Midwifery; provide for licensure and regulation of.

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

By: Representative Hines

HOUSE BILL NO. 142

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 CREATE THE STATE BOARD OF 6
LICENSED MIDWIFERY AND PROVIDE FOR ITS COMPOSITION, APPOINTMENT 7
AND POWERS AND DUTIES; TO REQUIRE THE BOARD TO PROMULGATE RULES 8
NOT LATER THAN JULY 1, 2027; TO REQUIRE A LICENSE FROM THE BOARD 9
TO PRACTICE PROFESSIONAL MIDWIFERY; TO PROVIDE FOR THE ISSUANCE OF 10
TEMPORARY PERMITS TO PRACTICE PENDING QUALIFICATION FOR LICENSURE; 11
TO PROVIDE EXEMPTIONS FROM LICENSURE FOR CERTAIN PERSONS; TO 12
PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION MAINTAINED BY THE 13
BOARD; TO PROVIDE IMMUNITY FOR CERTAIN ACTIONS; TO PROVIDE 14
CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROHIBIT 15
TERMINOLOGY IN ANY HEALTH COVERAGE PLAN, POLICY OR CONTRACT THAT 16
IS DISCRIMINATORY AGAINST PROFESSIONAL MIDWIFERY; TO REQUIRE 17
HEALTH COVERAGE PLANS THAT PROVIDE MATERNITY BENEFITS TO PROVIDE 18
COVERAGE FOR SERVICES RENDERED BY A LICENSED MIDWIFE; TO PROVIDE 19
WHENEVER A HEALTH COVERAGE PLAN PROVIDES FOR REIMBURSEMENT OF ANY 20
SERVICES THAT ARE WITHIN THE LAWFUL SCOPE OF PRACTICE OF LICENSED 21
MIDWIVES, THE PERSON ENTITLED TO BENEFITS UNDER THE PLAN SHALL BE 22
ENTITLED TO REIMBURSEMENT FOR THE SERVICES, WHETHER THE SERVICES 23
ARE PERFORMED BY A PHYSICIAN OR A LICENSED MIDWIFE; TO REQUIRE THE 24
STATE DEPARTMENT OF HEALTH TO DEVELOP AND INSTITUTE A SAFE 25
PERINATAL TRANSFER CERTIFICATION FOR THE FACILITIES THAT IT 26
REGULATES; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO 27
REMOVE THE REFERENCE TO THE PRACTICE OF MIDWIFERY IN THE 28
DEFINITION OF THE PRACTICE OF MEDICINE; AND FOR RELATED PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. Short title. This act shall be known and may be 31
cited as the "Mississippi Midwifery License Law." 32
SECTION 2. Legislative purpose. (1) The midwifery model of 33
care emphasizes patient-centered care that considers the whole 34
person and prioritizes autonomy, consent and collaboration; 35
focuses on maximizing the health and wellness of a woman and her 36
baby; and attends to the emotional, social and spiritual aspects 37
of pregnancy and birth. Professional midwives offer an 38
evidence-based model of perinatal care that views birth as a 39
normal physiologic process and seeks medical expertise and 40
interventions as warranted. Increased access to professional 41
midwives positively affects maternal and infant health outcomes. 42
(2) Midwifery is a profession in its own right, and it is 43
not the practice of medicine. Community-based midwives have 44
historically served an indispensable public health role in 45
promoting the health and well-being of Mississippi mothers and 46
infants. Mississippi's current rates of preterm births, low birth 47
weights, infant mortality, maternal mortality, and rural hospital 48
closures would benefit from increased access to professional 49
midwifery care in community settings. 50
(3) Research demonstrates that integration and coordination 51
across birth settings and maternity care providers promote 52
high-quality, cost-effective care. Specifically, the integration 53
of community-based midwives into regional maternity care systems 54
is a key determinant of improving perinatal outcomes. Regulation 55
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of the practice of professional midwifery is necessary to 56
facilitate the integration of professional midwives into 57
Mississippi's maternity care system. 58
(4) Parents have the freedom to choose the manner, place and 59
attendant for giving birth. Regulating and licensing professional 60
midwives in community settings will increase access to birthing 61
options for the families of Mississippi and preserve parental 62
choice. 63
(5) Within the State of Mississippi, mothers and families 64
seek out alternatives to hospital births, and they find 65
significant value in perinatal services offered in community 66
settings. The term "midwife" connotes to consumers and the 67
community an expectation of professionalism and a minimum level of 68
competency and care. Community-based midwives are currently 69
serving Mississippi families in the absence of any licensure 70
mechanism. 71
(6) Therefore, the Legislature authorizes the recognition 72
and licensure of the practice of professional midwifery in 73
community settings. For the purpose of increasing the access to 74
midwifery care in the community setting and providing for the 75
health and welfare of women and infants, the Legislature declares 76
that the Mississippi Midwifery Licensure Law shall provide for the 77
licensure of professional midwives, create mechanisms for 78
oversight and accountability, facilitate informed consent, and 79
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preserve parental freedom and choice in the setting for which they 80
give birth. 81
