105 CMR 140.902
Staffing
A birth center shall have adequate, trained staff who are licensed as required and are
available at all times to meet the needs of its patients including, but not limited to:
(A) Administrative Director of the Birth Center.
(1) A birth center shall have an administrative director who shall be responsible for
implementing and overseeing the operational policies of the birth center.
(2) The administrative director must have health care and business experience.
(3) One person may serve as both administrative director and director of medical affairs if
the individual meets the requirements for both positions and can perform the duties of both
positions.
(4) One person may serve as the administrative director and the clinic administrator if the
individual meets the requirements for both positions and can perform the duties of both
positions.
(B) Director of Medical Affairs.
(1) A birth center shall have a Director of Medical Affairs who shall be an obstetrician, a
certified nurse midwife, certified professional midwife, family practitioner or gynecologist.
The Director of Medical Affairs must be licensed to practice in the Commonwealth, and their
professional scope of practice must include preconception, prenatal, labor, birth and
postpartum care and earlycare of the newborn and who maybe the primaryattendants during
the perinatal period; and
(2) The Director of Medical Affairs shall be responsible for advising and consulting with
the medical staff of the birth center on all matters related to medical management of
pregnancy, birth, post-partum, newborn and gynecologic health care, including policies,
procedures and protocols that are outside the scope of midwifery practice.
(C) Required Staffing at Births.
(1) Birth Attendant. A certified nurse-midwife, certified professional midwife, or an
obstetrician or family practitioner. The Birth Attendant must be licensed to practice in the
Commonwealth, and their professional scope of practice must include preconception,
prenatal, labor, birth and postpartum care and early care of the newborn. The Birth
Attendant shall attend each pregnant person in labor from the time of admission; during
labor; during the birth; and through the immediate postpartum period. Such attendance may
be delegated only to another birth attendant.
(2) Birth Assistant. A second staff person shall also be present at each birth. The second
staff person must be either a certified nurse-midwife, or a licensed nurse, or a provider
licensed or certified by the Department as specified in Department guidelines. For purposes
of 105 CMR 140.902(C), licensed nurses shall include registered nurses and licensed
practical nurses.
(3) Licensed nurses functioning as a birth assistant must have experience providing direct
clinical care to laboring patients, in any setting, that includes training or experience in
(a) adult and infant resuscitation;
(b) assessing the phases and stages of labor;
(c) psychology and physiology of labor and delivery; and
(d) equipment and supplies used for labor and delivery.