Midwifery; provide for licensure and regualtion of by health department.

H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~ G3/5
26/HR26/R2193CS
PAGE 1 (RF\KW)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McLean

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1389

AN ACT TO PROVIDE FOR THE LICENSURE AND REGULATION OF 1
PROFESSIONAL MIDWIFERY; TO PROVIDE DEFINITIONS FOR THE PURPOSE OF 2
THE ACT; TO PROVIDE EXCEPTIONS TO THE APPLICABILITY OF THE ACT; TO 3
PROVIDE THE SCOPE OF PRACTICE FOR LICENSED MIDWIVES; TO PROVIDE 4
MANDATORY PROCEDURES FOR LICENSED MIDWIVES; TO PROHIBIT LICENSED 5
MIDWIVES FROM CERTAIN ACTIONS; TO PROVIDE THAT THE STATE 6
DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE MIDWIFERY ADVISORY 7
COUNCIL, SHALL ADMINISTER LICENSURE AND REGULATION OF LICENSED 8
MIDWIVES UNDER RULES PROMULGATED BY THE STATE BOARD OF HEALTH AND 9
TO PROVIDE POWERS AND DUTIES FOR IMPLEMENTATION; TO REQUIRE THE 10
STATE BOARD OF HEALTH, IN CONSULTATION WITH THE MIDWIFERY ADVISORY 11
COUNCIL, TO PROMULGATE RULES NOT LATER THAN JULY 1, 2027; TO 12
CREATE THE MIDWIFERY ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERS; 13
TO REQUIRE THE DEPARTMENT TO CONSULT WITH THE ADVISORY COUNCIL 14
BEFORE PROMULGATING ANY RULES OR POLICIES RELATED TO 15
LICENSURE, SCOPE OF PRACTICE, EDUCATION AND TRAINING 16
STANDARDS, DISCIPLINE AND CLINICAL PRACTICE GUIDELINES; TO 17
REQUIRE A LICENSE ISSUED BY THE DEPARTMENT TO PRACTICE 18
PROFESSIONAL MIDWIFERY; TO PROVIDE FOR THE ISSUANCE OF TEMPORARY 19
PERMITS TO PRACTICE PENDING QUALIFICATION FOR LICENSURE; TO 20
PROVIDE EXEMPTIONS FROM LICENSURE FOR CERTAIN PERSONS; TO PROVIDE 21
FOR THE CONFIDENTIALITY OF INFORMATION MAINTAINED BY THE 22
DEPARTMENT; TO PROVIDE IMMUNITY FOR CERTAIN ACTIONS; TO PROVIDE 23
PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROHIBIT TERMINOLOGY IN 24
ANY HEALTH COVERAGE PLAN, POLICY OR CONTRACT THAT IS 25
DISCRIMINATORY AGAINST PROFESSIONAL MIDWIFERY; TO REQUIRE HEALTH 26
COVERAGE PLANS THAT PROVIDE MATERNITY BENEFITS TO PROVIDE COVERAGE 27
FOR SERVICES RENDERED BY A LICENSED MIDWIFE; TO PROVIDE WHENEVER A 28
HEALTH COVERAGE PLAN PROVIDES FOR REIMBURSEMENT OF ANY SERVICES 29
THAT ARE WITHIN THE LAWFUL SCOPE OF PRACTICE OF LICENSED MIDWIVES, 30
THE PERSON ENTITLED TO BENEFITS UNDER THE PLAN SHALL BE ENTITLED 31
TO REIMBURSEMENT FOR THE SERVICES, WHETHER THE SERVICES ARE 32
PERFORMED BY A PHYSICIAN OR A LICENSED MIDWIFE; TO REQUIRE THE 33
STATE DEPARTMENT OF HEALTH TO DEVELOP AND INSTITUTE A SAFE 34
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 2 (RF\KW)

