An Act to revise provisions related to birth centers and the practice of certified professional midwives at birth centers.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-12-59 be AMENDED:

34-12-59. Except as provided in § 34-12-60, no person may establish or operate a birth center in this state without an appropriate a license issued under §§ 34-12-57 to 34-12-63, inclusive by the Department of Health in accordance with § 34-12-61.

Section 2. That § 34-12-60 be AMENDED:

34-12-60. The following facilities are exempt from the requirements of §§ 34-12-57 to 34-12-63 section 5 of this Act, inclusive:

(1) A hospital licensed pursuant to this chapter; and

(2) A critical access hospital licensed pursuant to this chapter.

Section 3. That § 34-12-61 be AMENDED:

34-12-61. An applicant for A person seeking a birth center license shall submit an application to the Department of Health on a form prescribed by the department. The application shall must be accompanied by a nonrefundable license fee of five hundred dollars. The department shall issue a license if, after inspection and investigation, the department finds that the application and birth center meet the requirements of §§ 34-12-57 to 34-12-63 section 5 of this Act, inclusive. The birth center license is renewable annually on a form prescribed by the department.

Section 4. That § 34-12-63 be AMENDED:

34-12-63. A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to § 34-12-62. A birth center A practitioner shall perform the risk assessment of a potential client prior to accepting the client for admission and shall only may admit only a client that who has been assessed to have a low-risk pregnancy. A birth center client practitioner shall be continually assessed assess a client to identify if her condition deviates from a low-risk pregnancy at any time during the pregnancy, delivery, or postpartum period. At least one practitioner or registered nurse must be on duty in the birth center at all times if a client is in active labor. The birth center practitioner shall refer or transfer the client to a physician or hospital in accordance with the standards established pursuant to § 34-12-62.

Any licensed practical nurse or other nursing personnel involved in client care must be under the direct supervision of a practitioner or registered nurse licensed in accordance with chapter 36-9.

For purposes of this section, "practitioner" means a:

(1) Physician licensed in accordance with chapter 36-4;

(2) Certified nurse midwife authorized to practice nurse midwifery as provided in chapter 36-9A; or

(3) Certified professional midwife licensed in accordance with chapter 36-9C.

Section 5. That a NEW SECTION be added to chapter 34-12:

A birth center must have a written plan for each client that:

(1) Addresses the client's medical, physical, mental, and emotional needs;

(2) Is based on a physical examination of the client and an assessment of the client's medical history upon admission; and

(3) Is approved by the client's attending practitioner, as defined § 34-12-63.

Each client's attending practitioner is responsible for documenting orders and progress notes on the client's medical record.

Section 6. That § 34-12-58 be REPEALED.

Any birth center shall be located within thirty minutes normal driving time of a hospital licensed pursuant to this chapter that provides routine birth services.