and benefits of birth in the client’s chosen |
---|
666 | 666 | | 644environment; and (iii) disclosure that the client may be referred for a consultation with or have |
---|
667 | 667 | | 645their care transferred to a physician if the client requires care that is outside the midwife’s scope |
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668 | 668 | | 646of practice. |
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669 | 669 | | 647 Section 297. (a) A licensed certified professional midwife shall only provide care to a |
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670 | 670 | | 648client in the case of a low-risk pregnancy. If at any point during pregnancy, childbirth or |
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671 | 671 | | 649postpartum care a client or the newborn’s condition deviates from normal, it shall be the duty of 33 of 49 |
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672 | 672 | | 650the licensed certified professional midwife to immediately refer or transfer the client or newborn |
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673 | 673 | | 651to a physician. If a physician determines that the client’s condition has been resolved such that |
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674 | 674 | | 652the risk factors presented by a client’s disease or condition are not likely to significantly affect |
---|
675 | 675 | | 653the course of pregnancy or childbirth, the licensed certified professional midwife may resume |
---|
676 | 676 | | 654care of the client and resume assisting the client during their pregnancy, childbirth or postpartum |
---|
677 | 677 | | 655care. A licensed certified professional midwife shall not provide or continue to provide |
---|
678 | 678 | | 656midwifery care to a client whose pregnancy is no longer low-risk; provided, however, in such |
---|
679 | 679 | | 657circumstances nothing in this section shall prohibit a licensed certified professional midwife |
---|
680 | 680 | | 658from remaining present in a supportive capacity throughout pregnancy and childbirth, in |
---|
681 | 681 | | 659accordance with the client’s wishes. If at any point after delivery, the newborn’s condition |
---|
682 | 682 | | 660deviates from normal, the licensed certified professional midwife shall immediately refer or |
---|
683 | 683 | | 661transfer the client to a physician. |
---|
684 | 684 | | 662 (b) A licensed certified professional midwife shall prepare, in a form prescribed by the |
---|
685 | 685 | | 663board, a written plan for the appropriate delivery of emergency care. The plan shall include, but |
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686 | 686 | | 664not be limited to: (i) consultation with other health care providers; (ii) emergency transfer to a |
---|
687 | 687 | | 665hospital; and (iii) access to neonatal intensive care units and obstetrical units or other patient care |
---|
688 | 688 | | 666areas. |
---|
689 | 689 | | 667 (c) A health care provider that consults with or accepts a transport, transfer or referral |
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690 | 690 | | 668from a licensed certified professional midwife, or that provides care to a client of a licensed |
---|
691 | 691 | | 669certified professional midwife or such client’s newborn, shall not be liable in a civil action for |
---|
692 | 692 | | 670personal injury or death resulting solely from an act or omission by the licensed certified |
---|
693 | 693 | | 671professional midwife. 34 of 49 |
---|
694 | 694 | | 672 SECTION 39. Section 10A of chapter 118E of the General Laws, as appearing in the |
---|
695 | 695 | | 6732022 Official Edition, is hereby amended by striking out, in lines 17 and 21, the words “or |
---|
696 | 696 | | 674certified nurse midwife” and inserting in place thereof, in each instance, the following words:- |
---|
697 | 697 | | 675certified nurse-midwife or licensed certified professional midwife. |
---|
698 | 698 | | 676 SECTION 40. Said section 10A of said chapter 118E, as so appearing, is hereby further |
---|
699 | 699 | | 677amended by inserting after the first paragraph the following 2 paragraphs:- |
---|
700 | 700 | | 678 The division shall provide coverage for services rendered by a certified nurse-midwife |
---|
701 | 701 | | 679designated to engage in the practice of nurse-midwifery by the board of registration in nursing |
---|
702 | 702 | | 680pursuant to section 80C of chapter 112, and the payment rate for a service provided by a certified |
---|
703 | 703 | | 681nurse-midwife that is within the scope of the certified nurse-midwife’s authorization to practice |
---|
704 | 704 | | 682shall be equal to the payment rate for the same service if performed by a physician. |
---|
705 | 705 | | 683 The division shall provide coverage for midwifery services, including prenatal care, |
---|
706 | 706 | | 684childbirth and postpartum care, provided by a licensed certified professional midwife regardless |
---|
707 | 707 | | 685of the site of services. |
---|
708 | 708 | | 686 SECTION 41. Said chapter 118E is hereby further amended by inserting after section |
---|
