Oasis Birthing Center in Birmingham has reopened after being closed for six months due to a major regulatory dispute with the Alabama Department of Public Health.
Oasis is the lead plaintiff in a lawsuit against ADPH, arguing that regulations proposed at the time and now enacted by the agency are unconstitutional and disadvantageous to birth centers and certified professional midwives.
The lawsuit cleared the way for Circuit Court Judge Greg Griffin to issue a preliminary injunction in October 2023, allowing Oasis and other similar birth centers to continue operating.
“This is a temporary procedure in place for the duration of the litigation,” said Whitney White, staff attorney with the ACLU's Reproductive Freedom Project.
Dr. Heather Skeins, who runs the birthing center, said she was happy to be open again after having to close her doors in July.
“We are excited to be open again and hope to continue to maintain a perfect safety record to demonstrate that our practices are very reasonable,” Skeins said.
Because of ADPH's new regulations, Skenes said she has had to start turning potential patients away. While technically the center could have continued to provide prenatal care, it would not have been financially possible without the delivery, Skanes said.
While the injunction restores a sense of normalcy to the birthing center in line with national standards, the basis of the lawsuit remains and will need to be resolved by the courts to provide long-term relief.
If the court sides with ADPH, birth centers and midwives say the regulations could force them to abandon their business model entirely.
This type of midwifery, which takes place outside of hospitals, has been illegal for decades, but has only been legal in the state for four years.