The proposed bill aims to establish the Birth Freedom Act in West Virginia, which emphasizes the rights of women to direct their maternal healthcare. It includes findings that childbirth is a natural process, recognizes the historical role of midwifery, and asserts that women have the right to choose where and how to give birth, including the right to decline services and select their caregivers. The bill also seeks to enhance access to prenatal, labor, and postpartum care by exempting birth centers from the requirement of obtaining certificates of need, thereby allowing them to operate without unnecessary regulatory burdens.

Additionally, the bill outlines the scope of practice for healthcare providers, ensuring that midwives can practice to the full extent of their training while maintaining that no new occupational licenses for maternal care providers can be established without legislative approval. It encourages voluntary licensure for insurance reimbursement purposes and recognizes out-of-state licenses to increase access to maternal healthcare. The bill also stipulates that in legal actions involving state agencies and maternal care, courts should favor interpretations that limit agency power and uphold a mother's rights to direct her care.

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