709 | 709 | | 68710Q the following 5 sections:- |
---|
710 | 710 | | 688 Section 10R. (a) For the purposes of this section, “noninvasive prenatal screening” shall |
---|
711 | 711 | | 689mean a cell-free DNA prenatal screening to ascertain if a pregnancy has a risk of fetal |
---|
712 | 712 | | 690chromosomal aneuploidy; provided, however, that such screening shall include, but not be |
---|
713 | 713 | | 691limited to, an analysis of chromosomes 13, 18 and 21. 35 of 49 |
---|
714 | 714 | | 692 (b) The division and its contracted health insurers, health plans, health maintenance |
---|
715 | 715 | | 693organizations, behavioral health management firms and third-party administrators under contract |
---|
716 | 716 | | 694to a Medicaid managed care organization or primary care clinician shall provide coverage under |
---|
717 | 717 | | 695all benefit plans for noninvasive prenatal screening and shall not limit availability and coverage |
---|
718 | 718 | | 696for such screening based on the age of the pregnant patient or any other risk factor, unless the |
---|
719 | 719 | | 697limitation is part of the generally accepted standards of professional practice as recommended by |
---|
720 | 720 | | 698the American College of Obstetricians and Gynecologists. |
---|
721 | 721 | | 699 Section 10S. The division and its contracted health insurers, health plans, health |
---|
722 | 722 | | 700maintenance organizations, behavioral health management firms and third-party administrators |
---|
723 | 723 | | 701under contract to a Medicaid managed care organization or primary care clinician plan shall |
---|
724 | 724 | | 702provide coverage for postpartum depression and major depressive disorder screenings conducted |
---|
725 | 725 | | 703pursuant to section 247 of chapter 111. |
---|
726 | 726 | | 704 Section 10T. (a) The division and its contracted health insurers, health plans, health |
---|
727 | 727 | | 705maintenance organizations, behavioral health management firms and third-party administrators |
---|
728 | 728 | | 706under contract to a Medicaid managed care organization or primary care clinician plan shall |
---|
729 | 729 | | 707provide coverage for the provision of medically necessary pasteurized donor human milk and |
---|
730 | 730 | | 708donor human milk-derived products; provided, however, that: |
---|
731 | 731 | | 709 (i) the milk is obtained from a human milk bank that meets quality guidelines established |
---|
732 | 732 | | 710by the department of public health; |
---|
733 | 733 | | 711 (ii) a licensed medical practitioner has issued a written order for the provision of such |
---|
734 | 734 | | 712human breast milk or donor human milk-derived products for the covered infant; and |
---|
735 | 735 | | 713 (iii) the covered infant is: 36 of 49 |
---|
736 | 736 | | 714 (1) under the age of 6 months; |
---|
737 | 737 | | 715 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that |
---|
738 | 738 | | 716places the infant at a high risk for development of necrotizing enterocolitis or a congenital or |
---|
739 | 739 | | 717acquired condition that may benefit from the use of such human breast milk as determined by the |
---|
740 | 740 | | 718department of public health; and |
---|
741 | 741 | | 719 (3) medically or physically unable to receive maternal breast milk or participate in |
---|
742 | 742 | | 720breastfeeding or whose mother is medically or physically unable, despite receiving lactation |
---|
743 | 743 | | 721support, to produce maternal breast milk in sufficient quantities or caloric density. |
---|
744 | 744 | | 722 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled |
---|
745 | 745 | | 723payment arrangement, the commission shall include the cost of reimbursement provided under |
---|
746 | 746 | | 724subsection (a) for donor human milk and donor human milk-derived products in the development |
---|
747 | 747 | | 725of the reimbursement rate for such diagnosis related group or bundled payment. |
---|
748 | 748 | | 726 Section 10U. (a) For purposes of this section, the following terms shall have the |
---|
749 | 749 | | 727following meanings unless the context clearly requires otherwise: |
---|
750 | 750 | | 728 “Maternal and infant health outcomes”, outcomes arising for the gestational parent and |
---|
751 | 751 | | 729the gestational parent’s offspring during the pregnancy including pregnancy complications, |
---|
752 | 752 | | 730maternal morbidity, infant mortality and preterm births. |
---|
753 | 753 | | 731 “Doula services”, physical, emotional and informational support provided by trained |
---|
754 | 754 | | 732doulas to individuals and families during and after pregnancy, labor, childbirth, miscarriage, |
---|
755 | 755 | | 733stillbirth, adoption or pregnancy loss, as determined appropriate by the division; provided, |
---|
756 | 756 | | 734however, that “doula services” shall not constitute medical care. 37 of 49 |
---|
757 | 757 | | 735 (b) The division and its contracted health insurers, health plans, health maintenance |
---|
758 | 758 | | 736organizations, behavioral health management firms and third-party administrators under contract |
---|
