AN ACT
ENTITLED, An Act to permit and regulate the practice of licensed certified professional midwives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Approved program," an educational program of study leading to eligibility for
certification as a midwife that is approved or accredited by the midwifery education
accreditation council (MEAC);
(2) "Board," the South Dakota Board of Certified Professional Midwives;
(3) "Certified professional midwife" or "CPM," a practitioner licensed and authorized under
this chapter to manage and care for the low-risk mother-baby unit in an out-of-hospital
setting during pregnancy, labor, delivery, and postpartum periods;
(4) "Client," a woman under the care of a certified professional midwife outside of a hospital;
(5) "Licensed," a written authorization by the board required to practice as a certified
professional midwife or certified professional midwife student;
(6) "Low risk," a pregnancy that is anticipated to be problem free based on an assessment of
the woman's past medical history and ongoing assessment of the mother-baby unit
throughout the pregnancy, labor, delivery, and postpartum care;
(7) "Midwife student," a student enrolled in an approved program and licensed and authorized
under this Act;
(8) "Transporting," transferring, during the course of labor and delivery, the responsibility of
providing services to a client from a certified professional midwife to a licensed health
care provider.
Section 2. That the code be amended by adding a NEW SECTION to read:
Section 2. That the code be amended by adding a NEW SECTION to read:
No person may practice or offer to practice as a certified professional midwife in this state unless
the person is currently licensed to practice by the board.
Section 3. That the code be amended by adding a NEW SECTION to read:
Section 3. That the code be amended by adding a NEW SECTION to read:
This Act does not prohibit the performance of the functions of a certified professional midwife
if performed:
(1) In an emergency situation;
(2) By a certified nurse midwife licensed pursuant to chapter 36-9A and authorized to
practice in this state;
(3) By a physician licensed pursuant to chapter 36-4 and authorized to practice in this state;
(3) By a physician licensed pursuant to chapter 36-4 and authorized to practice in this state;
(4) By a student midwife licensed pursuant to this Act and enrolled in an approved program
and who is under the direct supervision of a preceptor which could include a physician,
a certified nurse midwife, or a certified professional midwife licensed by this state;
(5) By any person exempt pursuant to § 36-2-20; or
(6) By a certified professional midwife licensed or authorized to practice in another state or jurisdiction in order to provide education or consultation for a period of not more than seven days.
Section 4. That the code be amended by adding a NEW SECTION to read:
(6) By a certified professional midwife licensed or authorized to practice in another state or jurisdiction in order to provide education or consultation for a period of not more than seven days.
Section 4. That the code be amended by adding a NEW SECTION to read:
No person may be licensed to practice as a certified professional midwife unless the person:
(1) Has obtained the certified professional midwife credential;
(2) For licensure of a person who obtains certification after December 31, 2019, has
completed an educational program or pathway accredited by MEAC; or
(3) For a person who obtained certification through an educational program or pathway not
accredited by MEAC:
(a) If certified before January 1, 2020, through a nonaccredited pathway, has obtained
the midwifery bridge certificate issued by the North American Registry of
Midwives before applying for licensure in this state; or
(b) Has maintained licensure in a state that does not require an accredited education
and has obtained the midwifery bridge certificate regardless of the date of
certification before applying for licensure in this state.
Section 5. That the code be amended by adding a NEW SECTION to read:
Section 5. That the code be amended by adding a NEW SECTION to read:
The practice in this state as a certified professional midwife or certified professional midwife
student is subject to the control and regulation of the board established by section 6 of this Act. The
board may license, supervise the practice, and otherwise discipline any person applying for or
practicing as a certified professional midwife or certified professional midwife student.
Section 6. That the code be amended by adding a NEW SECTION to read:
Section 6. That the code be amended by adding a NEW SECTION to read:
There is hereby established the Board of Certified Professional Midwives within the Department
of Health. The board shall submit records, information, and reports in the form and as required by
the secretary of health. The board shall report at least annually to the Department of Health.
Section 7. That the code be amended by adding a NEW SECTION to read:
Section 7. That the code be amended by adding a NEW SECTION to read:
The Governor shall appoint a board consisting of two certified professional midwives who are
licensed and in good standing pursuant to this Act, one certified nurse midwife who is licensed and
in good standing pursuant to chapter 36-9A, one physician with experience in maternity care who
is licensed and in good standing pursuant to chapter 36-4, and one public member who has received
midwifery care in an out-of-hospital setting.