PERINATAL TRANSFER CERTIFICATION FOR THE FACILITIES THAT IT 35
REGULATES; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO 36
CLARIFY THAT THE PRACTICE OF MIDWIFERY IS NOT CONSIDERED TO BE THE 37
PRACTICE OF MEDICINE; AND FOR RELATED PURPOSES. 38
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 39
SECTION 1. Short title. This act shall be known and may be 40
cited as the "Mississippi Midwifery License Law." 41
SECTION 2. Legislative purpose. (1) The midwifery model of 42
care emphasizes patient-centered care that considers the whole 43
person and prioritizes autonomy, consent and collaboration; 44
focuses on maximizing the health and wellness of a woman and her 45
baby; and attends to the emotional, social and spiritual aspects 46
of pregnancy and birth. Professional midwives offer an 47
evidence-based model of perinatal care that views birth as a 48
normal physiologic process and seeks medical expertise and 49
interventions as warranted. Increased access to professional 50
midwives positively affects maternal and infant health outcomes. 51
(2) Midwifery is a profession in its own right and it is not 52
the practice of medicine. Community-based midwives have 53
historically served an indispensable public health role in 54
promoting the health and well-being of Mississippi mothers and 55
infants. Mississippi's current rates of preterm births, low birth 56
weights, infant mortality, maternal mortality, and rural hospital 57
closures would benefit from increased access to professional 58
midwifery care in community settings. 59
(3) Research demonstrates that integration and coordination 60
across birth settings and maternity care providers promote 61
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 3 (RF\KW)

high-quality, cost-effective care. Specifically, the integration 62
of community-based midwives into regional maternity care systems 63
is a key determinant of improving perinatal outcomes. Regulation 64
of the practice of professional midwifery is necessary to 65
facilitate the integration of professional midwives into 66
Mississippi's maternity care system. 67
(4) Parents have the freedom to choose the manner, place, 68
and attendant for giving birth. Regulating and licensing 69
professional midwives in community settings will increase access 70
to birthing options for the families of Mississippi and preserve 71
parental choice. 72
(5) Within the State of Mississippi, mothers and families 73
seek out alternatives to hospital births and they find significant 74
value in perinatal services offered in community settings. The 75
term "midwife" connotes to consumers and the community an 76
expectation of professionalism and a minimum level of competency 77
and care. Community-based midwives are currently serving 78
Mississippi families in the absence of any licensure mechanism. 79
(6) Therefore, the Legislature authorizes the recognition 80
and licensure of the practice of professional midwifery in 81
community settings. For the purpose of increasing the access to 82
midwifery care in the community setting, providing for the health 83
and welfare of women and infants, the Legislature declares that 84
the Mississippi Midwifery Licensure Law shall provide for the 85
licensure of professional midwives, create mechanisms for 86
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 4 (RF\KW)

oversight and accountability, facilitate informed consent, and 87
preserve parental freedom and choice in the setting for which they 88
give birth. 89
SECTION 3. Definitions. As used in this act, the following 90
terms shall be defined as provided in this section: 91
(a) "Advisory council" means the Midwifery Advisory 92
Council created in Section 7 of this act. 93
(b) "Antepartum" means the stage of care that begins 94
when a pregnant woman presents herself for care during pregnancy 95
and ends at the onset of labor. 96
(c) "Apprentice" means an individual at the 97
apprenticeship level of midwifery training who is obtaining 98
clinical experience under the supervision of a qualified, licensed 99
midwife by providing midwifery care under the supervision of such 100
a preceptor. 101
(d) "Board" means the State Board of Health. 102
(e) "Certified nurse midwife" means an advanced 103
practice registered nurse certified by the American Midwifery 104
Certification Board whose practice is regulated by Section 73-15-1 105
et seq. 106
(f) "Client" means an individual receiving professional 107
midwifery services from a licensed midwife. Because the midwifery 108
model of care characterizes pregnancy as a normal physiologic 109
process rather than a medical event, the term "client" is 110
preferred over the term "patient" by professional midwives as well 111
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 5 (RF\KW)

