North Carolina 2021-2022 Session Status: In Committee Bipartisan · 9 R · 2 D cosponsors

HB 39 — Establish Birth Center Licensure Act.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

246 added · 244 removed

Plain-language change summary

The revised version of Bill HB 39 removes a section that allowed the Commission and the Department to receive information through various reports and inspections related to birth centers. This change streamlines the text by eliminating the redundancy of previously outlined procedures about oversight in birth centers, focusing instead on their inspections and compliance. This matters because it can potentially simplify the regulatory process, making it clearer for both the Department and the birth centers while still maintaining the necessary oversight for safety and compliance.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 39 Short Title:
39 Feb 1, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30030-MGf-50 Short Title:
Representative White.
Representatives White and Lambeth (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT ESTABLISHING A LICENSURE PROCESS AND ANNUAL LICENSE FEES FOR BIRTH CENTERS.
Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House February 2, 2021 A BILL TO BE ENTITLED AN ACT ESTABLISHING A LICENSURE PROCESS AND ANNUAL LICENSE FEES FOR BIRTH CENTERS.
(a) The Department shall make, or cause to be made, inspections of birth centers as it deemsnecessarytoinvestigateunexpectedoccurrencesinvolvingdeathorseriousphysicalinjury *DRH30030-MGf-50* General Assembly Of North Carolina Session 2021 and reportable adverse outcomes identified in the rules adopted by the Commission under G.S.
*H39-v-1* General Assembly Of North Carolina Session 2021 (a) The Department shall make, or cause to be made, inspections of birth centers as it deemsnecessarytoinvestigate unexpectedoccurrencesinvolvingdeathorseriousphysicalinjury and reportable adverse outcomes identified in the rules adopted by the Commission under G.S.
(d) Information received by the Commission and the Department through filed reports, license applications, or inspections that are required or authorized by the provisions of this Part may be disclosed publicly except where this disclosure would violate applicable laws concerning patient records and patient confidentiality.
(d) Information received by the Commission and the Department through filed reports, license applications, or inspections that are required or authorized by the provisions of this Part may be disclosed publiclyexcept where this disclosure would violate applicable laws concerning patient records and patient confidentiality.
(3) The Governor shall appoint one public member.
Page 2 House Bill 39-First Edition General Assembly Of North Carolina Session 2021 (3) The Governor shall appoint one public member.
The public member shall not be eligible for appointment under subdivisions (1) and (2) of this subsection Page 2 DRH30030-MGf-50 General Assembly Of North Carolina Session 2021 but shall have professional experience and familiarity with the administrative aspects of obstetrical care practices or facilities, including, but not limited to, birth centers.
The public member shall not be eligible for appointment under subdivisions (1) and (2) of this subsection but shall have professional experience and familiarity with the administrative aspects of obstetrical care practices or facilities, including, but not limited to, birth centers.
If a pregnant person declines this screening test, the birth center shall document the informed refusal in the medical record.
If a pregnant person House Bill 39-First Edition Page 3 General Assembly Of North Carolina Session 2021 declines this screening test, the birth center shall document the informed refusal in the medical record.
DRH30030-MGf-50 Page 3 General Assembly Of North Carolina Session 2021 (4) Targeted ultrasound.
(4) Targeted ultrasound.
– A requirement that the birth center conduct a targeted ultrasound for further evaluation of maternal-fetal health consistent with those indications included in the recommendations of the American College of Obstetricians and Gynecologists concerning ultrasound practice in pregnancy.
– A requirement that the birth center conduct a targeted ultrasound for further evaluation of maternal-fetal health consistent with those indications included in the recommendations of the American College of Obstetricians and Gynecologists concerningultrasound practice in pregnancy.
The Department shall investigate all unexpected occurrences involving death or serious physical injury and all reportable adverse outcomes identified by the Commission in the rules.
