Alabama Circuit Court Judge Blocks Enforcement of Birthing Center Regulations

Montgomery Circuit Court judge Greg Griffin on Saturday issued a ruling blocking the Alabama Department of Public Health (ADPH) from enforcing a new set of regulations against birthing centers in the state.

The ruling is a win for midwives and doctors who, represented by the ACLU, challenged the regulations in August, calling the new rules a “de facto ban” on birthing centers. 

The new rules, which were approved in August by the ADPH would require birthing centers, defined by the American Association of Birth Centers to mean a “health care facility for childbirth where care is provided in the midwifery and wellness model,” to be within 30 minutes of a hospital that provides OB-GYN care, as well as a rule mandating that a doctor or medical director be in charge of these centers that are run independent of hospitals. 

Griffin, however, issued a preliminary injunction against these regulations, which means that birthing centers in Alabama can still receive licenses so long as they maintain standards consistent with the American Association of Birth Centers.

“We are pleased that the court put an end to the Alabama Department of Public Health’s unlawful and dangerous de facto ban on birth centers, allowing the dedicated providers in this case to offer pregnant Alabamians the essential health care they need in birth centers throughout the state,” staff attorney with the ACLU Reproductive Freedom Project Whitney White said in a statement.

The regulations will not be enforced until the court issues a final ruling.