Midwifery; provide for licensure and regulation of.

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

By: Representative Scott

HOUSE BILL NO. 79

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
PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROHIBIT TERMINOLOGY IN 15
ANY HEALTH COVERAGE PLAN, POLICY OR CONTRACT THAT IS 16
DISCRIMINATORY AGAINST PROFESSIONAL MIDWIFERY; TO REQUIRE HEALTH 17
COVERAGE PLANS THAT PROVIDE MATERNITY BENEFITS TO PROVIDE COVERAGE 18
FOR SERVICES RENDERED BY A LICENSED MIDWIFE; TO PROVIDE WHENEVER A 19
HEALTH COVERAGE PLAN PROVIDES FOR REIMBURSEMENT OF ANY SERVICES 20
THAT ARE WITHIN THE LAWFUL SCOPE OF PRACTICE OF LICENSED MIDWIVES, 21
THE PERSON ENTITLED TO BENEFITS UNDER THE PLAN SHALL BE ENTITLED 22
TO REIMBURSEMENT FOR THE SERVICES, WHETHER THE SERVICES ARE 23
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
CLARIFY THAT THE PRACTICE OF MIDWIFERY IS NOT CONSIDERED TO BE THE 28
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: 83
(a) "Antepartum" means the stage of care that begins 84
when a pregnant woman presents herself for care during pregnancy 85
and ends at the onset of labor. 86
(b) "Apprentice" means an individual at the 87
apprenticeship level of midwifery training who is obtaining 88
clinical experience under the supervision of a qualified, licensed 89
midwife by providing midwifery care under the supervision of such 90
a preceptor. 91
(c) "Board" means the Mississippi State Board of 92
Licensed Midwifery, which is created in Section 6 of this act. 93
(d) "Certified nurse midwife" means an advanced 94
practice registered nurse certified by the American Midwifery 95
Certification Board whose practice is regulated by Section 73-15-1 96
et seq. 97
(e) "Client" means an individual receiving professional 98
midwifery services from a licensed midwife. Because the midwifery 99
model of care characterizes pregnancy as a normal physiologic 100
process rather than a medical event, the term "client" is 101
preferred over the term "patient" by professional midwives as well 102
as the families they serve. Within this act, however, the term 103
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"patient" may also be used to refer to an individual receiving 104
professional midwifery services from a licensed midwife. 105
(f) "Intrapartum" means occurring from the onset of 106
labor until after the delivery of the placenta. 107
(g) "Licensed midwife" means an individual who 108
practices professional midwifery in community settings and has met 109
the licensing requirements established by this act and its 110
implementing rules as promulgated by the board. 111
(h) "Neonate" means a newborn child in its first four 112
(4) weeks of life. 113
(i) "Neonatal period" means the first four (4) weeks of 114
a child's life. 115
(j) "Normal" means, as applied to the antepartum, 116
intrapartum and postpartum periods and the neonatal period, and as 117
defined by board rule, circumstances under which a midwife has 118
determined that a client does not have a condition that requires 119
medical intervention. 120
(k) "Physician" means an individual engaged in the 121
practice of medicine and duly licensed by the State Board of 122
Medical Licensure whose practice is regulated by Section 73-25-1 123
et seq. 124
(l) "Postpartum period" means the first six (6) weeks 125
after a woman has given birth. 126
(m) "Professional midwifery" means the studied, skilled 127
practice of providing primary maternity care consistent with a 128
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midwife's training, education and experience to women and neonates 129
during the antepartum, intrapartum and postpartum periods. 130
SECTION 4. Applicability. This act does not apply to: 131
(a) A certified nurse midwife, a physician or any 132
health care professional licensed by the state under other 133
provisions of the Mississippi Code who is providing care within 134
the scope of his or her license; 135
(b) A student midwife who is engaged in didactic 136
learning and providing clinical care supervised by a licensed 137
midwife; 138
(c) A doula, childbirth instructor, lactation 139
consultant or other layperson offering nonclinical support during 140
the antepartum, intrapartum and postpartum periods; or 141
(d) Any person who assists with childbirth in an 142
emergency where medical or midwifery care is not available. 143
SECTION 5. Scope of practice; practice parameters; mandatory 144
procedures; prohibitions; discrimination prohibited. (1) The 145
scope of practice of licensed midwives shall consist of: 146
