Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 142.000 - Operation And Maintenance Of Birth Centers › Section 142.100 - Definitions

Current through Register 1525, July 5, 2024
A
Birth Center
is a home-like facility
				where low risks births are planned to occur following normal, uncomplicated
				pregnancy. A birth center has sufficient space to accommodate participating
				family members and support people of the women's choice. A Birth Center
				provides professional midwifery practice to childbearing women during
				pregnancy, birth, and puerperium and to the infant during the immediate newborn
				period by nurse-midwives or by an obstetrician or family practitioner with
				obstetrical privileges in a nearby hospital licensed in Massachusetts or
				operated by the Commonwealth. A Birth Center has specified access to acute care
				obstetric and newborn services.
Clinic
means any entity, however
				organized, whether conducted for profit or not for profit, which is advertised,
				announced, established, or maintained for the purpose of providing ambulatory
				medical, surgical, dental, physical rehabilitation or mental health. In
				addition,
Clinic
shall include any entity, however
				organized, whether conducted for profit or not for profit, which is advertised,
				announced, established, or maintained under a name which includes the word
Clinic
, "dispensary", or "institute", and which
				suggests that ambulatory medical, surgical, dental, physical rehabilitation or
				mental health are rendered therein. With respect to any entity which is not
				advertised, announced, established, or maintained under one of the names in the
				preceding sentence,
Clinic
shall not include a medical
				office building, or one or more practitioners engaged in a solo or group
				practice, whether conducted for profit or not for profit, and however
				organized, so long as such practice is wholly owned and controlled by one or
				more of the practitioners so associated, or, in the case of a not for profit
				organization, its only members are one or more of the practitioners so
				associated or a clinic established solely to provide service to employees or
				students of such corporation or institution. No matter how the clinic is named,
Clinic
shall not include a clinic conducted by a
				hospital licensed under M.G.L. c. 111, § 51 or by the federal government,
				the commonwealth, or a local health department.
Commissioner
means the Commissioner of
				the Department of Public Health or her or his designee.
Controlled Substance
means a drug,
				substance, or immediate precursor in any schedule or class referred to in the
				Controlled Substances Act M.G.L. c. 94C.
Critical Congenital Heart Disease
means a group of defects that cause severe and life-threatening symptoms and
				require intervention within the first days or first year of life.
Department
means the Massachusetts
				Department of Public Health.
Free-standing Birth Center
means a
				birth center which is not maintained and operated by a hospital. For purposes
				of licensure, a free-standing birth center is a clinic.
Hospital
means any institution,
				however named, whether conducted for charity or for profit, which is
				advertised, announced, established or maintained for the purpose of caring for
				persons admitted thereto for diagnosis, medical, surgical or restorative
				treatment which is rendered within said institution.
Hospital-affiliated Birth Center
means
				a birth center which is maintained and operated by a hospital. The birth center
				must be nearby but not be physically attached in any manner, including
				connection by corridors, to any other hospital services including the
				obstetrics service. A birth center is not a birth room or birthing suite or
				other short stay in-patient service.
Hospital Birth Room
, also known as a
				birthing suite, means a room in or immediately adjacent to the labor and
				delivery room suite of a hospital where a low risk, normal, full term woman is
				allowed to labor and deliver her infant, and recover after delivery with her
				infant.
Licensed Nurse
means an individual
				registered as a nurse under M.G.L. c. 112, § 74 or licensed as a practical
				nurse under M.G.L. c. 112, § 74A.
Nearby
means within ten minutes normal
				driving time of a hospital, or otherwise reasonably accessible to a hospital as
				determined by the Department.
Nurse-midwife
means an individual
				licensed by the Board of Registration in Nursing under M.G.L. c. 112, § 74
				and authorized to practice as a nurse-midwife pursuant to
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
Physician
means an individual
				registered by the Board of Registration in Medicine under M.G.L. c. 112, §
				2 as a qualified physician.
Professional Midwifery Practice
means
				the independent management of care of essentially normal newborns and low risk
				women, antepartally, intrapartally, and postpartally occurring within a health
				care system which provides for medical consultation, collaborative management,
				or referral and is in accord with the
Functions, Standards, and
				Qualifications for Nurse-Midwifery Practice
as defined by the American
				College of Nurse-midwives. The nurse-midwife, or physician provides care for
				the low risk mother during pregnancy and stays with her during labor from the
				time of admission to the birth center through the immediate post-partum period
				providing continuous physical and emotional support, evaluating progress, and
				assisting the woman in labor and delivery. Care includes evaluation and
				provision of immediate care to the normal newborn. The qualified midwife or
				physician provides assistance to the mother in caring for herself and her
				infant; in adjusting to the home situation and the new child; and in providing
				family planning. The nurse midwife or physician teaches, interprets and
				provides support as an integral part of his or her service.