SECTION 3. Definitions. As used in this act, the following 82
terms shall be defined as provided in this section unless the 83
context clearly indicates otherwise: 84
(a) "Antepartum" means the stage of care that begins 85
when a pregnant woman presents herself for care during pregnancy 86
and ends at the onset of labor. 87
(b) "Apprentice" means an individual at the 88
apprenticeship level of midwifery training who is obtaining 89
clinical experience under the supervision of a qualified, licensed 90
midwife by providing midwifery care under the supervision of such 91
a preceptor. 92
(c) "Board" means the Mississippi State Board of 93
Licensed Midwifery, which is created in Section 6 of this act. 94
(d) "Certified nurse midwife" means an advanced 95
practice registered nurse certified by the American Midwifery 96
Certification Board whose practice is regulated by Section 73-15-1 97
et seq. 98
(e) "Client" means an individual receiving professional 99
midwifery services from a licensed midwife. Because the midwifery 100
model of care characterizes pregnancy as a normal physiologic 101
process rather than a medical event, the term "client" is 102
preferred over the term "patient" by professional midwives as well 103
as the families they serve. Within this act, however, the term 104
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"patient" may also be used to refer to an individual receiving 105
professional midwifery services from a licensed midwife. 106
(f) "Intrapartum" means occurring from the onset of 107
labor until after the delivery of the placenta. 108
(g) "Licensed midwife" means an individual who 109
practices professional midwifery in community settings and has met 110
the licensing requirements established by this act and its 111
implementing rules as promulgated by the board. 112
(h) "Neonate" means a newborn child in its first four 113
(4) weeks of life. 114
(i) "Neonatal period" means the first four (4) weeks of 115
a child's life. 116
(j) "Normal" means, as applied to the antepartum, 117
intrapartum and postpartum periods and the neonatal period, and as 118
defined by board rule, circumstances under which a midwife has 119
determined that a client does not have a condition that requires 120
medical intervention. 121
(k) "Physician" means an individual engaged in the 122
practice of medicine and duly licensed by the State Board of 123
Medical Licensure whose practice is regulated by Section 73-25-1 124
et seq. 125
(l) "Postpartum period" means the first six (6) weeks 126
after a woman has given birth. 127
(m) "Professional midwifery" means the studied, skilled 128
practice of providing primary maternity care consistent with a 129
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midwife's training, education and experience to women and neonates 130
during the antepartum, intrapartum and postpartum periods. 131
SECTION 4. Applicability. This act does not apply to: 132
(a) A certified nurse midwife, a physician or any 133
health care professional licensed by the state under other 134
provisions of the Mississippi Code who is providing care within 135
the scope of his or her license; 136
(b) A student midwife who is engaged in didactic 137
learning and providing clinical care supervised by a licensed 138
midwife; 139
(c) A doula, childbirth instructor, lactation 140
consultant or other layperson offering nonclinical support during 141
the antepartum, intrapartum and postpartum periods; or 142
(d) Any person who assists with childbirth in an 143
emergency where medical or midwifery care is not available. 144
SECTION 5. Scope of practice; practice parameters; mandatory 145
procedures; prohibitions; discrimination prohibited. (1) The 146
scope of practice of licensed midwives shall consist of: 147
(a) Providing primary maternity care that is consistent 148
with a midwife's training, education and experience to low-risk 149
women and their neonates during normal antepartum, intrapartum and 150
postpartum periods, as further articulated by the board based on 151
definitions established by national and international professional 152
associations and certifying bodies; 153
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(b) Nonprescriptive family planning and basic 154
well-woman care, including, but not limited to, Pap tests, 155
sexually transmitted infection screenings, preconception 156
screenings, and other acts, tasks or functions authorized by the 157
board; and 158
(c) Consulting and collaborating with other licensed 159
health care providers, including, but not limited to, the referral 160
of women or their neonates to a higher level of care with an 161
appropriate licensed health care provider when the licensed 162
midwife determines that the pregnancy, labor, delivery, postpartum 163
period or neonatal period may not be classified as normal as 164
defined by this act or according to rules promulgated by the 165
board. 166
(2) Prescriptive authority and the possession and 167