(a) Providing primary maternity care that is consistent 147
with a midwife's training, education and experience to low-risk 148
women and their neonates during normal antepartum, intrapartum and 149
postpartum periods, as further articulated by the board based on 150
definitions established by national and international professional 151
associations and certifying bodies; 152
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(b) Nonprescriptive family planning and basic 153
well-woman care, including, but not limited to, Pap tests, 154
sexually transmitted infection screenings, preconception 155
screenings, and other acts, tasks or functions authorized by the 156
board; and 157
(c) Consulting and collaborating with other licensed 158
health care providers, including, but not limited to, the referral 159
of women or their neonates to a higher level of care with an 160
appropriate licensed health care provider when the licensed 161
midwife determines that the pregnancy, labor, delivery, postpartum 162
period or neonatal period may not be classified as normal as 163
defined by this act or according to rules promulgated by the 164
board. 165
(2) Prescriptive authority and the possession and 166
administration of controlled substances by licensed midwives are 167
prohibited. When acting within their scope of practice, licensed 168
midwives may obtain, transport and administer the following 169
medications: 170
(a) Vitamin K; 171
(b) Antihemorrhagic agents; 172
(c) Local anesthetics; 173
(d) Oxygen; 174
(e) Prophylactic eye agents; 175
(f) RhoGam or other prophylactic immunoglobulins; 176
(g) Intravenous fluids; and 177
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(h) Any other drug that is consistent with the scope of 178
practice of professional midwifery in community settings and is 179
authorized by the board by rule. 180
(3) A licensed midwife may directly obtain supplies and 181
devices, medications within the scope of practice, order and 182
obtain screening tests including ultrasound tests, and receive 183
verbal and written reports of the results of those tests as 184
necessary for the practice of professional midwifery in community 185
settings and consistent with the scope of practice of licensed 186
midwives. 187
(4) Licensed midwives shall: 188
(a) Register and maintain current contact information 189
with the board following procedures developed by the board and 190
promulgated by rule for the publication of an official roster of 191
licensed midwives; 192
(b) Register births with the State Registrar of Vital 193
Records in accordance with the rules promulgated by the State 194
Department of Health; 195
(c) Report client statistical data to the board or 196
other national entities as required by rules promulgated by the 197
board; and 198
(d) Provide certain disclosures in writing at the 199
inception of care for a client, including, but not limited to, the 200
following: 201
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(i) The licensed midwife's education, training and 202
qualifications; 203
(ii) The licensed midwife's criteria for referring 204
a client to a licensed health care provider for a higher level of 205
care; 206
(iii) The licensed midwife's criteria for 207
effecting an emergency transfer to a hospital; 208
(iv) Whether the midwife has malpractice liability 209
insurance coverage in effect and, if so, the policy limitations of 210
that coverage; 211
(v) Notice that the licensed midwife has certain 212
statistical data reporting obligations to the board that are not 213
optional but that may be anonymized; 214
(vi) The licensed midwife's disciplinary history 215
with the board, including whether any disciplinary action is 216
currently pending against him or her by the board; 217
(vii) The procedures a client can take to initiate 218
disciplinary action against a licensed midwife; and 219
(viii) Any other information required by rules 220
promulgated by the board. 221
(5) It shall be unlawful for licensed midwives to: 222
(a) Perform surgical procedures other than episiotomies 223
or repairs of perineal lacerations; 224
(b) Use forceps or vacuum extraction; 225
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(c) Aid or abet an unlicensed person to practice as a 226
licensed midwife; 227
(d) Negligently, willfully or intentionally act in a 228
manner inconsistent with the health and safety of those entrusted 229
to the licensed midwife's care; 230
(e) Engage in substandard, unprofessional or 231
dishonorable conduct, or any other form of misconduct as defined 232