759 | 759 | | 737to a Medicaid managed care organization, accountable care organization or primary care |
---|
760 | 760 | | 738clinician plan shall provide coverage of doula services to pregnant individuals and postpartum |
---|
761 | 761 | | 739individuals up to 12 months following the end of the pregnancy and adoptive parents of infants |
---|
762 | 762 | | 740until the infants reach 1 year of age; provided, however, that the division shall cover not less than |
---|
763 | 763 | | 7416 doula visits across the prenatal and 1-year postpartum period or until an adopted infant reaches |
---|
764 | 764 | | 7421 year of age. |
---|
765 | 765 | | 743 (c) In determining the scope of doula services, the division shall consult with the |
---|
766 | 766 | | 744department of public health and bureau of family health and nutrition. |
---|
767 | 767 | | 745 Section 10V. The division and its and its contracted health insurers, health plans, health |
---|
768 | 768 | | 746maintenance organizations, behavioral health management firms and third-party administrators |
---|
769 | 769 | | 747under contract to a Medicaid managed care organization, accountable care organization or |
---|
770 | 770 | | 748primary care clinician plan or other entities contracting with the division to administer benefits |
---|
771 | 771 | | 749shall provide coverage for universal postpartum home visiting services, in accordance with |
---|
772 | 772 | | 750operational standards set by the department of public health pursuant to section 248 of chapter |
---|
773 | 773 | | 751111. Such coverage shall not be subject to any cost-sharing; provided, however, that cost-sharing |
---|
774 | 774 | | 752shall be required if the applicable plan is governed by the Internal Revenue Code and would lose |
---|
775 | 775 | | 753its tax-exempt status as a result of the prohibition on cost-sharing for this service. |
---|
776 | 776 | | 754 SECTION 42. Subsection (c) of section 148C of chapter 149 of the General Laws, as |
---|
777 | 777 | | 755appearing in the 2022 Official Edition, is hereby amended by striking out clauses (3) and (4) and |
---|
778 | 778 | | 756inserting in place thereof the following 3 clauses:- 38 of 49 |
---|
779 | 779 | | 757 (3) attend the employee’s routine medical appointment or a routine medical appointment |
---|
780 | 780 | | 758for the employee’s child, spouse, parent or parent of spouse; |
---|
781 | 781 | | 759 (4) address the psychological, physical or legal effects of domestic violence as defined in |
---|
782 | 782 | | 760subsection (g1⁄2) of section 1 of chapter 151A, except that the definition of employee in |
---|
783 | 783 | | 761subsection (a) will govern for purposes of this section; or |
---|
784 | 784 | | 762 (5) address the employee’s own physical and mental health needs, and those of their |
---|
785 | 785 | | 763spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted |
---|
786 | 786 | | 764reproduction, adoption or surrogacy. |
---|
787 | 787 | | 765 SECTION 43. Section 47C of chapter 175 of the General Laws, as so appearing, is |
---|
788 | 788 | | 766hereby amended by striking out, in line 62, the word “annually” and inserting in place thereof the |
---|
789 | 789 | | 767following words:- once per calendar year. |
---|
790 | 790 | | 768 SECTION 44. Said chapter 175 is hereby further amended by inserting after section |
---|
791 | 791 | | 76947VV, inserted by section 145 of chapter 140 of the acts of 2024, the following 3 sections:- |
---|
792 | 792 | | 770 Section 47WW. Any policy, contract, agreement, plan or certificate of insurance issued, |
---|
793 | 793 | | 771delivered or renewed within the commonwealth, which is considered creditable coverage under |
---|
794 | 794 | | 772section 1 of chapter 111M, shall provide coverage for postpartum depression and major |
---|
795 | 795 | | 773depressive disorder screenings conducted pursuant to section 247 of chapter 111. |
---|
796 | 796 | | 774 Section 47XX. (a) Any policy, contract, agreement, plan or certificate of insurance |
---|
797 | 797 | | 775issued, delivered or renewed within the commonwealth, which is considered creditable coverage |
---|
798 | 798 | | 776under section 1 of chapter 111M, shall provide coverage for the provision of medically necessary |
---|
799 | 799 | | 777pasteurized donor human milk and donor human milk-derived products; provided, however, that: 39 of 49 |
---|
800 | 800 | | 778 (i) the milk is obtained from a human milk bank that meets quality guidelines established |
---|
801 | 801 | | 779by the department of public health; |
---|
802 | 802 | | 780 (ii) a licensed medical practitioner has issued a written order for the provision of such |
---|
803 | 803 | | 781human breast milk or donor human milk-derived products for the covered infant; and |
---|
804 | 804 | | 782 (iii) the covered infant is: |
---|
805 | 805 | | 783 (1) under the age of 6 months; |
---|
806 | 806 | | 784 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that |
---|
807 | 807 | | 785places the infant at a high risk for development of necrotizing enterocolitis or a congenital or |
---|
808 | 808 | | 786acquired condition that may benefit from the use of such human breast milk as determined by the |