administration of controlled substances by licensed midwives are 168
prohibited. When acting within their scope of practice, licensed 169
midwives may obtain, transport and administer the following 170
medications: 171
(a) Vitamin K; 172
(b) Antihemorrhagic agents; 173
(c) Local anesthetics; 174
(d) Oxygen; 175
(e) Prophylactic eye agents; 176
(f) RhoGam or other prophylactic immunoglobulins; 177
(g) Intravenous fluids; and 178
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(h) Any other drug that is consistent with the scope of 179
practice of professional midwifery in community settings and is 180
authorized by the board by rule. 181
(3) A licensed midwife may directly obtain supplies and 182
devices, medications within the scope of practice, order and 183
obtain screening tests including ultrasound tests, and receive 184
verbal and written reports of the results of those tests as 185
necessary for the practice of professional midwifery in community 186
settings and consistent with the scope of practice of licensed 187
midwives. 188
(4) Licensed midwives shall: 189
(a) Register and maintain current contact information 190
with the board following procedures developed by the board and 191
promulgated by rule for the publication of an official roster of 192
licensed midwives. 193
(b) Register births with the State Registrar of Vital 194
Records in accordance with the rules promulgated by the State 195
Department of Health. 196
(c) Report client statistical data to the board or 197
other national entities as required by rules promulgated by the 198
board. 199
(d) Provide certain disclosures in writing at the 200
inception of care for a client, including, but not limited to, the 201
following: 202
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(i) The licensed midwife's education, training and 203
qualifications; 204
(ii) The licensed midwife's criteria for referring 205
a client to a licensed health care provider for a higher level of 206
care; 207
(iii) The licensed midwife's criteria for 208
effecting an emergency transfer to a hospital; 209
(iv) Whether the midwife has malpractice liability 210
insurance coverage in effect and, if so, the policy limitations of 211
that coverage; 212
(v) Notice that the licensed midwife has certain 213
statistical data reporting obligations to the board that are not 214
optional but that may be anonymized; 215
(vi) The licensed midwife's disciplinary history 216
with the board, including whether any disciplinary action is 217
currently pending against him or her by the board; 218
(vii) The procedures a client can take to initiate 219
disciplinary action against a licensed midwife; and 220
(viii) Any other information required by rules 221
promulgated by the board. 222
(5) It shall be unlawful for licensed midwives to: 223
(a) Perform surgical procedures other than episiotomies 224
or repairs of perineal lacerations; 225
(b) Use forceps or vacuum extraction; 226
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(c) Aid or abet an unlicensed person to practice as a 227
licensed midwife; 228
(d) Negligently, willfully or intentionally act in a 229
manner inconsistent with the health and safety of those entrusted 230
to the licensed midwife's care; 231
(e) Engage in substandard, unprofessional or 232
dishonorable conduct, or any other form of misconduct as defined 233
by the board; and 234
(f) Engage in any other act, task or function 235
prohibited in rules promulgated by the board. 236
(6) Nothing in this act shall be construed to permit the 237
practice of medicine by licensed midwives since midwifery is not 238
the practice of medicine. 239
SECTION 6. State Board of Licensed Midwifery created; 240
composition; powers and duties. (1) The State Board of Licensed 241
Midwifery is created to regulate autonomous professional midwifery 242
practice in community settings within Mississippi. 243
(a) The board shall consist of eight (8) persons and be 244
comprised of: 245
(i) Four (4) midwives each of whom has at least 246
two (2) years experience in the practice of midwifery in community 247
settings; 248
(ii) One (1) certified nurse midwife; 249
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(iii) One (1) physician who is certified by a 250
national professional organization of physicians that certifies 251
obstetricians and gynecologists; 252
(iv) One (1) perinatal care provider who is 253
certified by a national professional organization of physicians 254
that certifies family practitioners or pediatricians; and 255
(v) One (1) member who represents the public and 256
who is not practicing or trained in a health care profession, and 257
who is a parent with at least one (1) child born with the 258
assistance of a midwife or a certified nurse midwife. 259
(b) Board members shall be resident citizens of the 260
State of Mississippi and appointed by the Governor. The Governor 261
shall accept and consider lists of nominees from any interested 262
