Bill Text: MS HB356 | 2013 | Regular Session | Introduced
Bill Title: Midwives; provide for licensure of practice of midwifery.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB356 Detail]
Download: Mississippi-2013-HB356-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Human Services
By: Representative Zuber
House Bill 356
AN ACT TO CREATE NEW SECTIONS 73-75-1 THROUGH 73-75-21, MISSISSIPPI CODE OF 1972, TO BE KNOWN AS THE "LICENSED MIDWIFE PRACTICE ACT"; TO PROVIDE FOR THE LICENSURE OF PERSONS ENGAGED IN THE PRACTICE OF MIDWIFERY BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE DEFINITIONS; TO CREATE THE MISSISSIPPI LICENSED MIDWIFERY BOARD TO ADVISE AND ASSIST THE DEPARTMENT IN ITS DUTIES UNDER THIS ACT; TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS OF THE BOARD; TO PRESCRIBE THE POWERS AND DUTIES OF THE DEPARTMENT UNDER THIS ACT; TO PRESCRIBE THE QUALIFICATIONS FOR A LICENSE TO PRACTICE MIDWIFERY AND A TEMPORARY LICENSE TO PRACTICE MIDWIFERY; TO PROVIDE FOR BIENNIAL RENEWAL OF LICENSES; TO PRESCRIBE FEES FOR LICENSURE AND RENEWAL; TO PRESCRIBE THE GROUNDS FOR WHICH THE DEPARTMENT MAY SUSPEND OR REVOKE A LICENSE; TO PROVIDE FOR EXCEPTIONS TO THE LICENSURE REQUIREMENTS; TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF PROVISIONS OF THIS ACT; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO REMOVE FROM THE DEFINITION OF THE PRACTICE OF MEDICINE THE EXCEPTION FOR FEMALES ENGAGED SOLELY IN THE PRACTICE OF MIDWIFERY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-75-1, Mississippi Code of 1972:
73-75-1. This chapter shall be known and may be cited as the "Licensed Midwife Practice Act."
SECTION 2. The following shall be codified as Section 73-75-3, Mississippi Code of 1972:
73-75-3. As used in this chapter, unless the context otherwise requires:
(a) "Board" means the Mississippi Licensed Midwifery Board.
(b) "Department" means the State Department of Health.
(c) "Licensed midwife" means:
(i) A Certified Professional Midwife (CPM) who has completed the requirements for certification by the North American Registry of Midwives or a successor organization as a certified professional midwife; or
(ii) An
"experienced midwife," which is a person who has practiced as a
midwife for not less than ten (10) years; has a current adult cardiopulmonary
resuscitation (CPR) card and a current Neonatal Resuscitation Certification (NRC); and can verify
attendance as the primary caregiver for seventy-five (75) cases at their births
via certified letter from the client and/or midwifery records, as verified by
the Mississippi Licensed Midwifery Board. This subparagraph (ii) shall stand
repealed on July 1, * * * 2014.
(d) "License holder" means a licensed midwife licensed under the provisions of this chapter.
(e) "Practice of midwifery" means providing maternity care during the prenatal, intrapartum, postpartum periods, and routine newborn care up to six (6) weeks postpartum.
SECTION 3. The following shall be codified as Section 73-75-5, Mississippi Code of 1972:
73-75-5. (1) There is created the Mississippi Licensed Midwifery Board to provide advice and assistance to the State Department of Health in administering the provisions of this chapter. The board shall consist of three (3) members who are midwives licensed under this chapter, two (2) members who are consumers of a licensed midwife's care, and one (1) physician or other health professional member who has worked with licensed midwives. For the initial members of the board, the three (3) midwife members shall be midwives who meet the requirements for licensure under this chapter. All members of the board must be residents of Mississippi and citizens of the United States.
(2) Members of the board shall be appointed by the State Department of Health, and the midwife members of the board shall be appointed from a candidate list provided by the Licensed Midwifery Board, or by the Mississippi Midwives' Alliance for the initial members of the board. The members of the board shall serve for terms of four (4) years from the expiration date of the previous term.
(3) Members of the board shall receive no compensation or per diem for their service on the board.
(4) The board shall elect from its membership a chairman and any other officers as necessary to carry out its duties. The board shall meet at least two (2) times each year. Additional meetings may be called by the chairman, upon the written request of at least two (2) members of the board. Three (3) board members shall constitute a quorum of the board.
(5) The board shall:
(a) Promulgate any regulations as may be necessary to carry out the provisions of this chapter consistent with the standards of practice of the National Association of Certified Professional Midwives or a successor organization, which include guidelines for collaboration and referral to physicians and other health care providers.
(b) Require that all applicants for licensure:
(i) Pass the national board certification exam as administered by the North American Registry of Midwives or a successor organization; or
(ii) Be qualified as an "experienced midwife".
(c) Establish procedures for receiving, investigating, and resolving complaints against license holders.
