Massachusetts § 51M - Promulgation of regulations relative to the operation and maintenance of birth centers licensed as clinics pursuant to section 51

§ 51M. Promulgation of regulations relative to the operation and maintenance of birth centers licensed as clinics pursuant to section 51

Section 51M. (a) The department shall promulgate regulations relative to the operation and maintenance of birth centers licensed as clinics pursuant to section 51, hereinafter referred to as ''freestanding birth centers''.

(b) The regulations shall include, but shall not be limited to, requirements that a licensed freestanding birth center have:

(i) a detailed and written plan on the premises for transfer of a client to a nearby hospital providing obstetrical and newborn services as needed for emergency treatment beyond that provided by the birth center;

(ii) policies and procedures to ensure coordination of ongoing care and transfer when complications occur that render the patient ineligible for birth center care during the antepartum, intrapartum or postpartum period;

(iii) an administrative director responsible for implementing and overseeing the operational policies of the birth center;

(iv) a director of clinical affairs on staff who shall be a certified nurse-midwife, licensed certified professional midwife or physician licensed to practice in the commonwealth whose professional scope of practice includes preconception, prenatal, labor, birth and postpartum care and early care of the newborn and who may be the primary attendants during the perinatal period; and

(v) birth attendants that are certified nurse-midwives, licensed certified professional midwives, physicians or other providers licensed to practice in the commonwealth whose professional scope of practice includes preconception, prenatal, labor, birth and postpartum care and early care of the newborn and who may be the primary attendants in accordance with their professional scope of practice.

(c) The department shall not require a licensed freestanding birth center or the directors and providers on staff to practice under the supervision of a hospital or another health care provider or to enter into an agreement, written or otherwise, with another hospital or health care provider, or maintain privileges at a hospital.

(d) In order to be licensed as a freestanding birth center pursuant to subsection (a) and under section 51 by the department, a freestanding birth center shall provide reimbursable services to individuals with public health insurance on a non-discriminatory basis.

(e) Only freestanding birth centers and hospital-affiliated birth centers licensed by the department shall include the words ''birth center'' or ''birthing center'' in such center's name.