individual or organization, and shall prioritize the appointment 263
of nominees made by the following organizations or their 264
successors: 265
(i) The State Department of Health; 266
(ii) The Association of Mississippi Midwives; 267
(iii) The Mississippi Perinatal Quality 268
Collaborative; 269
(iv) The Mississippi Public Health Institute; 270
(v) The Institute for the Advancement of Minority 271
Health; and 272
(vi) Better Birth Mississippi. 273
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Any such list of nominees from the organizations listed in 274
this paragraph (b) shall be submitted at least thirty (30) days 275
before the expiration of the term for each position. 276
(c) The initial appointments to the board shall be for 277
staggered terms, to be designated by the Governor at the time of 278
appointment as follows: four (4) members shall serve for terms 279
ending on July 1, 2028; three (3) members shall serve for terms 280
ending on July 1, 2029; and one (1) member shall serve for a term 281
ending on July 1, 2030. All later appointments shall be for terms 282
of four (4) years from the expiration date of the previous term. 283
(d) The Governor shall fill a vacancy no later than 284
sixty (60) days from the date the vacancy occurs. Members may 285
hold office until their successors have been appointed. 286
(e) Board members shall not be compensated for their 287
service, but shall be reimbursed for necessary and ordinary 288
expenses and mileage incurred while performing their duties as 289
members of the board as provided in Section 25-3-41, to be paid 290
from the special fund of the board. 291
(2) Not later than July 1, 2027, the board shall promulgate 292
rules that, at a minimum: 293
(a) Establish and implement a program for qualified 294
individuals to apply and obtain licensure as a licensed midwife, 295
including, but not limited to: 296
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(i) Developing policies and procedures for 297
temporary permits, initial licensing, renewals and reinstatement 298
of lapsed licenses; and 299
(ii) A fee schedule for applications, temporary 300
permits, initial licenses, renewals and reinstatements. The board 301
shall review its fee schedule every four (4) years and update fees 302
as necessary for the growth and sustainability of the profession; 303
(b) Develop educational standards, including, but not 304
limited to: 305
(i) Identifying the basic minimum educational 306
standards, including the type of courses and number of hours 307
required, that qualify an applicant to seek licensure; 308
(ii) Developing methods and requirements for 309
ensuring the continued competence of licensed midwives through 310
continuing midwifery education, including the type of courses and 311
number of hours required, as a condition for license renewal; and 312
(iii) Approving educational programs, 313
institutions, instructors and facilities that meet the basic and 314
continuing professional midwifery educational requirements for 315
practice within Mississippi; 316
(c) Prescribe standards and competencies for the 317
practice of professional midwifery in community settings within 318
Mississippi based on criteria established by national and 319
international professional associations and certifying bodies; 320
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(d) Delineate specific symptoms and conditions that 321
require collaboration, consultation or referral of a client by a 322
licensed midwife to a physician or other appropriate licensed 323
health care provider, and establish the process for such 324
collaboration, consultation or referral. Such rules shall promote 325
informed consent and preserve parental choice; 326
(e) Exercise its disciplinary authority by establishing 327
and implementing formal disciplinary processes and procedures. 328
(i) The board shall develop and prescribe 329
procedures for investigating, processing and resolving complaints, 330
violations, probations, suspensions, revocations and 331
reinstatements, including, but not limited to: 332
1. Complaints of professional misconduct; 333
2. Allegations that licensed midwives are 334
violating the provisions of this act or its implementing rules; 335
and 336
3. Grievances from applicants and licensees 337
regarding agency action. 338
(ii) All procedures implementing the board's 339
disciplinary authority shall incorporate notice, the opportunity 340
to be heard, and a decision by a neutral decision-maker. Final 341
agency decisions will be subject to judicial review; and 342
(f) Collect, analyze, share and publish anonymized 343
statistical perinatal outcome data from licensed midwives and 344
individuals holding temporary permits, including, but not limited 345
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to, live births, fetal demises and neonatal and maternal deaths. 346
Rules regarding data sharing shall preserve public access. 347
(3) In promulgating the rules described in subsection (2) of 348