Section 8. That the code be amended by adding a NEW SECTION to read:
Section 8. That the code be amended by adding a NEW SECTION to read:
Each member of the board shall be a citizen of the United States, a resident of this state for a
minimum of two years before appointment to the board, and shall file with the secretary of state an
oath of office before beginning the member's term of office. However, until at least five certified
professional midwives meet the residency requirement, the Governor may appoint certified
professional midwives, who are licensed in this state, who reside in other jurisdictions to serve on
the board. Initial appointments to the board may include certified professional midwives who are
eligible for licensure under this Act and who intend to apply for licensure in this state when it is
available.
Section 9. That the code be amended by adding a NEW SECTION to read:
The term of office for members of the board is three years and expires on October thirtieth. Each
member shall serve until a successor is appointed and qualified. No member may be appointed to
more than three consecutive full terms. Appointment of a person to an unexpired term is not
considered a full term for this purpose.
At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board
member. The Governor may stagger terms to enable the board to have different terms expire each
year.
Section 10. That the code be amended by adding a NEW SECTION to read:
Section 10. That the code be amended by adding a NEW SECTION to read:
The Governor may remove any member from the board for neglect of any duty required by law
or for incompetency or unprofessional or dishonorable conduct.
Section 11. That the code be amended by adding a NEW SECTION to read:
Section 11. That the code be amended by adding a NEW SECTION to read:
An applicant for licensure as a certified professional midwife or certified professional midwife
student shall file with the board an application, verified by oath, on a form prescribed by the board
and accompanied by the prescribed fee. If the board finds that the applicant satisfies the requirements
for licensure in section 4 of this Act, passes a background check required by section 12 of this Act,
and is not otherwise disqualified pursuant to section 22 of this Act, the board shall issue the applicant
a license to practice as a certified professional midwife or certified professional midwife student.
Section 12. That the code be amended by adding a NEW SECTION to read:
Section 12. That the code be amended by adding a NEW SECTION to read:
Each applicant for licensure as a certified professional midwife or certified professional midwife
student in this state shall submit to a state and federal criminal background investigation by means
of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of
Investigation. Upon application, the board shall submit completed fingerprint cards to the Division
of Criminal Investigation. Upon completion of the criminal background check, the Division of
Criminal Investigation shall forward to the board all information obtained as a result of the criminal
background check. This information shall be obtained before permanent licensure of the applicant.
Failure to submit or cooperate with the criminal background investigation is grounds for denial of
an application. The applicant shall pay for any fees charged for the cost of fingerprinting or the
criminal background investigation.
Section 13. That the code be amended by adding a NEW SECTION to read:
Section 13. That the code be amended by adding a NEW SECTION to read:
For the purposes of this Act, the practice of a certified professional midwife is the management
and care of the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor,
delivery, and postpartum periods. A certified professional midwife may perform the following scope
of practice in an out-of-hospital setting including a licensed birth center:
(1) Initial and ongoing assessment for suitability of midwifery care including assessment of
risk;
(2) Prenatal care, including the routine monitoring of vital signs, indicators of fetal
development, and ordering of routine prenatal laboratory tests;
(3) Recognizing the limits of knowledge and experience, planning for situations beyond
expertise, and consulting with, or referring or transporting clients to other licensed health
care providers as appropriate;
(4) Attending and supporting the natural process of labor and birth;
(5) Postpartum care of the mother and an initial assessment and screening of the newborn;
(6) Providing prenatal education, information, and referrals to community resources on
childbirth preparation, breastfeeding, exercise, nutrition, parenting, and care of the
newborn;
(7) Limited prescriptive authority to administer:
(a) Vitamin K to the baby either orally or through intramuscular injection;
(b) Postpartum antihemorrhagic medication in an emergency situation;
(c) Local anesthetic for repair of a first or second degree perineal laceration;
(d) IV antibiotics for treatment of Group B strep during labor;
(e) Oxygen;
(f) Eye prophylaxis;
(g) RhoGam; and
(8) Preparing and filing of a birth certificate pursuant to § 34-25-9.1.
Section 14. That the code be amended by adding a NEW SECTION to read:
Section 14. That the code be amended by adding a NEW SECTION to read:
For the purposes of this Act, the practice of a certified professional midwife does not include:
(1) The use of any surgical instrument at a childbirth, except as necessary to sever the
umbilical cord or repair a first or second degree perineal laceration;
(2) Prescribing prescription medications including controlled drugs, except as permitted
pursuant to subdivision (7) of section 13 of this Act;
(3) The assisting of childbirth by artificial or mechanical means including forceps, vacuum
delivery, or cesarean delivery; or
(4) Performing or assisting in an abortion.