by the board; and 233
(f) Engage in any other act, task or function 234
prohibited in rules promulgated by the board. 235
(6) Nothing in this act shall be construed to permit the 236
practice of medicine by licensed midwives since midwifery is not 237
the practice of medicine. 238
SECTION 6. State Board of Licensed Midwifery created; 239
composition; powers and duties. (1) The State Board of Licensed 240
Midwifery is created to regulate autonomous professional midwifery 241
practice in community settings within Mississippi. 242
(a) The board shall consist of nine (9) persons and be 243
comprised of: 244
(i) Six (6) midwives each of whom has at least two 245
(2) years experience in Mississippi in the practice of midwifery 246
in community settings; 247
(ii) One (1) perinatal care provider who is 248
certified by a national professional organization; 249
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(iii) One (1) member who represents the public and 250
who is not practicing or trained in a health care profession, and 251
who is a parent with at least one (1) child born with the 252
assistance of a midwife or a certified nurse midwife; and 253
(iv) The Executive Director of the State 254
Department of Health or his or her designee. 255
(b) The appointed board members shall be resident 256
citizens of the State of Mississippi and appointed by the 257
Governor. The Governor shall accept and consider lists of 258
nominees from any interested individual or organization, and shall 259
prioritize the appointment of nominees made by the following 260
organizations or their successors: 261
(i) The State Department of Health; 262
(ii) The Association of Mississippi Midwives; 263
(iii) The Mississippi Perinatal Quality 264
Collaborative; 265
(iv) The Mississippi Public Health Institute; 266
(v) The Institute for the Advancement of Minority 267
Health; 268
(vi) Better Birth Mississippi; and 269
(vii) Sisters in Birth. 270
Any such list of nominees from the organizations listed in 271
this paragraph (b) shall be submitted at least thirty (30) days 272
before the expiration of the term for each position. 273
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(c) The initial appointments to the board shall be for 274
staggered terms, to be designated by the Governor at the time of 275
appointment as follows: four (4) members shall serve for terms 276
ending on July 1, 2028; three (3) members shall serve for terms 277
ending on July 1, 2029; and one (1) member shall serve for a term 278
ending on July 1, 2030. All later appointments shall be for terms 279
of four (4) years from the expiration date of the previous term. 280
(d) The Governor shall fill a vacancy no later than 281
sixty (60) days from the date the vacancy occurs. Members may 282
hold office until their successors have been appointed. 283
(e) The appointed board members shall not be 284
compensated for their service, but shall be reimbursed for 285
necessary and ordinary expenses and mileage incurred while 286
performing their duties as members of the board as provided in 287
Section 25-3-41, to be paid from the special fund of the board. 288
(2) Not later than July 1, 2027, the board shall promulgate 289
rules that, at a minimum: 290
(a) Establish and implement a program for qualified 291
individuals to apply and obtain licensure as a licensed midwife, 292
including, but not limited to: 293
(i) Developing policies and procedures for 294
temporary permits, initial licensing, renewals and reinstatement 295
of lapsed licenses; 296
(ii) A fee schedule for applications, temporary 297
permits, initial licenses, renewals and reinstatements. The board 298
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shall review its fee schedule every four (4) years and update fees 299
as necessary for the growth and sustainability of the profession; 300
and 301
(iii) Providing that an applicant who has 302
practiced midwifery for at least five (5) consecutive years before 303
the effective date of this act, performing the activities 304
described in Section 5(1) of this act during that time, shall be 305
issued a license by the board after providing satisfactory 306
documentation of such experience to the board. 307
(b) Develop educational standards, including, but not 308
limited to: 309
(i) Identifying the basic minimum educational 310
standards, including the type of courses and number of hours 311
required, that qualify an applicant to seek licensure; 312
(ii) Developing methods and requirements for 313
ensuring the continued competence of licensed midwives through 314