this section, the board shall consider any data, views, questions 349
and arguments submitted by: 350
(a) The State Department of Health; 351
(b) The Association of Mississippi Midwives; 352
(c) The Mississippi Perinatal Quality Collaborative; 353
(d) The Mississippi Public Health Institute; 354
(e) The Institute for the Advancement of Minority 355
Health; and 356
(f) Better Birth Mississippi. 357
(4) The board shall develop, publish and maintain an 358
official roster of licensed midwives and individuals holding 359
temporary permits that can be accessed by the public at no cost. 360
The roster shall reflect the statistical outcome data and 361
disciplinary history of each licensee and permit-holder. 362
(5) The board shall deposit all funds received from the 363
collection of application and licensure fees and any other monies 364
received by the board into a special fund that is created in the 365
State Treasury to be known as the Board of Licensed Midwifery 366
Fund. Monies in the special fund shall be used by the board, upon 367
appropriation by the Legislature, for the purpose of administering 368
this act. Any interest earned on the special fund shall be 369
credited to the special fund and shall not be paid into the State 370
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General Fund. Any monies remaining in the special fund at the end 371
of a fiscal year shall not lapse into the State General Fund. 372
(6) The board is authorized to contract with third-party 373
entities to perform clerical and administrative tasks and 374
functions related to the logistical implementation of midwifery 375
licensure under this act. 376
(7) The board may promulgate any and all additional rules it 377
deems necessary to effectively regulate the practice of licensed 378
midwives to the extent that those additional rules do not violate 379
any terms or provisions of this act. 380
SECTION 7. License required; temporary permits; exemptions; 381
qualifications. (1) Beginning on the effective date of the 382
initial rules promulgated by the board under Section 6 of this 383
act, it shall be unlawful for any person to provide professional 384
midwifery care within the State of Mississippi without first 385
obtaining a license from the board in accordance with its rules. 386
(2) The board shall promulgate rules allowing for the 387
expedited issuance of temporary permits authorizing an individual 388
to practice professional midwifery pending qualification for 389
licensure. 390
(a) Temporary permits shall be issued for a term of 391
twenty-four (24) months and may not be renewed except as follows: 392
A temporary permit issued to an apprentice may be renewed upon a 393
showing to the board that the apprentice has good cause for not 394
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completing his or her clinical training within the initial 395
temporary permit period. 396
(b) An applicant who is granted a temporary permit 397
under this section is subject to all other requirements of this 398
act and rules promulgated by the board, and the board may 399
automatically void the temporary permit if the applicant fails to 400
comply with those requirements. 401
(c) An individual who paid an application fee in 402
connection with an application for a temporary permit under this 403
section is not required to pay a separate application fee in 404
connection with his or her application for an initial license if 405
the board receives the application for an initial license within 406
sixty (60) days after the expiration of the temporary permit. 407
(d) To qualify for a temporary permit to practice 408
professional midwifery, an individual must: 409
(i) Be an apprentice working under the supervision 410
of a licensed midwife; 411
(ii) Be licensed in good standing as a midwife in 412
another state at the time of application; or 413
(iii) Be engaged in providing professional 414
midwifery services to one or more Mississippi families on the 415
effective date of the initial rules promulgated by the board, as 416
evidenced by a contractual agreement to render such services. 417
(e) An individual seeking a temporary permit under this 418
subsection (2) must submit an application for full licensure 419
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within twelve (12) months after the effective date of the initial 420
rules promulgated by the board. 421
(3) Licensure under this act is not required for: 422
(a) An employee or other individual who is assisting a 423
midwife and who is under the midwife's supervision from performing 424
activities or functions that are delegated by the midwife, that 425
are nondiscretionary, that do not require the exercise of 426
professional judgment for their performance, and that are within 427
the midwife's authority to perform; and 428
(b) An individual providing uncompensated care to a 429
friend or family member if the individual does not hold himself or 430