Section 15. That the code be amended by adding a NEW SECTION to read:
Section 15. That the code be amended by adding a NEW SECTION to read:
The license of a certified professional midwife is valid for two years and is renewable pursuant
to section 16 of this Act. The board shall provide a notice for renewal to each licensed certified
professional midwife at least ninety days before the expiration date of the license or certificate of
renewal.
Section 16. That the code be amended by adding a NEW SECTION to read:
To renew the license, the license holder shall, before the expiration date, return to the board:
(1) The renewal notice;
(2) Evidence of meeting the re-certification requirements for CPM re-certification by the
North American Registry of Midwives;
(3) Evidence that the license holder has a minimum of one hundred forty hours in the
preceding twelve-month period, or four hundred eighty hours in the preceding six-year
period, of patient care, employment, or volunteer work in midwifery;
(4) An affidavit that the licensee has committed no act of misconduct as set forth by section
22 of this Act; and
(5) The prescribed renewal fee.
Upon receipt of the requirements, and if not otherwise disqualified pursuant to section 22 of this
Act, the board shall issue to the license holder a certificate of license renewal. The certificate of
renewal shall indicate the expiration date of the license.
Section 17. That the code be amended by adding a NEW SECTION to read:
Section 17. That the code be amended by adding a NEW SECTION to read:
If a licensee fails to maintain active status or secure inactive status, as provided in section 18 of
this Act, the license shall lapse on the final date of the period for which is was last renewed. A lapsed
license may be reinstated by filing a satisfactory explanation for failure to renew, payment of the
required fee, and by filing evidence of all requirements established by section 16 of this Act.
Section 18. That the code be amended by adding a NEW SECTION to read:
Section 18. That the code be amended by adding a NEW SECTION to read:
The holder of a current license may file with the board a written application, together with the
prescribed fee, requesting inactive status.
Section 19. That the code be amended by adding a NEW SECTION to read:
Section 19. That the code be amended by adding a NEW SECTION to read:
The board shall promulgate by rule, pursuant to chapter 1-26, and shall collect in advance the
following nonrefundable fees from each applicant:
(1) For initial licensure or endorsement from another state, not more than one thousand
dollars;
(2) For biennial renewal of license, not more than one thousand five hundred dollars;
(3) For reinstatement of a lapsed license, the current renewal fee plus not more than five
hundred dollars;
(4) For providing a transcript, not more than twenty-five dollars;
(5) For effecting a name change on the records of the license holder, not more than one
hundred dollars;
(6) For issuance of a duplicate license, not more than one hundred fifty dollars;
(7) For placing a license on inactive status, not more than one hundred dollars;
(8) For endorsement to another state, territory, or foreign country, not more than one hundred
fifty dollars;
(9) For an initial student license, not more than five hundred dollars; and
(10) For a per birth delivery fee, not more than one hundred dollars per birth.
Section 20. That the code be amended by adding a NEW SECTION to read:
Section 20. That the code be amended by adding a NEW SECTION to read:
There is hereby established the midwife regulation fund. All fees received by the board, and
money collected under this Act, shall be forwarded to the state treasurer before the eleventh day of
each month. The state treasurer shall credit the funds to the midwife regulation fund. The funds in
the account are hereby continuously appropriated to the board for the purpose of paying the expense
of administering and enforcing the provisions of this Act. The total expenses incurred by the board
may not exceed the total amount of funds collected.
Section 21. That the code be amended by adding a NEW SECTION to read:
Section 21. That the code be amended by adding a NEW SECTION to read:
The Governor is not required to appoint members to the board and the board is not required to
begin issuing licenses pursuant to this Act until the balance in the midwife regulation account is
greater than twenty thousand dollars.
