Section 795.5 - Midwifery birth center director and medical consultants

Section  795.5 Midwifery birth center director and medical consultants. The operator shall appoint a midwifery birth center director who:

(a) is a licensed midwife or physician;

(b) maintains documentation of collaborative relationships required under Section 6951 of the Education Law;

(c) approves all policies, procedures and protocols for the management of care;

(d) approves standardized criteria for admission screening and monitoring risk status during pregnancy, labor, birth and postpartum;

(e) is available for consultation and referral or has made arrangements with a qualified physician for these services;

(f) may appoint a consultant physician who:

(1) is a qualified specialist, as defined in section 700.2 of this Title, in pediatrics or family practice and who has pediatric privileges that include admission and care of newborns at the receiving hospital(s). In the absence of pediatric privileges, there must be formal arrangements included in the transfer agreement for the provision of pediatric care at the receiving hospital(s); and

(2) is available for consultation and referral;

(g) ensures that the midwifery birth center has:

(1) collaborative relationships with one or more licensed physicians who are board certified as obstetrician-gynecologists by a national certifying body, who practice obstetrics, and who have obstetric privileges at one or more general hospitals licensed under Article 28 of the Public Health Law;

(2) collaborative relationships with pediatricians and other medical specialists needed to meet patients’ needs, including with at least one pediatrician who has pediatric privileges that include admission and care of newborns at the receiving hospital(s). In the absence of pediatric privileges, there shall be arrangements for the provision of pediatric care at the receiving hospital(s); and

(3) transfer agreements with perinatal centers licensed under Article 28 of the Public Health Law to provide:

(i) obstetrics through a licensed physician having obstetrical privileges at such perinatal center;

(ii) consultation, collaborative management and referral to address the health status and risks of the provider’s patients; and

(iii) emergency medical coverage for patients; and

(h) has standardized criteria for admission screening and monitoring risk.

Effective Date: 
Wednesday, November 13, 2019
Statutory Authority: 
Public Health Law, Sections 2801 and 2803(11)