Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1335 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1966 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1335
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act updating the regulations governing licensed birth centers in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	SENATE DOCKET, NO. 1966 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1335
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1335) of Joanne M. Comerford,
19	19	Jack Patrick Lewis, Jason M. Lewis, Lydia Edwards and other members of the General Court for
20	20	legislation to update the regulations governing licensed birth centers in Massachusetts. Public
21	21	Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act updating the regulations governing licensed birth centers in Massachusetts.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 51 of chapter 111 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by adding after the word “Gynecologists,” in line 106, the
32	32	3following words:- , American College of Nurse Midwives, American Association of Birth
33	33	4Centers.
34	34	5 SECTION 2. (a) The department of public health shall promulgate revised regulations
35	35	6under the Code of Massachusetts Regulations 105 CMR 140.000 and 142.000 governing the
36	36	7facility and operation of licensed birth centers in consultation with Seven Sisters Birth Center,
37	37	8Neighborhood Birth Center, American College of Nurse Midwives Massachusetts Affiliate, and
38	38	9other entities operating or planning to open birth centers in Massachusetts to bring the
39	39	10regulations in accordance with chapter 111 of the General Laws and the standards of the
40	40	11American Association of Birth Centers or any successor organization, and to ensure safe,
41	41	12equitable and accessible birth options for birth center clients. 2 of 3
42	42	13 (b) The regulations shall include, but not be limited to, the following provisions:
43	43	14 (i) a licensed free-standing birth center shall have a detailed and written plan on the
44	44	15premises for transfer of a client to a nearby hospital providing obstetrical and newborn services
45	45	16as needed for emergency treatment beyond that provided by the birth center;
46	46	17 (ii) a licensed free-standing birth center shall develop policies and procedures to ensure
47	47	18coordination of ongoing care and transfer when complications occur which render the patient
48	48	19ineligible for birth center care during the antepartum, intrapartum or postpartum period;
49	49	20 (iii) the department shall not require a licensed free-standing birth center or the directors
50	50	21and providers on staff to practice under the supervision of a hospital or another health care
51	51	22provider or to enter into an agreement, written or otherwise, with another hospital or health care
52	52	23provider, or maintain privileges at a hospital;
53	53	24 (iv) a licensed free-standing birth center shall have an administrative director responsible
54	54	25for implementing and overseeing the operational policies of the birth center;
55	55	26 (v) a licensed free-standing birth center shall have a director of clinical affairs on staff
56	56	27who shall be a nurse midwife or physician licensed and in good standing in Massachusetts whose
57	57	28professional scope of practice includes preconception, prenatal, labor, birth, and postpartum care
58	58	29and early care of the newborn and who may be the primary attendants during the perinatal period
59	59	30in accordance with chapter 112 of the General Laws; and
60	60	31 (vi) birth attendants at licensed free-standing birth centers shall be midwives, physicians,
61	61	32or other providers licensed and in good standing in Massachusetts whose professional scope of
62	62	33practice includes preconception, prenatal, labor, birth, and postpartum care and early care of the 3 of 3
63	63	34newborn and who may be the primary attendants in accordance with chapter 112 of the General
64	64	35Laws.
65	65	36 SECTION 3. The department shall issue the revised regulations under section 2 of this
66	66	37act no later than 180 days after the effective date of this act.