Kentucky Revised Statutes Title XVIII. Public Health § 216B.198.Freestanding birthing centers; cabinet to establish licensing standards; medical director; informed consent; patient transfer agreements; liability; prohibition against performance of abortion

(a) Require accreditation by the Commission for the Accreditation of Birth Centers;

(b) Delineate requirements for medical malpractice insurance;

(c) Require location within thirty (30) miles of a hospital. If a hospital located within thirty (30) miles of a freestanding birthing center ceases operations after a freestanding birthing center has been established, the requirement of this paragraph shall not apply to the affected freestanding birthing center;

(d) Do not prohibit a hospital from owning or operating a freestanding birthing center that complies with the requirements of this section; and

(e) Include any other requirements deemed necessary by the cabinet that are not inconsistent with the other requirements of this section.

(3)(a) A freestanding birthing center shall have a medical director who is a licensed physician who has, at a minimum, the following functions:

(b) The cabinet shall establish a timeline for a freestanding birthing center to fill the position of medical director if the position becomes vacant.

(a) A description of the benefits, risks, and eligibility requirements for receiving care at the freestanding birthing center;

(b) A description of the education and credentials of practitioners providing clinical care at the freestanding birthing center;

(c) Instructions for obtaining a copy of the administrative regulations promulgated pursuant to this section;

(d) Instructions for filing a complaint relating to the freestanding birthing center with the cabinet;

(e) A summary of a written protocol for emergencies, including transfer to a higher level of care;

(f) Disclosure of professional liability insurance held by health care providers at the freestanding birthing center; and

(g) A summary of procedures established by the freestanding birthing center for professional collaboration with other care providers.

(5)(a) A freestanding birthing center shall have a written patient transfer agreement with a hospital that provides obstetric services. The cabinet shall establish minimum requirements for the patient transfer agreement which shall include:

(b) The cabinet shall establish a process and criteria by which the requirement of paragraph (a) of this subsection may be waived if a freestanding birthing center submits to the cabinet evidence of a failure by a hospital that provides obstetric services to enter into a written patient transfer agreement with the freestanding birthing center.

(6)(a) A freestanding birthing center shall have a written patient transfer agreement with a licensed emergency medical transportation service.

(b) The cabinet shall establish a process and criteria by which the requirement of paragraph (a) of this subsection may be waived if a freestanding birthing center submits to the cabinet evidence of a failure by a licensed emergency medical transportation service to enter into a written patient transfer agreement with the freestanding birthing center.

(8)(a) Nothing in this section is intended to expand or limit the liability of a health care provider, health care facility, or freestanding birthing center.

(b) In the event of an action for injury or death due to any act or omission of a health care provider rendering services at a freestanding birthing center from which an injured patient is transferred to any other licensed health care provider or licensed health care facility: