House Bill 207

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE NEW SECTIONS 73-73-1 THROUGH 73-73-9, MISSISSIPPI CODE OF 1972, TO ESTABLISH CERTAIN REQUIREMENTS THAT PERSONS MUST MEET IN ORDER TO PRACTICE MIDWIFERY AFTER JULY 1, 2015; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL MAINTAIN A CURRENT REGISTER OF MIDWIVES PRACTICING IN THE STATE;

TO PROVIDE FOR EXCEPTIONS TO MEETING THE MIDWIFERY PRACTICE REQUIREMENTS FOR PERSONS SERVING AS A MIDWIFE TO THEIR IMMEDIATE FAMILY OR MEMBERS OF THEIR PERSONAL CHURCH; TO REQUIRE ALL MIDWIVES TO SUBMIT CERTAIN REPORTS TO THE DEPARTMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1. The following shall be codified as Section 73-73-1, Mississippi Code of 1972:
     73-73-1. As used in this chapter, unless the context otherwise requires:
          (a) "Department" means the State Department of Health.
          (b) "Midwife" means a person who is engaged in the practice of midwifery.

(c) "Practice of midwifery" means providing maternity care during the prenatal, intrapartum and postpartum periods, and newborn care up to six (6) weeks postpartum.

     SECTION 2. The following shall be codified as Section 73-73-3, Mississippi Code of 1972:
     73-73-3. The State Department of Health shall maintain a current register of midwives practicing in the state as a matter of public record.
     SECTION 3. The following shall be codified as Section 73-73-5, Mississippi Code of 1972:
     73-73-5. From and after July 1, 2015, in order to practice midwifery in the State of Mississippi, a person must meet the following requirements:

(a) File a completed application to the department;

(b) Submit satisfactory evidence to the department that the applicant is at least twenty-one (21) years of age;

(c) Demonstrate professional competency to the department by completing the requirements for certification as a certified professional midwife (CPM) by the North American Registry of Midwives (NARM) or a successor organization and passing the NARM exam, through one (1) of the following routes:

(i) Graduation from an educational program accredited by the Midwifery Education Accreditation Council (MEAC); or

(ii) Completion of a NARM-approved apprenticeship program; or

(iii) Meeting the following experienced midwife requirements and providing appropriate documentation:

1. Have been in primary practice for a minimum of five (5) years;

2. Have a minimum of seventy-five (75) births within the last ten (10) years, with at least ten (10) births within the last two (2) years;

3. Have a minimum of three hundred (300) prenatal visits among at least fifty (50) different women;

4. Have a minimum of fifty (50) newborn exams; and

5. Have a minimum of seventy-five (75) postpartum visits.

     SECTION 4. The following shall be codified as Section 73-73-7, Mississippi Code of 1972:
     73-73-7. (1) A woman may serve her immediate family (daughters, daughters-in-law, mother, mother-in-law, sisters, and sisters-in-law) as their midwife without having to meet the requirements of Section 73-73-5.
     (2) A woman may serve the members of her personal church as their midwife without having to meet the requirements of Section 73-73-5.
     SECTION 5. The following shall be codified as Section 73-73-9, Mississippi Code of 1972:

73-73-9. All midwives shall submit reports of births, outcomes, and transports to the department, as defined by the department.

SECTION 6. This act shall take effect and be in force from and after July 1, 2011.