Section 22. That the code be amended by adding a NEW SECTION to read:
Section 22. That the code be amended by adding a NEW SECTION to read:
The board may deny, revoke, or suspend any license or application for licensure to practice as
a certified professional midwife or certified professional midwife student in this state, and may take
such other disciplinary or corrective action as the board deems appropriate upon proof that the
license holder or applicant has:
(1) Committed fraud, deceit, or misrepresentation in procuring or attempting to procure a
license;
(2) Aided or abetted an unlicensed person to practice as a certified professional midwife;
(3) Engaged in practice as a certified professional midwife under a false or assumed name
and failed to register that name pursuant to chapter 37-11, or impersonated a license
holder of a like or different name;
(4) Committed an alcohol or drug related act or offense that interferes with the ability to
practice midwifery safely;
(5) Negligently, willfully, or intentionally acted in a manner inconsistent with the health and
safety of those entrusted to the license holder's care;
(6) Had authorization to practice as a certified professional midwife denied, revoked, or
suspended or had other disciplinary action taken in another state;
(7) Practiced in this state as a certified professional midwife without a valid license;
(8) Engaged in the performance of certified professional midwifery beyond the scope of
practice authorized by section 13 of this Act;
(9) Violated any provision of this Act or rule promulgated pursuant to this Act;
(10) Been convicted of a felony. The conviction of a felony means a conviction of any offense
which, if committed in this state, would constitute a felony under state law; or
(11) Engaged in substandard, unprofessional, or dishonorable conduct.
Section 23. That the code be amended by adding a NEW SECTION to read:
Section 23. That the code be amended by adding a NEW SECTION to read:
Any proceeding related to the revocation or suspension of a license shall conform to the
procedures set forth in chapter 1-26. A license may be revoked or suspended only at a hearing
conducted in accordance with chapter 1-26.
Section 24. That the code be amended by adding a NEW SECTION to read:
Section 24. That the code be amended by adding a NEW SECTION to read:
The board may take action authorized by section 23 of this Act upon satisfactory showing that
the physical or mental condition of the license holder or applicant is determined by a competent
medical examiner to be such as to jeopardize or endanger the health of those entrusted to the license
holder's or applicant's care. The board may demand an examination of a license holder or applicant
by a competent medical examiner selected by the board at the board's expense. If a license holder
fails to submit to the examination, the failure constitutes immediate grounds for suspension of the
license holder's license.
Section 25. That the code be amended by adding a NEW SECTION to read:
Section 25. That the code be amended by adding a NEW SECTION to read:
An aggrieved party may appeal a board decision pursuant to chapter 1-26.
Section 26. That the code be amended by adding a NEW SECTION to read:
Section 26. That the code be amended by adding a NEW SECTION to read:
A revoked or suspended license may be reissued at the discretion of the board upon a finding of
good cause.
Section 27. That the code be amended by adding a NEW SECTION to read:
Section 27. That the code be amended by adding a NEW SECTION to read:
No person may:
(1) Practice or offer to practice as a certified professional midwife or certified professional
midwife student without being licensed pursuant to this Act;
(2) Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other
record necessary to practice under this Act or aid or abet in such actions;
(3) Practice as a certified professional midwife under cover of any diploma, license, renewal
of license, or other record necessary to practice under this Act that was issued unlawfully
or under fraudulent representation;
(4) Use in connection with that person's name a sign, card, device, or other designation that
implies that the person is a certified professional midwife without being licensed pursuant
to this Act; or
(5) Practice as a certified professional midwife during the time that the person's license has
lapsed or has been revoked or suspended.
A violation of this section is a Class 1 misdemeanor.
Section 28. That the code be amended by adding a NEW SECTION to read:
Section 28. That the code be amended by adding a NEW SECTION to read:
It is necessary to prove in any prosecution only a single act prohibited by law, or a single holding
out, or a single attempt, without proving a general course of conduct in order to constitute a violation
of this Act.
Section 29. That the code be amended by adding a NEW SECTION to read:
Section 29. That the code be amended by adding a NEW SECTION to read:
The board may apply for an injunction in the circuit court for the county of the person's residence
to enjoin any person who:
(1) Is practicing as a certified professional midwife without a license issued by the board;
(2) Is practicing as a certified professional midwife under a license that has lapsed or has been
suspended or revoked;
(3) Is engaging as a certified professional midwife in the performance of functions beyond
the scope of practice authorized by section 13 of this Act; or
(4) Is, by reason of a physical or mental condition, endangering, or threatening to endanger,
the health or safety of those entrusted to that person's care as a certified professional
midwife.
Section 30. That the code be amended by adding a NEW SECTION to read:
Section 30. That the code be amended by adding a NEW SECTION to read:
Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the
person is or has been engaging in unlawful or dangerous practice as described in section 29 of this
Act, may issue a temporary injunction, without notice or bond, enjoining that person from further
practice as a certified professional midwife.