as the families they serve. Within this act, however, the term 112
"patient" may also be used to refer to an individual receiving 113
professional midwifery services from a licensed midwife. 114
(g) "Department" means the State Department of Health. 115
(h) "Intrapartum" means occurring from the onset of 116
labor until after the delivery of the placenta. 117
(i) "Licensed midwife" means an individual who 118
practices professional midwifery in community settings and has met 119
the licensing requirements established by this act and its 120
implementing rules as promulgated by the board and administered by 121
the department. 122
(j) "Neonate" means a newborn child in its first six 123
(6) weeks of life. 124
(k) "Neonatal period" means the first six (6) weeks of 125
a child's life. 126
(l) "Normal" means, as applied to the antepartum, 127
intrapartum and postpartum periods and the neonatal period, and as 128
defined by board rule, circumstances under which a midwife has 129
determined that a client does not have a condition that requires 130
medical intervention. 131
(m) "Physician" means an individual engaged in the 132
practice of medicine and duly licensed by the State Board of 133
Medical Licensure whose practice is regulated by Section 73-25-1 134
et seq. 135
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 6 (RF\KW)

(n) "Postpartum period" means the first six (6) weeks 136
after a woman has given birth. 137
(o) "Professional midwifery" means the studied, skilled 138
practice of providing primary maternity care consistent with a 139
midwife's training, education and experience to women and neonates 140
during the antepartum, intrapartum and postpartum periods. 141
SECTION 4. Applicability. This act does not apply to: 142
(a) A certified nurse midwife, a physician or any 143
health care professional licensed by the state who is providing 144
care within the scope of his or her license; 145
(b) A student midwife who is engaged in didactic 146
learning and providing clinical care supervised by a licensed 147
midwife; 148
(c) A doula, childbirth instructor, lactation 149
consultant or other layperson offering nonclinical support during 150
the antepartum, intrapartum and postpartum periods; or 151
(d) Any person who assists with childbirth in an 152
emergency where medical or midwifery care is not available. 153
SECTION 5. Scope of practice; practice parameters; mandatory 154
procedures; prohibitions; discrimination prohibited. (1) The 155
scope of practice of licensed midwives shall consist of: 156
(a) Providing primary maternity care that is consistent 157
with a midwife's training, education and experience to low-risk 158
women and their neonates during normal antepartum, intrapartum and 159
postpartum periods, as further articulated by the board based on 160
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 7 (RF\KW)

definitions established by national and international professional 161
associations and certifying bodies; 162
(b) Nonprescriptive family planning and basic 163
well-woman care, including, but not limited to, Pap tests, 164
sexually transmitted infection screenings, preconception 165
screenings, and other acts, tasks, or functions authorized by the 166
board; and 167
(c) Consulting and collaborating with other licensed 168
health care providers, including, but not limited to, the referral 169
of women or their neonates to a higher level of care with an 170
appropriate licensed health care provider when the licensed 171
midwife determines that the pregnancy, labor, delivery, postpartum 172
period or neonatal period may not be classified as normal as 173
defined by this act or according to rules promulgated by the 174
board. 175
(2) Prescriptive authority and the possession and 176
administration of controlled substances by licensed midwives are 177
prohibited. When acting within their scope of practice, licensed 178
midwives may obtain, transport, and administer the following 179
medications: 180
(a) Vitamin K; 181
(b) Antihemorrhagic agents; 182
(c) Local anesthetics; 183
(d) Oxygen; 184
(e) Prophylactic eye agents; 185
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 8 (RF\KW)

(f) RhoGam or other prophylactic immunoglobulins; 186
(g) Intravenous fluids; and 187
(h) Any other drug that is consistent with the scope of 188
practice of professional midwifery in community settings and is 189
authorized by the board by rule. 190
(3) A licensed midwife may directly obtain supplies and 191
devices, medications within the scope of practice, order and 192
obtain screening tests including ultrasound tests, and receive 193
verbal and written reports of the results of those tests as 194
necessary for the practice of professional midwifery in community 195
settings and consistent with the scope of practice of licensed 196
midwives. 197
(4) Licensed midwives shall: 198
(a) Register and maintain current contact information 199
with the department following procedures developed by the board 200
and promulgated by rule for the publication of an official roster 201
of licensed midwives. 202
(b) Register births with the State Registrar of Vital 203
Records in accordance with the rules promulgated by the board. 204
(c) Report client statistical data to the department or 205
other national entities as required by rules promulgated by the 206
board. 207
(d) Provide certain disclosures in writing at the 208
inception of care for a client, including, but not limited to, the 209
following: 210
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 9 (RF\KW)

