KRS § 216B.198 — KY Code / Title XVIII / Chapter 216B / Section 216B.198
216B.198 Freestanding birthing centers -- Cabinet to establish licensing standards -- Medical director -- Informed consent -- Patient transfer agreements -- Liability -- Prohibition against performance of abortion
Status: in_force

216B.198 Freestanding birthing centers -- Cabinet to establish licensing standards -

- Medical director -- Informed consent -- Patient transfer agreements --

Liability -- Prohibition against performance of abortion.

(1) As used in this section, "freestanding birthing center" means any health facility,

place, or institution which is not a hospital, is not in a hospital or a private

residence, and is established to provide care for labor, delivery, the immediate

postpartum period, and the newborn immediately following delivery.

(2) The cabinet shall establish licensure standards for freestanding birthing centers that:

(a) Require accreditation by the Commission for the Accreditation of Birth

Centers;

(b) Delineate requirements for medical malpractice insurance;

(c) Require location within thirty (30) miles of a hospital. If a hospital located

within thirty (30) miles of a freestanding birthing center ceases operations

after a freestanding birthing center has been established, the requirement of

this paragraph shall not apply to the affected freestanding birthing center;

(d) Do not prohibit a hospital from owning or operating a freestanding birthing

center that complies with the requirements of this section; and

(e) Include any other requirements deemed necessary by the cabinet that are not

inconsistent with the other requirements of this section.

(3) (a) A freestanding birthing center shall have a medical director who is a licensed

physician who has, at a minimum, the following functions:

1. Participation in approval of criteria that would exclude a client or

newborn from receiving care at the freestanding birthing center; and

2. Participation in the quality review functions of the freestanding birthing

center, including review of transfers and sentinel events.

(b) The cabinet shall establish a timeline for a freestanding birthing center to fill

the position of medical director if the position becomes vacant.

(4) A freestanding birthing center shall obtain written informed consent for each client

receiving care. The written informed consent shall include:

(a) A description of the benefits, risks, and eligibility requirements for receiving

care at the freestanding birthing center;

(b) A description of the education and credentials of practitioners providing

clinical care at the freestanding birthing center;

(c) Instructions for obtaining a copy of the administrative regulations

promulgated pursuant to this section;

(d) Instructions for filing a complaint relating to the freestanding birthing center

with the cabinet;

(e) A summary of a written protocol for emergencies, including transfer to a

higher level of care;

(f) Disclosure of professional liability insurance held by health care providers at

the freestanding birthing center; and

(g) A summary of procedures established by the freestanding birthing center for

professional collaboration with other care providers.

(5) (a) A freestanding birthing center shall have a written patient transfer agreement

with a hospital that provides obstetric services. The cabinet shall establish

minimum requirements for the patient transfer agreement which shall include:

1. Specifying the responsibilities that a freestanding birthing center and a

hospital assume in the transfer of a patient; and

2. Establishing the freestanding birthing center’s responsibility for:

a. Notifying the receiving hospital promptly of the impending

transfer of a patient; and

b. Arranging for appropriate and safe transportation.

(b) The cabinet shall establish a process and criteria by which the requirement of

paragraph (a) of this subsection may be waived if a freestanding birthing

center submits to the cabinet evidence of a failure by a hospital that provides

obstetric services to enter into a written patient transfer agreement with the

freestanding birthing center.

(6) (a) A freestanding birthing center shall have a written patient transfer agreement

with a licensed emergency medical transportation service.

(b) The cabinet shall establish a process and criteria by which the requirement of

paragraph (a) of this subsection may be waived if a freestanding birthing

center submits to the cabinet evidence of a failure by a licensed emergency

medical transportation service to enter into a written patient transfer

agreement with the freestanding birthing center.

(7) A certificate of need shall not be required to establish and license a freestanding

birthing center with no more than four (4) beds.

(8) (a) Nothing in this section is intended to expand or limit the liability of a health

care provider, health care facility, or freestanding birthing center.

(b) In the event of an action for injury or death due to any act or omission of a

health care provider rendering services at a freestanding birthing center from

which an injured patient is transferred to any other licensed health care

provider or licensed health care facility:

1. The liability of the subsequent licensed health care provider or licensed

health care facility shall be limited to their own negligent acts and

omissions that violate their standards of care according to existing law,

except as provided in subparagraph 2. of this paragraph; and

2. If the subsequent licensed health care provider or licensed health care

facility owns, operates, or provides care at the freestanding birthing

center from which the injured patient was transferred, then the licensed

health care provider or licensed health care facility shall be liable for

acts or omissions that violate their standards of care and that occurred at

the freestanding birthing center.

(9) In accordance with KRS 311.772, no person shall perform an abortion in a

freestanding birthing center.