---|
809 | 809 | | 787department of public health; and |
---|
810 | 810 | | 788 (3) medically or physically unable to receive maternal breast milk or participate in |
---|
811 | 811 | | 789breastfeeding or whose mother is medically or physically unable, despite receiving lactation |
---|
812 | 812 | | 790support, to produce maternal breast milk in sufficient quantities or caloric density. |
---|
813 | 813 | | 791 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled |
---|
814 | 814 | | 792payment arrangement, the commission shall include the cost of reimbursement provided under |
---|
815 | 815 | | 793subsection (a) for donor human milk and donor human milk-derived products in the development |
---|
816 | 816 | | 794of the reimbursement rate for such diagnosis related group or bundled payment. |
---|
817 | 817 | | 795 Section 47YY. An individual policy of accident and sickness insurance issued pursuant to |
---|
818 | 818 | | 796section 108 that provides hospital expense and surgical expense insurance or a group blanket or |
---|
819 | 819 | | 797general policy of accident and sickness insurance issued pursuant to section 110 that provides |
---|
820 | 820 | | 798hospital expense and surgical expense insurance that is issued or renewed within the 40 of 49 |
---|
821 | 821 | | 799commonwealth shall provide coverage for universal postpartum home visiting services, in |
---|
822 | 822 | | 800accordance with operational standards set by the department of public health pursuant to section |
---|
823 | 823 | | 801248 of chapter 111. Such coverage shall not be subject to any cost-sharing, including co- |
---|
824 | 824 | | 802payments and co-insurance, and shall not be subject to any deductible; provided, however, that |
---|
825 | 825 | | 803co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by |
---|
826 | 826 | | 804the Internal Revenue Code and would lose its tax-exempt status due to the prohibition on co- |
---|
827 | 827 | | 805payments, coinsurance or deductibles for these services. |
---|
828 | 828 | | 806 SECTION 45. Chapter 176A of the General Laws is hereby amended by inserting after |
---|
829 | 829 | | 807section 8WW, inserted by section 148 of chapter 140 of the acts of 2024, the following 3 |
---|
830 | 830 | | 808sections:- |
---|
831 | 831 | | 809 Section 8XX. Any contract between a subscriber and the corporation under an individual |
---|
832 | 832 | | 810or group hospital service plan that is delivered, issued or renewed within the commonwealth |
---|
833 | 833 | | 811shall provide coverage for postpartum depression and major depressive disorder screenings |
---|
834 | 834 | | 812conducted pursuant to section 247 of chapter 111. |
---|
835 | 835 | | 813 Section 8YY. (a) Any contract between a subscriber and the corporation under an |
---|
836 | 836 | | 814individual or group hospital service plan that is delivered, issued or renewed within the |
---|
837 | 837 | | 815commonwealth shall provide coverage for the provision of medically necessary pasteurized |
---|
838 | 838 | | 816donor human milk and donor human milk-derived products; provided, however, that: |
---|
839 | 839 | | 817 (i) the milk is obtained from a human milk bank that meets quality guidelines established |
---|
840 | 840 | | 818by the department of public health; |
---|
841 | 841 | | 819 (ii) a licensed medical practitioner has issued a written order for the provision of such |
---|
842 | 842 | | 820human breast milk or donor human milk-derived products for the covered infant; and 41 of 49 |
---|
843 | 843 | | 821 (iii) the covered infant is: |
---|
844 | 844 | | 822 (1) under the age of 6 months; |
---|
845 | 845 | | 823 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that |
---|
846 | 846 | | 824places the infant at a high risk for development of necrotizing enterocolitis or a congenital or |
---|
847 | 847 | | 825acquired condition that may benefit from the use of such human breast milk as determined by the |
---|
848 | 848 | | 826department of public health; and |
---|
849 | 849 | | 827 (3) medically or physically unable to receive maternal breast milk or participate in |
---|
850 | 850 | | 828breastfeeding or whose mother is medically or physically unable, despite receiving lactation |
---|
851 | 851 | | 829support, to produce maternal breast milk in sufficient quantities or caloric density. |
---|
852 | 852 | | 830 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled |
---|
853 | 853 | | 831payment arrangement, the commission shall include the cost of reimbursement provided under |
---|
854 | 854 | | 832subsection (a) for donor human milk and donor human milk-derived products in the |
---|
855 | 855 | | 833development of the reimbursement rate for such diagnosis related group or bundled payment. |
---|
856 | 856 | | 834 Section 8ZZ. Any contract between a subscriber and the corporation under an individual |
---|
857 | 857 | | 835or group hospital service plan which is delivered, issued or renewed within the commonwealth |
---|
858 | 858 | | 836shall provide coverage for universal postpartum home visiting services, in accordance with |
