The proposed Birth Freedom Act aims to enhance women's rights regarding maternal healthcare in West Virginia by establishing a framework that supports their autonomy in choosing where and how to give birth. The bill includes findings that childbirth is a natural process, emphasizes the importance of midwifery, and asserts that women have the unqualified right to direct their prenatal, labor, and postpartum care. It also seeks to remove barriers to the establishment and operation of birth centers by exempting them from the requirement of obtaining a certificate of need, thereby facilitating greater access to safe birthing options.

Additionally, the bill outlines the scope of practice for healthcare providers, ensuring that midwives and other trained individuals can practice to the full extent of their training without unnecessary licensure requirements. It prohibits state agencies from creating new occupational licenses for providers involved in maternal care, encouraging voluntary licensure instead. The legislation also establishes a standard of review that favors interpretations limiting agency power and maximizing a mother's rights in maternal healthcare decisions. Overall, the Birth Freedom Act is designed to promote safe, accessible, and woman-centered maternal healthcare in West Virginia.

Statutes affected:
Introduced Version: 16-2S-1, 16-2S-2, 16-2S-3, 16-2S-4, 16-2S-5, 16-2S-6