The Department shall investigate all unexpected occurrences involving death or serious physical injuryand all reportable adverse outcomes identified by the Commission in the rules.
(c) Upon receipt of an application for a birth center license, the Department shall issue a license upon the recommendation of the Commission if the Department finds that the applicant is in compliance with the provisions of this Part and any rules adopted by the Commission under this Part.Thelicenseis valid foraperiodofone yearfrom thedateofissuanceand must designate thenumber and types of beds and thenumberof rooms on thelicensedpremises.
(c) Upon receipt of an application for a birth center license, the Department shall issue a license upon the recommendation of the Commission if the Department finds that the applicant is in compliance with the provisions of this Part and any rules adopted by the Commission under Page 4 House Bill 39-First Edition General Assembly Of North Carolina Session 2021 this Part.Thelicenseis valid foraperiodofone yearfrom thedateofissuanceandmust designate thenumber and types of beds and thenumberof rooms on thelicensedpremises.
The Department Page 4 DRH30030-MGf-50 General Assembly Of North Carolina Session 2021 shall charge the applicant a nonrefundable annual license fee in the amount of four hundred dollars ($400.00) plus a nonrefundable annual per-birthing room fee of seventeen dollars and fifty cents ($17.50).
The Department shall charge the applicant a nonrefundable annual license fee in the amount of four hundred dollars ($400.00) plus a nonrefundable annual per-birthing room fee of seventeen dollars and fifty cents ($17.50).
A person who owns, in whole or in part, or operates a birth center without a license is guilty of a Class 3 misdemeanor and upon conviction is subject only to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense.
A person who owns, in whole or in part, or operates a birth center without a license is guilty of a Class 3 misdemeanor and upon conviction is subject only to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each House Bill 39-First Edition Page 5 General Assembly Of North Carolina Session 2021 subsequent offense.
Each day of continuing violation after conviction is considered a separate offense." DRH30030-MGf-50 Page 5 General Assembly Of North Carolina Session 2021 SECTION 1.(d) By October 1, 2021, the Department of Health and Human Services shall review and, as necessary, revise its current Freestanding Birth Center Fee Schedule to ensure that (i) the fees are sufficient to cover the costs of providing intrapartum, birth, postpartum, and initial newborn care and (ii) the cost for any State-mandated newborn screening is reimbursed at no less than the cost of the screening.
Each day of continuing violation after conviction is considered a separate offense." SECTION 1.(d) ByOctober 1, 2021, the Department of Health and Human Services shall review and, as necessary, revise its current Freestanding Birth Center Fee Schedule to ensure that (i) the fees are sufficient to cover the costs of providing intrapartum, birth, postpartum, and initial newborn care and (ii) the cost for any State-mandated newborn screening is reimbursed at no less than the cost of the screening.
131E-153.6(b),as enactedby Section1(a) of this act, becomes effective December 1, 2021, and applies to offenses committed on or after that date.
131E-153.6(b),as enactedbySection1(a) of this act, becomes effective December 1, 2021, and applies to offenses committed on or after that date.
Section 1(c) of this act becomes effective one year after the rules promulgated by the North Carolina Birth Center Commission are adopted and applies to criminal offenses committed on or after that date.
Section 1(c) of this act becomes effective one year after the rules promulgated by the North Carolina Birth Center Commissionare adopted and applies to criminal offenses committed on or after that date.
Page 6 DRH30030-MGf-50
Page 6 House Bill 39-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 162 not signed on

Sponsors (1)

Co-sponsors (16)

Not signed on (162)

162 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 39?
HB 39 is sponsored by Donna McDowell White (Republican), Donny Lambeth (Republican), Adcock, Deb Butler (Democratic), Faircloth, Hanig, Keith Kidwell (Republican), Jeffrey C. McNeely (Republican), Larry W. Potts (Republican), Sasser, Larry C. Strickland (Republican), Yarborough, Zachary, Jeff Zenger (Republican), Sarah Stevens (Republican), Mike Clampitt (Republican), and Amber M. Baker (Democratic).
What is the current status of HB 39?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 39?
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