---|
859 | 859 | | 837operational standards set by the department of public health pursuant to section 248 of chapter |
---|
860 | 860 | | 838111. Such coverage shall not be subject to any cost-sharing, including co-payments and co- |
---|
861 | 861 | | 839insurance, and shall not be subject to any deductible; provided, however, that co-payments, |
---|
862 | 862 | | 840coinsurance or deductibles shall be required if the applicable plan is governed by the Internal |
---|
863 | 863 | | 841Revenue Code and would lose its tax-exempt status due to the prohibition on co-payments, |
---|
864 | 864 | | 842coinsurance or deductibles for these services. 42 of 49 |
---|
865 | 865 | | 843 SECTION 46. Chapter 176B of the General Laws is hereby amended by inserting after |
---|
866 | 866 | | 844section 4WW, inserted by section 149 of chapter 140 of the acts of 2024, the following 3 |
---|
867 | 867 | | 845sections:- |
---|
868 | 868 | | 846 Section 4XX. Any subscription certificate under an individual or group medical service |
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869 | 869 | | 847agreement delivered, issued or renewed within the commonwealth, which is considered |
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870 | 870 | | 848creditable coverage under section 1 of chapter 111M, shall provide coverage for postpartum |
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871 | 871 | | 849depression and major depressive disorder screenings conducted pursuant to section 247 of |
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872 | 872 | | 850chapter 111. |
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873 | 873 | | 851 Section 4YY. (a) Any subscription certificate under an individual or group medical |
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874 | 874 | | 852service agreement delivered, issued or renewed within the commonwealth, which is considered |
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875 | 875 | | 853creditable coverage under section 1 of chapter 111M, shall provide coverage for the provision of |
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876 | 876 | | 854medically necessary pasteurized donor human milk and donor human milk-derived products; |
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877 | 877 | | 855provided, however, that: |
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878 | 878 | | 856 (i) the milk is obtained from a human milk bank that meets quality guidelines established |
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879 | 879 | | 857by the department of public health; |
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880 | 880 | | 858 (ii) a licensed medical practitioner has issued a written order for the provision of such |
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881 | 881 | | 859human breast milk or donor human milk-derived products for the covered infant; and |
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882 | 882 | | 860 (iii) the covered infant is: |
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883 | 883 | | 861 (1) under the age of 6 months; |
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884 | 884 | | 862 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that |
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885 | 885 | | 863places the infant at a high risk for development of necrotizing enterocolitis or a congenital or 43 of 49 |
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886 | 886 | | 864acquired condition that may benefit from the use of such human breast milk as determined by the |
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887 | 887 | | 865department of public health; and |
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888 | 888 | | 866 (3) medically or physically unable to receive maternal breast milk or participate in |
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889 | 889 | | 867breastfeeding or whose mother is medically or physically unable, despite receiving lactation |
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890 | 890 | | 868support, to produce maternal breast milk in sufficient quantities or caloric density. |
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891 | 891 | | 869 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled |
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892 | 892 | | 870payment arrangement, the commission shall include the cost of reimbursement provided under |
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893 | 893 | | 871subsection (a) for donor human milk and donor human milk-derived products in the development |
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894 | 894 | | 872of the reimbursement rate for such diagnosis related group or bundled payment. |
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895 | 895 | | 873 Section 4ZZ. Any subscription certificate under an individual or group medical service |
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896 | 896 | | 874agreement delivered, issued or renewed within the commonwealth shall provide coverage for |
