00Enrolled SB 349                                                                                                         
01 Requiring licensure of midwifery birth centers; and providing for an effective date.                                    
02                           _______________                                                                               
03    * Section 1.  AS 18.05.040(a) is amended to read:                                                                  
04            (a)  The commissioner shall adopt regulations consistent with existing law for                               
05                 (1)  the definition, reporting, and control of diseases of public health                                
06       significance;                                                                                                     
07                 (2)  cooperation with local boards of health and health officers;                                       
08                 (3)  protection and promotion of the public health and prevention of                                    
09       disability and mortality;                                                                                         
10                 (4)  the transportation of dead bodies;                                                                 
11                 (5)  carrying out the purposes of this chapter;                                                         
12                 (6)  the conduct of its business and for carrying out the provisions of                                 
13       laws of the United States and the state relating to public health;                                                

01                 (7)  establishing the divisions and local offices and advisory groups                                   
02       necessary or considered expedient to carry out or assist in carrying out a duty or power                          
03       assigned to it;                                                                                                   
04                 (8)  the voluntary certification of laboratories to perform diagnostic,                                 
05       quality control, or enforcement analyses or examinations based on recognized or                                   
06       tentative standards of performance relating to analysis and examination of food to                                
07       include seafood, milk, water, and specimens from human beings submitted by licensed                               
08       physicians and nurses for analysis;                                                                               
09                 (9)  the regulation of quality and purity of commercially compressed                                    
10       oxygen sold for human respiration;                                                                                
11                 (10)  the licensure [REGISTRATION] of midwifery birth centers,                                      
12       except that the commissioner may not require the presence of a physician or nurse                                 
13       midwife at a birth resulting from a low risk pregnancy attended by a direct-entry                                 
14       midwife certified in this state.                                                                                  
15    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
16 read:                                                                                                                   
17       CURRENTLY REGISTERED BIRTH CENTERS.  (a)  A birth center whose                                                    
18 registration is valid on June 30, 2004, is considered licensed for purposes of                                          
19 AS 18.05.040(a)(10), as amended by this Act, until six months after the effective date of                               
20 regulations adopted under sec. 3 of this Act.                                                                           
21       (b)  On and after six months after the effective date of regulations adopted under sec. 3                         
22 of this Act, the licensure status of a birth center described in (a) of this section is governed by                     
23 the regulations adopted under AS 18.05.040(a)(10), as amended by sec. 1 of this Act.                                    
24    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
25 read:                                                                                                                   
26       TRANSITIONAL PROVISIONS:  REGULATIONS.  Notwithstanding sec. 5 of this                                            
27 Act, the Department of Health and Social Services may proceed to adopt regulations                                      
28 necessary to implement the changes made by this Act.  The regulations take effect under                                 
29 AS 44.62 (Administrative Procedure Act), but not before July 1, 2004.                                                   
30    * Sec. 4.  Section 3 of this Act takes effect immediately under AS 01.10.070(c).                                   
31    * Sec. 5.  Except as provided in sec. 4 of this Act, this Act takes effect July 1, 2004.