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SENATE DOCKET, NO. 1966 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1335
The Commonwealth of Massachusetts
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PRESENTED BY:
Joanne M. Comerford
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act updating the regulations governing licensed birth centers in Massachusetts.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterJack Patrick Lewis7th Middlesex1/30/2023Jason M. LewisFifth Middlesex1/31/2023Lydia EdwardsThird Suffolk2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/7/2023Thomas M. Stanley9th Middlesex2/15/2023Anne M. GobiWorcester and Hampshire2/15/2023James B. EldridgeMiddlesex and Worcester2/20/2023Patricia D. JehlenSecond Middlesex3/3/2023 1 of 3
SENATE DOCKET, NO. 1966 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1335
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1335) of Joanne M. Comerford,
Jack Patrick Lewis, Jason M. Lewis, Lydia Edwards and other members of the General Court for
legislation to update the regulations governing licensed birth centers in Massachusetts. Public
Health.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act updating the regulations governing licensed birth centers in Massachusetts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 51 of chapter 111 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by adding after the word “Gynecologists,” in line 106, the
3following words:- , American College of Nurse Midwives, American Association of Birth
4Centers.
5 SECTION 2. (a) The department of public health shall promulgate revised regulations
6under the Code of Massachusetts Regulations 105 CMR 140.000 and 142.000 governing the
7facility and operation of licensed birth centers in consultation with Seven Sisters Birth Center,
8Neighborhood Birth Center, American College of Nurse Midwives Massachusetts Affiliate, and
9other entities operating or planning to open birth centers in Massachusetts to bring the
10regulations in accordance with chapter 111 of the General Laws and the standards of the
11American Association of Birth Centers or any successor organization, and to ensure safe,
12equitable and accessible birth options for birth center clients. 2 of 3
13 (b) The regulations shall include, but not be limited to, the following provisions:
14 (i) a licensed free-standing birth center shall have a detailed and written plan on the
15premises for transfer of a client to a nearby hospital providing obstetrical and newborn services
16as needed for emergency treatment beyond that provided by the birth center;
17 (ii) a licensed free-standing birth center shall develop policies and procedures to ensure
18coordination of ongoing care and transfer when complications occur which render the patient
19ineligible for birth center care during the antepartum, intrapartum or postpartum period;
20 (iii) the department shall not require a licensed free-standing birth center or the directors
21and providers on staff to practice under the supervision of a hospital or another health care
22provider or to enter into an agreement, written or otherwise, with another hospital or health care
23provider, or maintain privileges at a hospital;
24 (iv) a licensed free-standing birth center shall have an administrative director responsible
25for implementing and overseeing the operational policies of the birth center;
26 (v) a licensed free-standing birth center shall have a director of clinical affairs on staff
27who shall be a nurse midwife or physician licensed and in good standing in Massachusetts whose
28professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care
29and early care of the newborn and who may be the primary attendants during the perinatal period
30in accordance with chapter 112 of the General Laws; and
31 (vi) birth attendants at licensed free-standing birth centers shall be midwives, physicians,
32or other providers licensed and in good standing in Massachusetts whose professional scope of
33practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the 3 of 3
34newborn and who may be the primary attendants in accordance with chapter 112 of the General
35Laws.
36 SECTION 3. The department shall issue the revised regulations under section 2 of this
37act no later than 180 days after the effective date of this act.