SECTION 4. The following shall be codified as Section 73-75-7, Mississippi Code of 1972:
73-75-7. The State Department of Health shall:
(a) Issue licenses to applicants who meet the requirements of this chapter.
(b) Deny, suspend, or revoke a license to practice midwifery based on an official recommendation of the board.
(c) Censure, reprimand, or place a license holder on probation for a period not to exceed one (1) year based on an official recommendation of the board.
(d) Maintain a current register of license holders as a matter of public record.
(e) Receive fees for the issuance and renewal of licenses.
SECTION 5. The following shall be codified as Section 73-75-9, Mississippi Code of 1972:
73-75-9. The department shall issue a "Mississippi Midwifery License" to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant is at least twenty-one (21) years of age, and demonstrates professional competency by meeting the requirements to be a licensed midwife.
SECTION 6. The following shall be codified as Section 73-75-11, Mississippi Code of 1972:
73-75-11. (1) Each license holder shall renew the license to practice midwifery every two (2) years by submitting a renewal application provided by the department, evidence of meeting the requirements to be a licensed midwife, and paying a license renewal fee.
(2) A ninety-day period shall be allowed for each license holder after the licensure period, during which time the license may be renewed upon payment of the renewal fee, the late fee, and compliance with all renewal requirements.
(3) Any license granted by the department shall be automatically expired if the holder fails to apply for the license renewal as provided in this section within a period of three (3) months after the renewal deadline. Reinstatement of an expired license shall require the license holder to reapply and meet all current standards for licensure.
SECTION 7. The following shall be codified as Section 73-75-13, Mississippi Code of 1972:
73-75-13. (1) The department shall collect the fees required to be paid for licensure and renewal including the following:
(a) For an application for initial licensure, the fee shall be in the amount of Two Hundred Dollars ($200.00) for Mississippi residents and Four Hundred Dollars ($400.00) for nonresidents, and shall be nonrefundable.
(b) For renewal of a license, the fee shall be Two Hundred Dollars ($200.00) for Mississippi residents and Four Hundred Dollars ($400.00) for nonresidents.
(c) For a duplicate or replacement license, the fee shall be Fifty Dollars ($50.00).
(d) For renewing within ninety (90) days of expiration of the license, the late fee shall be One Hundred Dollars ($100.00).
(2) The amount of the fees may be raised by a majority vote of the board, but not by more than the standard cost of living increase.
SECTION 8. The following shall be codified as Section 73-75-15, Mississippi Code of 1972:
73-75-15. (1) The department may deny any application, or suspend or revoke any license held or applied for under the provisions of Section 73-75-19 if the person:
(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or attempting to procure a license to practice midwifery;
(b) Is adjudicated mentally incompetent;
(c) Is found guilty of a felony or misdemeanor involving moral turpitude;
(d) Is found guilty of unprofessional or unethical conduct in this or any other jurisdiction;
(e) Has been using any controlled substance or alcoholic beverage to an extent or in a manner dangerous to the person, any other person, or the public, or to an extent that the use impairs the ability to perform as a licensed midwife;
(f) Has violated any provision of this chapter;
(g) Willfully or negligently divulges a professional confidence; or
(h) Has had her midwifery credentials/license/permit revoked or suspended in another state.
(2) Disciplinary proceedings may be initiated upon the receipt by the board of a written complaint by any person, including members of the department.
SECTION 9. The following shall be codified as Section 73-75-17, Mississippi Code of 1972:
73-75-17. (1) The provisions of this chapter shall not apply to persons licensed, certified, or registered under any other provisions of Mississippi law, including, but not limited to, physicians, nurses and students within accredited training programs of those professions. Nothing in this chapter shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which those persons hold themselves out to the public.
(2) No person shall use the title "licensed midwife" or hold herself out as having this status, unless she is licensed as such by the department.
SECTION 10. The following shall be codified as Section 73-75-19, Mississippi Code of 1972:
73-75-19. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00) for each violation.
SECTION 11. The following shall be codified as Section 73-75-21, Mississippi Code of 1972:
73-75-21. (1) A woman may serve her immediate family (daughters, daughters-in-law, mother, mothers-in-law, sisters, and sisters-in-law) as their midwife without being a licensed midwife within the state without receiving compensation.
(2) A woman may serve the members of her personal church as their midwife without being a licensed midwife within the state without receiving compensation.
SECTION 12. Section 73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33. The practice of
medicine shall mean to suggest, recommend, prescribe, or direct for the use of
any person, any drug, medicine, appliance, or other agency, whether material or
not material, for the cure, relief, or palliation of any ailment or disease of
the mind or body, or for the cure or relief of any wound or fracture or other
bodily injury or deformity, or the practice of obstetrics or midwifery, after
having received, or with the intent of receiving therefor, either directly or
indirectly, any bonus, gift, profit or compensation * * *.
SECTION 13. This act shall take effect and be in force from and after July 1, 2013.