(i) The licensed midwife's education, training and 211
qualifications; 212
(ii) The licensed midwife's criteria for referring 213
a client to a licensed health care provider for a higher level of 214
care; 215
(iii) The licensed midwife's criteria for 216
effecting an emergency transfer to a hospital; 217
(iv) Whether the midwife has malpractice liability 218
insurance coverage in effect and, if so, the policy limitations of 219
that coverage; 220
(v) Notice that the licensed midwife has certain 221
statistical data reporting obligations to the department that are 222
not optional but that may be anonymized; 223
(vi) The licensed midwife's disciplinary history 224
with the department, including whether any disciplinary action is 225
currently pending against them by the department; 226
(vii) The procedures a client can take to initiate 227
disciplinary action against a licensed midwife; and 228
(viii) Any other information required by rules 229
promulgated by the board. 230
(5) It shall be unlawful for licensed midwives to: 231
(a) Perform surgical procedures other than episiotomies 232
or repairs of perineal lacerations; 233
(b) Use forceps or vacuum extraction; 234
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 10 (RF\KW)

(c) Aid or abet an unlicensed person to practice as a 235
licensed midwife; 236
(d) Negligently, willfully, or intentionally act in a 237
manner inconsistent with the health and safety of those entrusted 238
to the licensed midwife's care; 239
(e) Engage in substandard, unprofessional or 240
dishonorable conduct, or any other form of misconduct as defined 241
by the board; and 242
(f) Engage in any other act, task or function 243
prohibited in rules promulgated by the board. 244
(6) Nothing in this act shall be construed to permit the 245
practice of medicine by licensed midwives since midwifery is not 246
the practice of medicine. 247
SECTION 6. Administration; rules; powers and duties. (1) 248
The State Department of Health, in consultation with the advisory 249
council, shall administer and enforce this act, including the 250
issuance, renewal, reinstatement, suspension and revocation of 251
licenses and temporary permits; maintaining a roster; receiving 252
and investigating complaints; conducting disciplinary proceedings; 253
collecting fees; and performing such other administrative and 254
enforcement functions as are necessary to implement this act. 255
(2) Not later than July 1, 2027, the board, in consultation 256
with the advisory council, shall promulgate rules that, at a 257
minimum: 258
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 11 (RF\KW)

(a) Establish and implement a program for qualified 259
individuals to apply and obtain licensure as a licensed midwife, 260
including, but not limited to: 261
(i) Developing policies and procedures for 262
temporary permits, initial licensing, renewals and reinstatement 263
of lapsed licenses; and 264
(ii) A fee schedule for applications, temporary 265
permits, initial licenses, renewals and reinstatements. The board 266
shall review its fee schedule every four (4) years and update fees 267
as necessary for the growth and sustainability of the profession; 268
(b) Develop educational standards, including, but not 269
limited to: 270
(i) Identifying the basic minimum educational 271
standards, including the type of courses and number of hours 272
required, that qualify an applicant to seek licensure; 273
(ii) Developing methods and requirements for 274
ensuring the continued competence of licensed midwives through 275
continuing midwifery education, including the type of courses and 276
number of hours required, as a condition for license renewal; and 277
(iii) Approving educational programs, 278
institutions, instructors and facilities that meet the basic and 279
continuing professional midwifery educational requirements for 280
practice within Mississippi; 281
(c) Prescribe standards and competencies for the 282
practice of professional midwifery in community settings within 283
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 12 (RF\KW)

