Vermont S. 18: An act relating to freedom of expression for students

Bill Text

No. 19 Page 1 of 10
2025

VT LEG #383718 v.1
No. 19. An act relating to licensure of freestanding birth centers.
(S.18)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. chapter 53 is added to read:
CHAPTER 53. BIRTH CENTER LICENSING
§ 2351. DEFINITIONS
As used in this chapter:
(1) “Birth center” means a facility the primary purposes of which are to
provide midwifery care, low-risk deliveries, and newborn care immediately
after delivery, for a stay of generally less than 24 hours. The term does not
include a facility that is a hospital, is part of a hospital, or is owned by a
hospital; a facility that is an ambulatory surgical center; or the residence of the
individual giving birth. A birth center may be located on the grounds of a
hospital.
(2) “Certified nurse midwife” means an advanced practice registered
nurse licensed in accordance with 26 V.S.A. chapter 28, subchapter 2 who has
specialized training in childbirth, newborn care, and reproductive health care
services.
(3) “Change of ownership” means a change in the majority or
controlling interest in an established birth center to another person.

No. 19 Page 2 of 10
2025

VT LEG #383718 v.1
(4) “Corrective action plan” means a written strategy for correcting an
issue of partial compliance, deficiency, or violation of this chapter or rules
adopted pursuant to this chapter.
(5) “Licensed maternity care provider” means a licensed provider whose
professional scope of practice, as established under Vermont law, includes
preconception, prenatal, labor, birth, and postpartum care and early care of a
newborn and who may be the primary attendant during the perinatal period.
(6) “Licensed midwife” means a professional licensed in accordance
with 26 V.S.A. chapter 85.
(7) “Licensed provider” means an individual licensed or certified in
Vermont to provide specific health care-related services within a scope of
practice defined by licensing statutes and rules, and may include advanced
practice registered nurses, including certified nurse midwives; licensed
midwives; physician assistants; naturopathic physicians with a childbirth
endorsement in accordance with 26 V.S.A. §§ 4122(b) and 4125(b); and
physicians.
§ 2352. LICENSE; PROHIBITIONS
(a) No person shall establish, maintain, or operate a birth center in this
State without first obtaining a license for the birth center in accordance with
this chapter.

No. 19 Page 3 of 10
2025

VT LEG #383718 v.1
(b) A birth center may be independently owned and operated by a licensed
maternity care provider or any other person who complies with the
requirements of this chapter.
(c) A birth center shall not offer or provide epidural anesthesia or a
cesarean delivery.
(d) No person shall represent itself as a “birth center” or use the term “birth
center” in its title or in its advertising, publications, or other form of
communication unless the person has been licensed as a birth center in
accordance with the provisions of this chapter.
(e) A license is not transferable or assignable and shall be issued only for
the premises and persons named in the application.
§ 2353. APPLICATION; FEE
(a) An application for licensure of a birth center shall be made to the
Department of Health in the manner specified by the Department and shall
include all information required by the Department.
(b)(1) Each application for an initial license, renewal of a license, or a
change of ownership shall be accompanied by a fee of $250.00.
(2) Fees collected under this section shall be credited to the Hospital
Licensing Fees Special Fund and shall be available to the Department of
Health to offset the costs of licensing birth centers.

No. 19 Page 4 of 10
2025

VT LEG #383718 v.1
§ 2354. LICENSE REQUIREMENTS
Upon receipt of an application for a license and the licensing fee, the
Department of Health shall issue a license if it determines, after an inspection
conducted by the Department or its designee, that the applicant is able to
operate a birth center in accordance with rules adopted by the Department.
§ 2355. REVOCATION OF LICENSE; HEARING
The Department of Health, after notice and opportunity for hearing to the
applicant or licensee, is authorized to condition, deny, suspend, or revoke a
license in any case in which it finds that there has been a substantial failure to
comply with the requirements established under this chapter. Such notice shall
be served by registered mail or by personal service, shall set forth the reasons
for the proposed action, and shall set a date not less than 60 days from the date
of the mailing or service on which the applicant or licensee shall be given
opportunity for a hearing. After the hearing, or upon default of the applicant or
licensee, the Department shall file its findings of fact and conclusions of law.
A copy of the findings and decision shall be sent by registered mail or served
personally upon the applicant or licensee. The procedure governing hearings
authorized by this sec