Signed by Governor Kevin Stitt

Vote Smart's Synopsis:

Vote to pass a bill that establishes a licensure process for midwives.

Highlights:

• Defines “midwifery” as the practice of (Sec. 2):

• Providing the necessary supervision, care and advice to a woman during normal pregnancy, labor and the postpartum period,

• Conducting a normal delivery of a child,

• Providing normal newborn care; and

• Providing routine well-woman care and screenings.

• Defines “normal”, as applied to pregnancy, labor, delivery, the postpartum period and the newborn period, and as defined by rules of the State Commissioner of Health, circumstances under which a midwife has determined that a client does not have a condition that requires medical intervention (Sec. 2).

• Specifies that this act does not apply to (Sec. 3):

• A Certified Nurse-Midwife, a physician or another health care professional licensed by the state and operating within the scope of the person’s license;

• A student midwife who is providing midwifery care under the direct supervision of a qualified, licensed midwife preceptor;

• A natural childbirth educator; or

• A person other than a midwife who assists childbirth in an emergency.

• Authorizes the State Commissioner of Health to promulgate rules that they deem necessary for the implementation and enforcement of this act, including, but not limited to (Sec. 4):

• Scope of practice;

• A formulary of prescription drugs that a licensed midwife may obtain, transport and administer when providing midwifery services;

• A list of routine tests and procedures for which informed consent or refusal must be obtained;

• Qualifications for licensure;

• Renewals and reinstatements;

• Fees;

• Continuing education requirements;

• Complaints;

• Violations; and

• Penalties.

• Establishes an Advisory Committee on Midwifery to continue until July 1, 2026 (Sec. 5).

• Requires an applicant who initially applies for a license to provide the committee with documentary evidence that the person has been certified by the North American Registry of Midwives, the American Midwifery Certification Board or a successor organization approved by the Commissioner (Sec. 6).

• Prohibits a licensed midwife from (Sec. 7):

• Providing midwifery care in violation of the rules of the State Commissioner of Health, except in an emergency that poses an immediate threat to the life of a woman or newborn;

• Administering a prescription drug to a client other than as provided by the formulary or as ordered by a physician;

• Using forceps, a vacuum extractor or any prescription drug to advance or retard labor or delivery; or

• Making a false or misleading statement or record on a birth certificate.

• Requires a licensed or unlicensed midwife to disclose verbally and in written form to a prospective client at the outset of the professional relationship (Sec. 10):

• Which credential the midwife possessed;

• The limitations of the skills and practices of a midwife;

• Whether the midwife carries malpractice insurance; and

• A plan for emergencies and complications to include selection of a hospital in case of emergency.

• Requires a licensed midwife to call for emergency assistance in an emergency situation that is outside of the licensed midwife’s scope of practice (Sec. 11).

• Requires the State Department of Health to maintain a roster of each licensed midwife in the state (Sec. 13).

Full Bill Text