herself out to the public as a licensed midwife. 431
(4) Nothing in this act shall prohibit a traditional birth 432
attendant from providing care that falls within the scope of 433
midwifery practice without a license where the traditional birth 434
attendant is fulfilling a cultural or religious role that has 435
historically included the provision of care at birth, and the 436
traditional birth attendant only offers such services to women and 437
families within that distinct cultural or religious group. 438
SECTION 8. Confidentiality. (1) All statistical data 439
reporting and sharing by the board shall be anonymized prior to 440
dissemination or publication. 441
(2) The board shall keep all information relating to the 442
receipt and investigation of complaints filed against licensees or 443
applicants confidential until the information is disclosed in the 444
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course of the investigation or any later proceeding before the 445
board. Client records, including clinical records, files, any 446
other report or oral statement relating to diagnostic findings or 447
clinical treatment of clients, any information from which a client 448
or her family might be identified, or information received and 449
records or reports kept by the board as a result of an 450
investigation made under this act shall be exempt from the 451
provisions of the Mississippi Public Records Act of 1983 and shall 452
be kept confidential by the board. 453
SECTION 9. Immunity. (1) Nothing in this act shall create 454
liability of any kind for a licensed health care provider who 455
provides care to a client of a licensed midwife for personal 456
injury or death resulting from an act or omission by the midwife, 457
unless the professional negligence or malpractice of the health 458
care provider was a proximate cause of the injury or death. 459
(2) No duly licensed midwife who, in good faith and in the 460
exercise of reasonable care, renders aid in emergency childbirth, 461
or assists in transporting a laboring mother to a place where 462
medical assistance can be reasonably expected, shall be liable for 463
any civil damages to the mother or infant as a result of any acts 464
committed in good faith and in the exercise of reasonable care or 465
omissions in good faith and in the exercise of reasonable care by 466
such midwife in rendering aid in the emergency. 467
SECTION 10. Offenses; penalties. (1) It is a misdemeanor 468
for any person to: 469
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(a) Offer or engage in the provision of professional 470
midwifery services unless duly licensed to do so under the 471
provisions of this act; 472
(b) Impersonate in any manner or pretend to be a 473
licensed midwife or use the title "Licensed Midwife", the letters 474
"L.M." or any other words, letters, signs, symbols or devices to 475
indicate the person using them is a licensed midwife, unless duly 476
authorized by the license or permit under the provisions of this 477
act; 478
(c) Provide midwifery care during the time that his or 479
her license or temporary permit is suspended, revoked, lapsed or 480
expired; 481
(d) Fail to notify the board of the suspension, 482
probation or revocation of any past or currently held licenses 483
required to practice midwifery in any other jurisdiction; 484
(e) Make false representations or impersonate or act as 485
a proxy for another person or allow or aid any person to 486
impersonate him or her in connection with any application for 487
licensing or request to be licensed; or 488
(f) Otherwise violate any provisions of this act. 489
(2) Such misdemeanor shall, upon conviction, be punishable 490
by a fine of not more than One Thousand Dollars ($1,000.00) or by 491
imprisonment for not more than six (6) months or by both fine and 492
imprisonment for each offense. 493
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SECTION 11. (1) Terminology in any health coverage plan, 494
policy or contract deemed discriminatory against professional 495
midwifery, community perinatal care, or the midwifery model of 496
care or that inhibits reimbursement for such services at the 497
in-network rate is void and unenforceable. 498
(2) Any health coverage plan amended, delivered, issued or 499
renewed in this state on or after January 1, 2027, that provides 500
maternity benefits that are not limited to complications of 501
pregnancy, or newborn care benefits, shall provide coverage for 502
maternity services and perinatal care rendered by a licensed 503
midwife licensed under this act, regardless of the site of 504
services. The coverage provided for in this section may be 505
subject to annual deductibles, coinsurance and copayments. 506
(3) A health coverage plan amended, delivered, issued or 507
renewed in this state on or after January 1, 2027, shall not 508
differentiate between perinatal services performed by a 509
