Stakeholder processes for updates to 6 CCR 1011-1, Chapter 22 – Birth Centers related to Labor and Childbirth Policies as required by Senate Bill 21-193, changes in midwife-related statutes in SB21-1

 

To: All Stakeholders interested in regulations related to 6 CCR 1011-1, Chapter 22 - Birth Centers  From: HFEMSD The Health Facilities and Emergency Medical Services Division is convening two consecutive stakeholder processes related to 6 CCR 1011-1, Chapter 22 – Birth Centers. As follows: For four months, beginning October 17, 2023 and continuing through January 16, 2024, there will be a combined stakeholder process for representatives of Birth Centers and Hospitals, with regard to updates required for Senate Bill 21-193, “Protection of a Pregnant Person’s Rights During the Perinatal Period.” This legislation was passed by the Colorado Legislature and signed by Governor Polis during the 2021 legislative session. It requires health facilities that provide services related to labor and childbirth to have certain policies related to the birth process.   This four-month process will be used to draft language regarding these policies, but unlike the typical stakeholder process that results in a rulemaking, this process will result in language that can be taken forth and incorporated into the second stakeholder process impacting Chapter 22, as described in the next bullet. The meetings for this joint stakeholder process for the facilities that provide services related to labor and childbirth will begin in October 2023, and will be held on the third Tuesday of the month, from 1:00 to 3:00 p.m. The October and January meetings will be held in a hybrid format—in person at CDPHE, as well as virtually, via Zoom--to ensure equal access regardless of the geographic location of the attendees. Due to the constraints regarding the holidays in November and December, those meetings will be virtual-only, again via Zoom. Details regarding the process, including process timeline, expected topic schedule, and alternate ways to provide comment are included in the stakeholder information letter. All who are interested are welcome to attend and participate. Meeting documents, including agendas, proposed rule language, presentations, etc., will be posted to the public meeting drive no later than a week before each meeting.  Notice of each meeting will be provided to facilities through the Division’s portal messaging system roughly two weeks in advance of each meeting. Notice will also be emailed directly to all individuals who sign up to receive such messages. Please sign up here. Please feel free to share this link with other interested parties. If you have any questions or comments prior to the first meeting of the Labor and Childbirth Policy Stakeholder Group, please contact Francile Beights at francile.beights@state.co.us, or Alexandra Haas at alexandra.haas@state.co.us.  Beginning in February 2024 and continuing through November 2024, there will be a Birth-center specific stakeholder process for general updates to Chapter 22, as well as modifications to the regulations needed for consistency with Senate Bill 21-101 and Senate Bill 23-167, regarding direct-entry midwives and certified nurse midwives, respectively. The policy language developed in the Labor and Childbirth Policy Stakeholder Group (as outlined above) will be brought forward and included as part of the rulemaking that results from this stakeholder effort.  Information regarding this stakeholder process will be distributed in November 2023, but it is anticipated that meetings will keep the same day/time as the Labor and Childbirth Policy Stakeholder Group, namely the third Tuesday of each month, from 1:00-3:00 p.m. Until Chapter 22 can be updated, please remember that when statute and rules are inconsistent, the statute is the authority. As you may recall, Governor Polis signed Senate Bill 21-101, Concerning the Continuation of Direct-Entry Midwives, a portion of which impacted licensed Birth Centers subject to 6 CCR 1011-1, Chapter 22. The law expanded the settings where a direct-entry midwife may practice to include birth centers. This law, and this expanded scope, were effective Sept. 1, 2021, and per the provider message sent August 23, 2021, direct-entry midwives have been allowed to practice in licensed birth centers since that effective date, regardless of any conflicting regulatory language. All birth centers have been and will continue to be held to this standard on survey.  If you have any questions or comments prior to the meeting, feel free to contact Francile Beights at francile.beights@state.co.us, or Alexandra Haas, at alexandra.haas@state.co.us.