Mississippi based on criteria established by national and 284
international professional associations and certifying bodies; 285
(d) Delineate specific symptoms and conditions that 286
require collaboration, consultation, or referral of a client by a 287
licensed midwife to a physician or other appropriate licensed 288
health care provider, and establish the process for such 289
collaboration, consultation, or referral. Such rules shall 290
promote informed consent and preserve parental choice; 291
(e) Provide for the department's exercise of 292
disciplinary authority by establishing and implementing formal 293
disciplinary processes and procedures. 294
(i) The board shall develop and prescribe 295
procedures for investigating, processing and resolving complaints, 296
violations, probations, suspensions, revocations and 297
reinstatements, including, but not limited to: 298
1. Complaints of professional misconduct; 299
2. Allegations that licensed midwives are 300
violating the provisions of this act or its implementing rules; 301
3. Grievances from applicants and licensees 302
regarding agency action. 303
(ii) All procedures implementing the disciplinary 304
authority shall incorporate notice, the opportunity to be heard, 305
and a decision by a neutral decision-maker. Final agency 306
decisions will be subject to judicial review; and 307
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 13 (RF\KW)

(f) Provide for the collection, analysis, showing and 308
publication of anonymized statistical perinatal outcome data from 309
licensed midwives and individuals holding temporary permits, 310
including, but not limited to, live births, fetal demises and 311
neonatal and maternal deaths. Rules regarding data sharing shall 312
preserve public access. 313
(3) In promulgating the rules described in subsection (2) of 314
this section, the board shall consider any data, views, questions, 315
and arguments submitted by: 316
(a) The State Department of Health; 317
(b) The Midwifery Advisory Council; 318
(c) The Association of Mississippi Midwives; 319
(d) The Mississippi Perinatal Quality Collaborative; 320
(e) The Mississippi Public Health Institute; 321
(f) The Institute for the Advancement of Minority 322
Health; 323
(g) Better Birth Mississippi; and 324
(h) Sisters in Birth. 325
(4) The department shall develop, publish and maintain an 326
official roster of licensed midwives and individuals holding 327
temporary permits that can be accessed by the public at no cost. 328
The roster shall reflect the statistical outcome data and 329
disciplinary history of each licensee and permit-holder, 330
consistent with rules promulgated by the board. 331
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 14 (RF\KW)

(5) The department shall deposit all funds received from the 332
collection of application and licensure fees and the levying of 333
disciplinary fines into a special fund that is created in the 334
State Treasury to be known as the Midwifery Licensure Fund. 335
Monies in the special fund shall be used by the department, upon 336
appropriation by the Legislature, for the purpose of administering 337
this act. Any interest earned on the special fund shall be 338
credited to the special fund and shall not be paid into the State 339
General Fund. Any monies remaining in the special fund at the end 340
of a fiscal year shall not lapse into the State General Fund. 341
(6) The department is authorized to contract with 342
third-party entities to perform clerical and administrative tasks 343
and functions related to the logistical implementation of 344
midwifery licensure under this act. 345
(7) The board, in consultation with the advisory council, 346
may promulgate any and all additional rules it deems necessary to 347
effectively regulate the practice of licensed midwives to the 348
extent that those additional rules do not violate any terms or 349
provisions of this act. 350
SECTION 7. Midwifery Advisory Council; members; consultation 351
required. (1) The Midwifery Advisory Council is created to 352
assist the State Department of Health in the administration of 353
this act by providing clinical and professional guidance in the 354
development and implementation of regulations under this act. 355
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 15 (RF\KW)

(2) The advisory council shall be composed of the following 356
seven (7) members: 357
(a) Four (4) licensed midwives actively practicing in 358
Mississippi, with each midwife having no less than five (5) years 359
experience, appointed by the State Health Officer; 360
(b) One (1) physician with obstetric or family medicine 361
experience appointed by and from the membership of the Mississippi 362
State Medical Association; 363
(c) One (1) maternal or neonatal physician appointed by 364
and from the membership of the Mississippi Academy of Family 365
Physicians; 366
(d) One (1) consumer representative, appointed by the 367
State Health Officer. 368
(2) Vacancies on the advisory council shall be filled in the 369
same manner as provided for the original appointments. 370
(3) The advisory council shall establish rules for 371
transacting its business. A majority of the members of the 372
advisory council shall constitute a quorum for council meetings; 373
however, licensed midwives must constitute a majority of the 374
members at any meeting of the council. An affirmative vote of a 375
majority of the members present and voting shall be required in 376
the making of recommendations by the advisory council. The 377
advisory council shall elect a chair and vice chair from among its 378
members, and the chair must always be a licensed midwife. The 379
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 16 (RF\KW)

