Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 108 First Substitute (2016GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prohibits the Department of Health and the Health Facility Committee from imposing certain requirements on birthing centers licensed under the Health Care Facility Licensing and Inspection Act; and
• requires the Department of Health to hold a public hearing when it adopts or amends administrative rules that impact birthing centers.

Every vote on this bill

Bill text

BIRTHING CENTER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill amends provisions related to birthing centers.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits the Department of Health and the Health Facility Committee from
imposing certain requirements on birthing centers licensed under the Health Care
Facility Licensing and Inspection Act; and
▸ requires the Department of Health to hold a public hearing when it adopts or
amends administrative rules that impact birthing centers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26-21-28
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-28
 is enacted to read:
 26-21-28.
Birthing centers -- Regulatory restrictions.
(1) For purposes of this section:
(a) "Certified nurse midwife" means an individual who is licensed under Title 58,
Chapter 44a, Nurse Midwife Practice Act.
(b) "Direct-entry midwife" means an individual who is licensed under Title 58, Chapter
77, Direct-Entry Midwife Act.
(c) "Licensed maternity care practitioner" includes:
(i) a physician;
(ii) a certified nurse midwife;
(iii) a direct entry midwife;
(iv) a naturopathic physician; and
(v) other individuals who are licensed under Title 58, Division of Occupational and
Professional Licensing Act and whose scope of practice includes midwifery or obstetric care.
(d) "Naturopathic physician" means an individual who is licensed under Title 58,
Chapter 71, Naturopathic Physician Practice Act.
(e) "Physician" means an individual who is licensed under Title 58, Chapter 67, Utah
Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) The Health Facility Committee and the department may not require a birthing
center or a licensed maternity care practitioner who practices at a birthing center to:
(a) maintain admitting privileges at a general acute hospital;
(b) maintain a written transfer agreement with one or more general acute hospitals;
(c) maintain a collaborative practice agreement with a physician; or
(d) have a physician or certified nurse midwife present at each birth when another
licensed maternity care practitioner is present at the birth and remains until the maternal patient
and newborn are stable postpartum.
(3) The Health Facility Committee and the department shall:
(a) permit all types of licensed maternity care practitioners to practice in a birthing
center; and
(b) except as provided in Subsection (2)(b), require a birthing center to have a written
plan for the transfer of a patient to a hospital in accordance with Subsection (4).
(4) A transfer plan under Subsection (3)(b) shall:
(a) be signed by the patient; and
(b) indicate that the plan is not an agreement with a hospital.
(5) If a birthing center transfers a patient to a licensed maternity care practitioner or
facility, the responsibility of the licensed maternity care practitioner or facility, for the patient:
(a) does not begin until the patient is physically within the care of the licensed
maternity care practitioner or facility;
(b) is limited to the examination and care provided after the patient is transferred to the
licensed maternity care practitioner or facility; and
(c) does not include responsibility or accountability for the patient's decision to pursue
an out-of-hospital birth and the services of a birthing center.
(6) (a) Except as provided in Subsection (6)(c), a licensed maternity care practitioner
who is not practicing at a birthing center may, upon receiving a briefing from a member of a
birthing center's clinical staff, issue a medical order for the birthing center's patient without
assuming liability for the care of the patient for whom the order was issued.
(b) Regardless of the advice given or order issued under Subsection (6)(a), the
responsibility and liability for caring for the patient is that of the birthing center and the
birthing center's clinical staff.
(c) The licensed maternity care practitioner giving the order under Subsection (6)(a) is
responsible and liable only for the appropriateness of the order, based on the briefing received
under Subsection (6)(a).
(7) The department shall hold a public hearing under Subsection 
63G-3-302
(2)(a) for a
proposed administrative rule, and amendment to a rule, or repeal of a rule, that relates to
birthing centers.