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897 | 897 | | 875universal postpartum home visiting services, in accordance with operational standards set by the |
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898 | 898 | | 876department of public health pursuant to section 248 of chapter 111. Such coverage shall not be |
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899 | 899 | | 877subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to |
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900 | 900 | | 878any deductible; provided, however, that co-payments, coinsurance or deductibles shall be |
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901 | 901 | | 879required if the applicable plan is governed by the Internal Revenue Code and would lose its tax- |
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902 | 902 | | 880exempt status due to the prohibition on co-payments, coinsurance or deductibles for these |
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903 | 903 | | 881services. |
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904 | 904 | | 882 SECTION 47. Chapter 176G of the General Laws is hereby amended by inserting after |
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905 | 905 | | 883section 4OO, inserted by section 150 of chapter 140 of the acts of 2024, the following 3 |
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906 | 906 | | 884sections:- 44 of 49 |
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907 | 907 | | 885 Section 4PP. An individual or group health maintenance contract that is issued or |
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908 | 908 | | 886renewed within or without the commonwealth shall provide coverage for postpartum depression |
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909 | 909 | | 887and major depressive disorder screenings conducted pursuant to section 247 of chapter 111. |
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910 | 910 | | 888 Section 4QQ. (a) An individual or group health maintenance contract that is issued or |
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911 | 911 | | 889renewed within or without the commonwealth shall provide coverage for the provision of |
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912 | 912 | | 890medically necessary pasteurized donor human milk and donor human milk-derived products; |
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913 | 913 | | 891provided, however, that: |
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914 | 914 | | 892 (i) the milk is obtained from a human milk bank that meets quality guidelines established |
---|
915 | 915 | | 893by the department of public health; |
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916 | 916 | | 894 (ii) a licensed medical practitioner has issued a written order for the provision of such |
---|
917 | 917 | | 895human breast milk or donor human milk-derived products for the covered infant; and |
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918 | 918 | | 896 (iii) the covered infant is: |
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919 | 919 | | 897 (1) under the age of 6 months; |
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920 | 920 | | 898 (2) undergoing treatment in an inpatient setting for a congenital or acquired condition that |
---|
921 | 921 | | 899places the infant at a high risk for development of necrotizing enterocolitis or a congenital or |
---|
922 | 922 | | 900acquired condition that may benefit from the use of such human breast milk as determined by the |
---|
923 | 923 | | 901department of public health; and |
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924 | 924 | | 902 (3) medically or physically unable to receive maternal breast milk or participate in |
---|
925 | 925 | | 903breastfeeding or whose mother is medically or physically unable, despite receiving lactation |
---|
926 | 926 | | 904support, to produce maternal breast milk in sufficient quantities or caloric density. 45 of 49 |
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927 | 927 | | 905 (b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled |
---|
928 | 928 | | 906payment arrangement, the commission shall include the cost of reimbursement provided under |
---|
929 | 929 | | 907subsection (a) for donor human milk and donor human milk-derived products in the development |
---|
930 | 930 | | 908of the reimbursement rate for such diagnosis related group or bundled payment. |
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931 | 931 | | 909 Section 4RR. Any individual or group health maintenance contract that is issued or |
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932 | 932 | | 910renewed within or without the commonwealth shall provide coverage for universal postpartum |
---|
933 | 933 | | 911home visiting services, in accordance with operational standards set by the department of public |
---|
934 | 934 | | 912health pursuant to section 248 of chapter 111. Such coverage shall not be subject to any cost- |
---|
935 | 935 | | 913sharing, including co-payments and co-insurance, and shall not be subject to any deductible; |
---|