Section 31. That the code be amended by adding a NEW SECTION to read:
Section 31. That the code be amended by adding a NEW SECTION to read:
An action for injunction is an alternative to criminal proceedings, and the commencement of
either proceeding by the board constitutes an election.
Section 32. That the code be amended by adding a NEW SECTION to read:
Section 32. That the code be amended by adding a NEW SECTION to read:
The board shall promulgate rules pursuant to chapter 1-26 pertaining to:
(1) Licensing and licenses;
(2) The practice and scope, pursuant to section 13 of this Act, of certified professional
midwives and certified professional midwife students;
(3) Disciplinary proceedings;
(4) Fees;
(5) Approval of certified professional midwife education programs; and
(6) Criteria for low-risk pregnancy and delivery.
Section 33. That the code be amended by adding a NEW SECTION to read:
Section 33. That the code be amended by adding a NEW SECTION to read:
A certified professional midwife shall, at an initial consultation with a client, provide a copy of
an informed consent document to be signed by the certified professional midwife and the client that
discloses all of the following in writing:
(1) The name, address, telephone number, and license number of the certified professional
midwife;
(2) The certified professional midwife's experience, qualifications, and training;
(3) The certified professional midwife's fees and method of billing;
(4) The right of a client to file a complaint with the board and the procedures for filing a
complaint;
(5) If the certified professional midwife has malpractice liability insurance;
(6) A plan for consultation, referral, and transport for medical emergencies specific to each
client, including identification of the closest hospital with an obstetrics department and
the closest hospital with an emergency department;
(7) A list of antepartum, intrapartum, and postpartum conditions that would require
consultation, transfer of care, or transport to a hospital;
(8) A statement indicating that the certified professional midwife will continue to care for a
client until transfer of care has been completed including the transfer of all pertinent
records including allergies, medications, and obstetric risk factors;
(9) The scope of care and services the certified professional midwife can provide to the client;
(10) A statement indicating that the client's records and any transaction with the certified
professional midwife are confidential, unless required by the board for review;
(11) The right of a client to refuse service unless otherwise provided by law;
(12) The client's and certified professional midwife's signature and the date of signing; and
(13) A statement indicating that no other licensed health care provider or hospital or agent
thereof is liable for injury resulting from an act or omission by the certified professional
midwife, even if the health care provider has consulted or accepted a referral from the
certified professional midwife.
Section 34. That the code be amended by adding a NEW SECTION to read:
Section 34. That the code be amended by adding a NEW SECTION to read:
No other licensed health care provider or hospital or agent thereof is liable for an injury resulting
from an act or omission by a certified professional midwife, even if the health care provider has
consulted with or accepted a referral from the certified professional midwife.
Section 35. That chapter 36-9A be amended by adding a NEW SECTION to read:
Section 35. That chapter 36-9A be amended by adding a NEW SECTION to read:
Nothing in this chapter restricts the right of a certified professional midwife to practice in
accordance with this Act.
Section 36. That chapter 36-4 be amended by adding a NEW SECTION to read:
Section 36. That chapter 36-4 be amended by adding a NEW SECTION to read:
Nothing in this chapter restricts the right of a certified professional midwife to practice in
accordance with this Act.
Section 37. That the code be amended by adding a NEW SECTION to read:
Section 37. That the code be amended by adding a NEW SECTION to read:
A certified professional midwife shall comply with all newborn screenings required by state law
and administrative rule.
Section 38. That the code be amended by adding a NEW SECTION to read:
Section 38. That the code be amended by adding a NEW SECTION to read:
A certified professional midwife shall consult with the client's selected physician or facility
whenever there is a significant deviation during the client's pregnancy or birth, or with the newborn.
Section 39. That the code be amended by adding a NEW SECTION to read:
Section 39. That the code be amended by adding a NEW SECTION to read:
The board shall review birth registration and reportable information for each out-of-hospital birth
for evaluation and quality management purposes. The certified professional midwife shall provide
additional documentation to the board upon request for review. The certified professional midwife
shall report within forty-eight hours to the board any neonatal or maternal mortality in a patient for
whom the certified professional midwife has cared in the perinatal period.
An Act to permit and regulate the practice of licensed certified professional midwives.
An Act to permit and regulate the practice of licensed certified professional midwives.
|
I certify that the attached Act originated in the
SENATE as Bill No. 136
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 136 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
