House Bill 207

AN ACT TO CREATE NEW SECTIONS 73-73-1 THROUGH 73-73-21, MISSISSIPPI CODE OF 1972, 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 REQUIRE LICENSE HOLDERS TO SUBMIT ANNUAL REPORTS TO THE DEPARTMENT; 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 73-73-1, Mississippi Code of 1972:
     73-73-1. 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 a person who holds a license to practice midwifery issued under this chapter.

(d) "Midwife" means a person who is engaged in the practice of midwifery.

(e) "Temporarily licensed midwife" means a person who holds a temporary license to practice midwifery issued under this chapter.

(f) "License holder" means a licensed midwife licensed under the provisions of this chapter.

(g) "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. (1) There is created the Mississippi Licensed Midwifery Board, which shall advise and assist the State Department of Health in its duties under this chapter. The board shall consist of three (3) members who are licensed midwives licensed under this chapter, two (2) members who are consumers of licensed midwife care, and one (1) physician or health care professional who has worked with licensed midwives. The first members of the board who are required to be licensed midwives shall be persons who meet the requirements for a license to practice midwifery under this chapter, or if there are not three (3) persons who meet those requirements on July 1, 2011, then a person who meets the requirements for a temporary license to practice midwifery under this chapter may be appointed as a member of the board in the place of one who is required to be a licensed midwife. All members of the board must be residents of Mississippi and citizens of the United States. Members of the board shall be appointed by the department for terms of four (4) years. After the appointment of the initial members of the board, all later appointments shall be made from a list of candidates provided by the board. Appointments made to fill a vacancy shall be for the period of the unexpired term.
     (2) Members of the board shall receive no compensation or per diem for their service on the board, but may receive reimbursement for traveling expenses, including mileage, incurred in the performance of their official duties with the board, as provided in Section 25-3-41.
     (3) 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, or upon the request of the department. Three (3) board members shall constitute a quorum of the board.

     SECTION 3. The following shall be codified as Section 73-73-5, Mississippi Code of 1972:
     73-73-5. The State Department of Health, with the advise of the board, shall have the following powers and duties under this chapter:
          (a) Issue licenses to applicants who meet the requirements of this chapter;

          (b) Establish procedures for receiving, investigating, and resolving complaints against license holders;
          (c) Deny, suspend, or revoke a license to practice midwifery for any of the grounds listed in Section 73-73-13;
          (d) Censure, reprimand, or place a license holder on probation for a period not to exceed one (1) year;
          (e) Maintain a current register of license holders as a matter of public record;
          (f) Receive fees for the issuance and renewal of licenses; and

          (g) Promulgate rules and regulations necessary to carry out the provisions of this chapter that are 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.
     SECTION 4. The following shall be codified as Section 73-73-7, Mississippi Code of 1972:
     73-73-7. (1) The department shall issue a license to practice midwifery 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 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.

(2) The department shall issue a temporary license to practice midwifery 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, has a current adult CPR card and a current NRC, and can verify attendance, by certified letter from client and/or midwifery records, at not less than twenty-four (24) births as the primary attendant within the previous forty-eight (48) months. A temporary license to practice midwifery shall expire two (2) years from date of issuance, shall not be renewable, and may be not be issued after June 30, 2013.

     SECTION 5. The following shall be codified as Section 73-73-9, Mississippi Code of 1972:
     73-73-9. (1) Each license holder shall renew the license to practice midwifery every two (2) years by submitting a renewal application provided by the department, providing evidence of current certification as a CPM, and paying a license renewal fee.
     (2) A period of ninety (90) days shall be allowed for each license holder after the end of 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 automatically expire if the holder fails to apply for the license renewal under this section within a period of ninety (90) days after the end of the licensure deadline. After a license has expired, the license holder must reapply and meet all current standards for licensure for reinstatement of the expired license.

     SECTION 6. The following shall be codified as Section 73-73-11, Mississippi Code of 1972:
     73-73-11. The department shall collect the following fees that are required to be paid for licensure and renewal:
          (a) For an application for initial licensure, the fee shall be nonrefundable and in the amount of Two Hundred Dollars ($200.00) for Mississippi residents and Four Hundred Dollars ($400.00) for nonresidents;
          (b) The license renewal fee shall be Two Hundred Dollars ($200.00) for Mississippi residents and Four Hundred Dollars ($400.00) for nonresidents;
          (c) The fee for a duplicate or replacement license shall be Fifty Dollars ($50.00);
          (d) The late fee for renewing the license within ninety (90) days after expiration of the license shall be One Hundred Dollars ($100.00).

     SECTION 7. The following shall be codified as Section 73-73-13, Mississippi Code of 1972:
     73-73-13. (1) The department, with the advise of the board, may deny any application, or suspend or revoke any license held or applied for under the provisions of this chapter 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 or permit revoked or suspended in another state.
     (2) Disciplinary proceedings may be initiated upon the receipt by the department of a written complaint by any person, including members of the Licensed Midwifery Board or the State Board of Health.
     SECTION 8. The following shall be codified as Section 73-73-15, Mississippi Code of 1972:

73-73-15. (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 in accredited training programs of these professions. Nothing in this chapter shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which these 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 9. The following shall be codified as Section 73-73-17, Mississippi Code of 1972:
73-73-17. Any person who violates any of 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), or sentenced to three (3) months in the county jail, or both, for each violation.

     SECTION 10. The following shall be codified as Section 73-73-19, Mississippi Code of 1972:
     73-73-19. (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 being a licensed midwife under this chapter.
     (2) A woman may serve the members of her personal church as their midwife without being a licensed midwife under this chapter.
     SECTION 11. The following shall be codified as Section 73-73-21, Mississippi Code of 1972:

73-73-21. All license holders shall submit annual reports of births, outcomes, and transports to the department. Any reports or records submitted to the department are confidential and shall not be disclosed to law enforcement officers.

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, 2011.