§ 2359. Rules [Effective January 1, 2027 or on effective date of rules]
The Department of Health shall adopt rules in accordance with 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall be based on
the national birth center standards published by the American Association of Birth
Centers and shall, at a minimum, include provisions regarding:
(1) requirements for operating a birth center, including requirements for safety, sanitation,
and health;
(2) obtaining, storing, and dispensing pharmaceuticals consistent with State and federal
laws;
(3) requirements for notice to the Department of Health when there is a change in ownership
of a birth center and any additional licensing requirements related to a change in
ownership;
(4) the scope of services that may be provided at a birth center, including risk factors
that preclude a patient from receiving labor and delivery services at a birth center;
(5) appropriate staffing for a birth center, including the types of licensed providers
who may practice at a birth center;
(6) birth center complaint processes;
(7) birth center facility, equipment, and supply requirements, including requirements
for the maintenance of safety, sanitation, and health;
(8) record retention and confidentiality;
(9) quality assurance and improvement;
(10) processes for the development, submission, approval, and implementation of corrective
action plans;
(11) a requirement for written practice guidelines and policies that include procedures
for transferring a patient to a hospital if circumstances warrant; and
(12)(A) requirements for written policies and procedures for collaboration with hospitals,
other agencies and facilities, and individuals to provide services to patients as
appropriate, including:
(i) laboratory and diagnostic services;
(ii) childbirth education and parenting education support services;
(iii) obstetric consultation services;
(iv) pediatric consultation services;
(v) transport services;
(vi) obstetric and newborn acute care in licensed hospitals; and
(vii) home health care services;
(B) a requirement that the policies and procedures established pursuant to subdivision
(A) of this subdivision (12) are provided to the relevant service providers upon request;
and
(C) a requirement that the birth center provide the health record of the patient or the
newborn, or both, to the receiving service provider upon referral or transfer, in
accordance with applicable privacy laws. (Added 2025, No. 19, § 1.)