936 | 936 | | 914provided, however, that co-payments, coinsurance or deductibles shall be required if the |
---|
937 | 937 | | 915applicable plan is governed by the Internal Revenue Code and would lose its tax-exempt status |
---|
938 | 938 | | 916due to the prohibition on co-payments, coinsurance or deductibles for these services. |
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939 | 939 | | 917 SECTION 48. (a) There shall be a task force on maternal health access and birthing |
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940 | 940 | | 918patient safety. The task force shall consist of: the commissioner of public health or a designee, |
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941 | 941 | | 919who shall serve as co-chair; the executive director of the health policy commission or a designee, |
---|
942 | 942 | | 920who shall serve as co-chair; the executive director of the center for health information and |
---|
943 | 943 | | 921analysis or a designee; the executive director of the Betsy Lehman center for patient safety and |
---|
944 | 944 | | 922medical error reduction or a designee; and 5 members appointed by the secretary of health and |
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945 | 945 | | 923human services, 1 of whom shall be a representative of the Massachusetts Health and Hospital |
---|
946 | 946 | | 924Association, Inc., 1 of whom shall be a representative of the Massachusetts Nurses Association, |
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947 | 947 | | 9251 of whom shall be a representative of the Massachusetts Medical Society, 1 of whom shall be |
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948 | 948 | | 926representative of the Perinatal-Neonatal Quality Improvement Network of Massachusetts and 1 |
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949 | 949 | | 927of whom shall be a representative of the Neighborhood Birth Center, Inc. 46 of 49 |
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950 | 950 | | 928 (b) The task force shall study and report maternal health access and birthing patient |
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951 | 951 | | 929safety. The task force shall: (i) study the current availability of and access to maternal health |
---|
952 | 952 | | 930services and maternal health care across regions of the commonwealth and among birthing |
---|
953 | 953 | | 931patient populations, including the essential service closure process, the adequacy of the maternal |
---|
954 | 954 | | 932health care workforce and other topics identified in subsection (c); (ii) identify methods to |
---|
955 | 955 | | 933increase the financial investment in and patient access to maternal health care across the |
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956 | 956 | | 934commonwealth and ensure equitable access for the most vulnerable birthing patient populations; |
---|
957 | 957 | | 935and (iii) issue a report on the task force’s findings and policy recommendations. |
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958 | 958 | | 936 (c) The task force shall study: (i) past essential services closures for inpatient maternity |
---|
959 | 959 | | 937units and acute-level birthing centers and closures of community-based, office-based and |
---|
960 | 960 | | 938preventative maternal health care, including family planning services, obstetrics and gynecology |
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961 | 961 | | 939services and midwifery services; (ii) patient quality and safety considerations of essential service |
---|
962 | 962 | | 940closures of maternal care units, including quality, safety and staffing regulatory requirements |
---|
963 | 963 | | 941promulgated by the department of public health that inform acute level maternal care essential |
---|
964 | 964 | | 942service closures; and (iii) demographic information on patient populations whose access has been |
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965 | 965 | | 943most affected by past closures of or current limitations on the availability of maternal care |
---|
966 | 966 | | 944services, including, but not limited to, geography, type of insurance coverage, age, race, |
---|
967 | 967 | | 945ethnicity, income status, LGBTQIA+ status and immigration status. |
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968 | 968 | | 946 (d) Not later than September 1, 2025, the task force shall submit its report to the clerks of |
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969 | 969 | | 947the senate and house of representatives, the joint committee on health care financing and the joint |
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970 | 970 | | 948committee on public health. 47 of 49 |
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971 | 971 | | 949 SECTION 49. Notwithstanding any general or special law to the contrary, for the initial |
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972 | 972 | | 950appointments by the governor to the board of registration in midwifery pursuant to section 110 of |