chair shall serve for a term of two (2) years, upon the expiration 380
of which the vice chair shall assume the office of chair. 381
(4) The advisory council shall hold no less than two (2) 382
meetings annually. 383
(5) Members of the advisory council shall serve without 384
compensation, but may be reimbursed, subject to the availability 385
of funding, for mileage and actual and necessary expenses incurred 386
in attending meetings of the advisory council, as provided in 387
Section 25-3-41. 388
(6) The advisory council shall be housed at the department 389
for administrative purposes. 390
(7) The department shall consult the advisory council 391
before promulgating any rules or policies related to: 392
(a) Licensure; 393
(b) Scope of practice; 394
(c) Education and training standards; 395
(d) Discipline; and 396
(e) Clinical practice guidelines. 397
Such consultation shall include the opportunity to 398
participate in rule development and make written 399
recommendations. All written recommendations of the advisory 400
council shall be entered into the minutes and public record of 401
the department for all rulemaking by the department. 402
SECTION 8. License required; temporary permits; exemptions; 403
qualifications. (1) Beginning on the effective date of the 404
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 17 (RF\KW)

initial rules promulgated by the board under Section 6 of this 405
act, it shall be unlawful for any person to provide professional 406
midwifery care within the State of Mississippi without first 407
obtaining a license issued by the department in accordance with 408
its rules. 409
(2) The board, in consultation with the advisory council, 410
shall promulgate rules allowing for the expedited issuance of 411
temporary permits authorizing an individual to practice 412
professional midwifery pending qualification for licensure. 413
(a) Temporary permits shall be issued for a term of 414
twenty-four (24) months and may not be renewed except as follows: 415
A temporary permit issued to an apprentice may be renewed upon a 416
showing to the department that the apprentice has good cause for 417
not completing their clinical training within the initial 418
temporary permit period. 419
(b) An applicant who is granted a temporary permit 420
under this section is subject to all other requirements of this 421
act and rules promulgated by the board, and the department may 422
automatically void the temporary permit if the applicant fails to 423
comply with those requirements. 424
(c) An individual who paid an application fee in 425
connection with an application for a temporary permit under this 426
section is not required to pay a separate application fee in 427
connection with their application for an initial license if the 428
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 18 (RF\KW)

department receives the application for an initial license within 429
sixty (60) days after the expiration of the temporary permit. 430
(d) To qualify for a temporary permit to practice 431
professional midwifery, an individual must: 432
(i) Be an apprentice working under the supervision 433
of a licensed midwife; 434
(ii) Be licensed in good standing as a midwife in 435
another state at the time of application; or 436
(iii) Be engaged in providing professional 437
midwifery services to one or more Mississippi families on the 438
effective date of the initial rules promulgated by the board, as 439
evidenced by a contractual agreement to render such services. 440
(e) An individual seeking a temporary permit under this 441
subsection (2) must submit an application for full licensure 442
within twelve (12) months after the effective date of the initial 443
rules promulgated by the board. 444
(3) Licensure under this act is not required for: 445
(a) An employee or other individual who is assisting a 446
midwife and who is under the midwife's supervision from performing 447
activities or functions that are delegated by the midwife, that 448
are nondiscretionary, that do not require the exercise of 449
professional judgment for their performance, and that are within 450
the midwife's authority to perform; and 451
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 19 (RF\KW)

(b) An individual providing uncompensated care to a 452
friend or family member if the individual does not hold themself 453
out to the public as a licensed midwife. 454
(4) Nothing in this act shall prohibit a traditional birth 455
attendant from providing care that falls within the scope of 456
midwifery practice without a license where the traditional birth 457
attendant is fulfilling a cultural or religious role that has 458
historically included the provision of care at birth, and the 459
traditional birth attendant only offers such services to women and 460
families within that distinct cultural or religious group. 461
SECTION 9. Confidentiality. (1) All statistical data 462
reporting and sharing by the department shall be anonymized prior 463
to dissemination or publication. 464
(2) The department shall keep all information relating to 465
the receipt and investigation of complaints filed against 466
licensees or applicants confidential until the information is 467
disclosed in the course of the investigation or any later 468
proceeding before the department. Client records, including 469
clinical records, files, any other report or oral statement 470
relating to diagnostic findings or clinical treatment of clients, 471
any information from which a client or her family might be 472
identified, or information received and records or reports kept by 473
the department as a result of an investigation made under this act 474
shall be exempt from the provisions of the Mississippi Public 475
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 20 (RF\KW)