professional midwife within his or her lawful scope of practice 510
and perinatal services by a physician with respect to copayment or 511
annual deductible amounts or coinsurance percentages. 512
(4) Whenever any health coverage plan amended, delivered, 513
issued or renewed in this state on or after January 1, 2027, 514
provides for reimbursement of any services that are within the 515
lawful scope of practice of licensed midwives, the insured or 516
other person entitled to benefits under the health coverage plan 517
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shall be entitled to reimbursement for the services, whether the 518
services are performed by a physician or a licensed midwife. 519
(5) The provisions of this section apply to any new policy, 520
contract, program or health coverage plan issued on and after 521
January 1, 2027. Any policy, contract or health coverage plan in 522
effect before January 1, 2027, shall convert to conform to the 523
provisions of this act on or before the renewal date, but no later 524
than January 1, 2028. 525
(6) Nothing in this section shall restrict the Division of 526
Medicaid from setting rules and regulations regarding the coverage 527
of professional midwifery services, and nothing in this section 528
shall amend or change the Division of Medicaid's schedule of 529
benefits, exclusions and/or limitations related to obstetric 530
and/or midwifery services as determined by state or federal 531
regulations and state and federal law. 532
SECTION 12. (1) A licensed provider who regularly provides 533
health care services related to labor and delivery shall: 534
(a) Be able to identify when to transmit and receive 535
patient information, and transfer and receive patients, across the 536
facility's levels of care; and 537
(b) Coordinate with other licensed providers to 538
effectuate services across the facility's levels of care in a way 539
that prevents patients from losing access to care. 540
(2) The acceptance of a transferred perinatal patient does 541
not establish an employment or supervisory relationship between 542
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the accepting licensed provider and the transferring licensed 543
provider or establish grounds for vicarious liability. 544
(3) Within twenty-four (24) months from the effective date 545
of the initial rules promulgated by the board, the Division of 546
Health Facilities Licensure and Certification of the State 547
Department of Health shall develop and institute a safe perinatal 548
transfer certification for the facilities that it regulates. 549
(4) In developing the safe perinatal transfer certification, 550
the division shall incorporate input and feedback from: 551
(a) Interested and affected stakeholders, with a focus 552
on pregnant women and those in the postpartum period and their 553
family members; 554
(b) Multidisciplinary, nonprofit organizations 555
representing pregnant women and those in the postpartum period, 556
with a focus on individuals from racial and ethnic minority 557
groups; and 558
(c) Multidisciplinary, community-based organizations 559
that provide support or advocacy for pregnant women and those in 560
the postpartum period, with a focus on persons from racial and 561
ethnic minority groups. 562
(5) Nothing in this act shall prohibit licensed providers or 563
facilities from billing for health care services rendered, 564
including maternity care and perinatal care. 565
SECTION 13. Section 73-25-33, Mississippi Code of 1972, is 566
amended as follows: 567
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ST: Midwifery; provide for licensure and
regulation of.
73-25-33. (1) The practice of medicine shall mean to 568
suggest, recommend, prescribe, or direct for the use of any 569
person, any drug, medicine, appliance, or other agency, whether 570
material or not material, for the cure, relief, or palliation of 571
any ailment or disease of the mind or body, or for the cure or 572
relief of any wound or fracture or other bodily injury or 573
deformity, or the practice of obstetrics * * *, after having 574
received, or with the intent of receiving therefor, either 575
directly or indirectly, any bonus, gift, profit or compensation; 576
provided, that nothing in this section shall apply to * * * 577
individuals engaged * * * in the practice of midwifery. 578
(2) The practice of medicine shall not mean to provide 579
gender transition procedures for any person under eighteen (18) 580
years of age * * *. 581
(3) For purposes of this section, "gender transition 582
procedures" means the same as defined in Section 41-141-3. 583
SECTION 14. Sections 1 though 10 of this act shall be 584
codified as a new chapter in Title 73 of the Mississippi Code of 585
1972. Section 11 of this act shall be codified as a new section 586
in Article 5, Chapter 41, Title 83 of the Mississippi Code of 587
1972. 588
SECTION 15. This act shall take effect and be in force from 589
and after July 1, 2026. 590