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973 | 973 | | 951chapter 13 of the General Laws, inserted by section 5, the 5 members required to be licensed |
---|
974 | 974 | | 952certified professional midwives shall be persons with at least 5 years of experience in the |
---|
975 | 975 | | 953practice of midwifery who hold a certificate of completion or equivalent from an educational |
---|
976 | 976 | | 954program or institution accredited by the Midwifery Education Accreditation Council. |
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977 | 977 | | 955 SECTION 50. The board of registration in midwifery established pursuant to section 110 |
---|
978 | 978 | | 956of chapter 13 of the General Laws, inserted by section 5, shall issue temporary licensure for |
---|
979 | 979 | | 957individuals practicing midwifery and shall promulgate regulations for the temporary licensure of |
---|
980 | 980 | | 958individuals practicing midwifery within 180 days of the effective date of this act. Such |
---|
981 | 981 | | 959temporary licenses shall be valid until the date established by the board pursuant to section 55 by |
---|
982 | 982 | | 960which individuals practicing midwifery shall be licensed. |
---|
983 | 983 | | 961 SECTION 51. The board of registration in midwifery established pursuant to section 110 |
---|
984 | 984 | | 962of chapter 13 of the General Laws, inserted by section 5, except as provided in section 50, shall |
---|
985 | 985 | | 963adopt rules and promulgate regulations pursuant to this act within 1 year from the effective date |
---|
986 | 986 | | 964of this act. |
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987 | 987 | | 965 SECTION 52. (a) The department of public health shall promulgate regulations pursuant |
---|
988 | 988 | | 966to section 51M of chapter 111 of the General Laws, inserted by section 17, not later than 180 |
---|
989 | 989 | | 967days after the effective date of this act. |
---|
990 | 990 | | 968 (b) Prior to promulgating initial regulations pursuant to said section 51M of said chapter |
---|
991 | 991 | | 969111, the department shall consider, when developing regulations, the standards adopted by the |
---|
992 | 992 | | 970American Association of Birth Centers and consult with Seven Sisters Birth Center LLC, 48 of 49 |
---|
993 | 993 | | 971Neighborhood Birth Center, Inc., the Massachusetts Affiliate of ACNM, Inc. and other entities |
---|
994 | 994 | | 972operating or planning to open birth centers in the commonwealth. |
---|
995 | 995 | | 973 SECTION 53. The department of public health shall implement newborn screening |
---|
996 | 996 | | 974protocols for Duchenne muscular dystrophy pursuant to section 110A of chapter 111 of the |
---|
997 | 997 | | 975General Laws, as amended by section 18, not later than 18 months after the effective date of this |
---|
998 | 998 | | 976act. |
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999 | 999 | | 977 SECTION 54. All individuals practicing lactation consulting required to be licensed |
---|
1000 | 1000 | | 978pursuant to section 23B of chapter 112 of the General Laws, as amended by sections 25 and 26, |
---|
1001 | 1001 | | 979shall be licensed not later than January 1, 2026. |
---|
1002 | 1002 | | 980 SECTION 55. The board of registration in midwifery established pursuant to section 110 |
---|
1003 | 1003 | | 981of chapter 13 of the General Laws, inserted by section 5, shall establish a date not later than 1 |
---|
1004 | 1004 | | 982year after said board adopts rules and promulgates regulations pursuant to this act by which |
---|
1005 | 1005 | | 983individuals practicing midwifery consistent with section 291 of chapter 112 of the General Laws, |
---|
1006 | 1006 | | 984inserted by section 38, shall be licensed. |
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1007 | 1007 | | 985 SECTION 56. The governor shall convene the first meeting of the board of registration in |
---|
1008 | 1008 | | 986midwifery established under section 110 of chapter 13 of the General Laws within 90 days from |
---|
1009 | 1009 | | 987the effective date of this act. At such meeting, the board shall elect a chair and a secretary for its |
---|
1010 | 1010 | | 988membership whose duties shall be established by the board. |
---|
1011 | 1011 | | 989 SECTION 57. The department of public health shall promulgate regulations pursuant to |
---|
1012 | 1012 | | 990subsection (j) of section 7 of chapter 94C of the General Laws, inserted by section 11, providing |
---|
1013 | 1013 | | 991for the automatic registration of licensed certified professional midwives to issue written |
---|
1014 | 1014 | | 992prescriptions within 180 days of the effective date of this act. 49 of 49 |
---|
1015 | 1015 | | 993 SECTION 58. The department of public health shall promulgate regulations pursuant to |
---|
1016 | 1016 | | 994subsection (b) of section 248 of chapter 111 of the General Laws, inserted by section 21, for the |
---|
1017 | 1017 | | 995establishment and administration of a statewide system of programs providing universal |
---|
1018 | 1018 | | 996postpartum home visiting services within 90 days of the effective date of this act. |
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