Records Act of 1983 and shall be kept confidential by the 476
department. 477
SECTION 10. Immunity. (1) Nothing in this act shall create 478
liability of any kind for a licensed health care provider who 479
provides care to a client of a licensed midwife for personal 480
injury or death resulting from an act or omission by the midwife, 481
unless the professional negligence or malpractice of the health 482
care provider was a proximate cause of the injury or death. 483
(2) No duly licensed midwife who, in good faith and in the 484
exercise of reasonable care, renders aid in emergency childbirth, 485
or assists in transporting a laboring mother to a place where 486
medical assistance can be reasonably expected, shall be liable for 487
any civil damages to the mother or infant as a result of any acts 488
committed in good faith and in the exercise of reasonable care or 489
omissions in good faith and in the exercise of reasonable care by 490
such midwife in rendering aid in the emergency. 491
SECTION 11. Offenses; penalties. (1) It is unlawful for 492
any person to: 493
(a) Offer or engage in the provision of professional 494
midwifery services unless duly licensed to do so under the 495
provisions of this act; 496
(b) Impersonate in any manner or pretend to be a 497
licensed midwife or use the title "Licensed Midwife," the letters 498
"L.M." or any other words, letters, signs, symbols or devices to 499
indicate the person using them is a licensed midwife, unless duly 500
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 21 (RF\KW)

authorized by the license or permit under the provisions of this 501
act; 502
(c) Provide midwifery care during the time their 503
license or temporary permit is suspended, revoked, lapsed or 504
expired; 505
(d) Fail to notify the department of the suspension, 506
probation or revocation of any past or currently held licenses 507
required to practice midwifery in any other jurisdiction; 508
(e) Make false representations or impersonate or act as 509
a proxy for another person or allow or aid any person to 510
impersonate them in connection with any application for licensing 511
or request to be licensed; or 512
(f) Otherwise violate any provisions of this act. 513
(2) (a) For the first violation and subsequent violations 514
of any provision of this section, the department shall impose a 515
monetary penalty of One Thousand Dollars ($1,000.00). 516
(b) In addition to a monetary penalty, the department 517
may revoke the license of a midwife or suspend the license for up 518
to two (2) years without review. 519
(c) In addition to or as an alternative to revoking or 520
suspending the license of a midwife, the department may require 521
the midwife to complete education programs, participate in 522
supervised practice, or submit to care or counseling. 523
SECTION 12. (1) Terminology in any health coverage plan, 524
policy or contract deemed discriminatory against professional 525
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 22 (RF\KW)

midwifery, community perinatal care, or the midwifery model of 526
care or that inhibits reimbursement for such services at the 527
in-network rate is void and unenforceable. 528
(2) Any health coverage plan amended, delivered, issued, or 529
renewed in this state on or after January 1, 2028, that provides 530
maternity benefits that are not limited to complications of 531
pregnancy, or newborn care benefits, shall provide coverage for 532
maternity services and perinatal care rendered by a licensed 533
midwife licensed under this act, regardless of the site of 534
services. The coverage provided for in this section may be 535
subject to annual deductibles, coinsurance and copayments. 536
(3) A health coverage plan amended, delivered, issued or 537
renewed in this state on or after January 1, 2028, shall not 538
differentiate between perinatal services performed by a 539
professional midwife within their lawful scope of practice and 540
perinatal services by a physician with respect to copayment or 541
annual deductible amounts or coinsurance percentages. 542
(4) Whenever any health coverage plan amended, delivered, 543
issued, or renewed in this state on or after January 1, 2028, 544
provides for reimbursement of any services that are within the 545
lawful scope of practice of licensed midwives, the insured or 546
other person entitled to benefits under the health coverage plan 547
shall be entitled to reimbursement for the services, whether the 548
services are performed by a physician or a licensed midwife. 549
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 23 (RF\KW)

(5) The provisions of this section apply to any new policy, 550
contract, program or health coverage plan issued on and after 551
January 1, 2028. Any policy, contract or health coverage plan in 552
effect before January 1, 2028, shall convert to conform to the 553
provisions of this act on or before the renewal date, but no later 554
than January 1, 2029. 555
(6) Nothing in this section shall restrict the Division of 556
Medicaid from setting rules and regulations regarding the coverage 557
of professional midwifery services and nothing in this section 558
shall amend or change the Division of Medicaid's schedule of 559
benefits, exclusions and/or limitations related to obstetric 560
and/or midwifery services as determined by state or federal 561
regulations and state and federal law. 562
SECTION 13. (1) A licensed provider who regularly provides 563
health care services related to labor and delivery shall: 564
(a) Be able to identify when to transmit and receive 565
patient information, and transfer and receive patients, across the 566
facility's levels of care; and 567
(b) Coordinate with other licensed providers to 568
effectuate services across the facility's levels of care in a way 569
that prevents patients from losing access to care. 570
(2) The acceptance of a transferred perinatal patient does 571
not establish an employment or supervisory relationship between 572
the accepting licensed provider and the transferring licensed 573
provider or establish grounds for vicarious liability. 574
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 24 (RF\KW)

(3) Within twenty-four (24) months from the effective date 575
of the initial rules promulgated by the board, the Division of 576
Health Facilities Licensure and Certification of the State 577
Department of Health shall develop and institute a safe perinatal 578
transfer certification for the facilities that it regulates. 579
(4) In developing the safe perinatal transfer certification, 580
the division shall incorporate input and feedback from: 581
(a) Interested and affected stakeholders, with a focus 582
on pregnant women and those in the postpartum period and their 583
family members; 584
(b) Multidisciplinary, nonprofit organizations 585
representing pregnant women and those in the postpartum period, 586
with a focus on individuals from racial and ethnic minority 587
groups; and 588
(c) Multidisciplinary, community-based organizations 589
that provide support or advocacy for pregnant women and those in 590
the postpartum period, with a focus on persons from racial and 591
ethnic minority groups. 592
(5) Nothing in this act shall prohibit licensed providers or 593
facilities from billing for health care services rendered, 594
including maternity care and perinatal care. 595
SECTION 14. Section 73-25-33, Mississippi Code of 1972, is 596
amended as follows: 597
73-25-33. (1) The practice of medicine shall mean to 598
suggest, recommend, prescribe, or direct for the use of any 599
H. B. No. 1389 *HR26/R2193CS* ~ OFFICIAL ~
26/HR26/R2193CS
PAGE 25 (RF\KW)
ST: Midwifery; provide for licensure and
regualtion of by health department.
person, any drug, medicine, appliance, or other agency, whether 600
material or not material, for the cure, relief, or palliation of 601
any ailment or disease of the mind or body, or for the cure or 602
relief of any wound or fracture or other bodily injury or 603
deformity, or the practice of obstetrics * * *, after having 604
received, or with the intent of receiving therefor, either 605
directly or indirectly, any bonus, gift, profit or compensation; 606
provided, that nothing in this section shall apply to * * * 607
individuals engaged * * * in the practice of midwifery. 608
(2) The practice of medicine shall not mean to provide 609
gender transition procedures for any person under eighteen (18) 610
years of age; or 611
(3) For purposes of this section, "gender transition 612
procedures" means the same as defined in Section 41-141-3. 613
SECTION 15. Sections 1 though 11 of this act shall be 614
codified as a new chapter in Title 73 of the Mississippi Code of 615
1972. Section 12 of this act shall be codified as a new section 616
in Article 5, Chapter 41, Title 83 of the Mississippi Code of 617
1972. 618
SECTION 16. This act shall take effect and be in force from 619
and after July 1, 2026. 620