continuing midwifery education, including the type of courses and 315
number of hours required, as a condition for license renewal; and 316
(iii) Approving educational programs, 317
institutions, instructors and facilities that meet the basic and 318
continuing professional midwifery educational requirements for 319
practice within Mississippi; 320
(c) Prescribe standards and competencies for the 321
practice of professional midwifery in community settings within 322
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Mississippi based on criteria established by national and 323
international professional associations and certifying bodies; 324
(d) Delineate specific symptoms and conditions that 325
require collaboration, consultation or referral of a client by a 326
licensed midwife to a physician or other appropriate licensed 327
health care provider, and establish the process for such 328
collaboration, consultation or referral. Such rules shall promote 329
informed consent and preserve parental choice; 330
(e) Exercise its disciplinary authority by establishing 331
and implementing formal disciplinary processes and procedures. 332
(i) The board shall develop and prescribe 333
procedures for investigating, processing and resolving complaints, 334
violations, probations, suspensions, revocations and 335
reinstatements, including, but not limited to: 336
1. Complaints of professional misconduct; 337
2. Allegations that licensed midwives are 338
violating the provisions of this act or its implementing rules; 339
and 340
3. Grievances from applicants and licensees 341
regarding agency action. 342
(ii) All procedures implementing the board's 343
disciplinary authority shall incorporate notice, the opportunity 344
to be heard, and a decision by a neutral decision-maker. Final 345
agency decisions will be subject to judicial review; and 346
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(f) Collect, analyze, share and publish anonymized 347
statistical perinatal outcome data from licensed midwives and 348
individuals holding temporary permits, including, but not limited 349
to, live births, fetal demises and neonatal and maternal deaths. 350
Rules regarding data sharing shall preserve public access. 351
(3) In promulgating the rules described in subsection (2) of 352
this section, the board shall consider any data, views, questions 353
and arguments submitted by: 354
(a) The State Department of Health; 355
(b) The Association of Mississippi Midwives; 356
(c) The Mississippi Perinatal Quality Collaborative; 357
(d) The Mississippi Public Health Institute; 358
(e) The Institute for the Advancement of Minority 359
Health; 360
(f) Better Birth Mississippi; and 361
(g) Sisters in Birth. 362
(4) The board shall develop, publish and maintain an 363
official roster of licensed midwives and individuals holding 364
temporary permits that can be accessed by the public at no cost. 365
The roster shall reflect the statistical outcome data and 366
disciplinary history of each licensee and permit-holder. 367
(5) The board shall deposit all funds received from the 368
collection of application and licensure fees and any other monies 369
received by the board into a special fund that is created in the 370
State Treasury to be known as the Board of Licensed Midwifery 371
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Fund. Monies in the special fund shall be used by the board, upon 372
appropriation by the Legislature, for the purpose of administering 373
this act. Any interest earned on the special fund shall be 374
credited to the special fund and shall not be paid into the State 375
General Fund. Any monies remaining in the special fund at the end 376
of a fiscal year shall not lapse into the State General Fund. 377
(6) The board is authorized to contract with third-party 378
entities to perform clerical and administrative tasks and 379
functions related to the logistical implementation of midwifery 380
licensure under this act. 381
(7) The board may promulgate any and all additional rules it 382
deems necessary to effectively regulate the practice of licensed 383
midwives to the extent that those additional rules do not violate 384
any terms or provisions of this act. 385
SECTION 7. License required; temporary permits; exemptions; 386
qualifications. (1) Beginning on the effective date of the 387
initial rules promulgated by the board under Section 6 of this 388
act, it shall be unlawful for any person to provide professional 389
midwifery care within the State of Mississippi without first 390
obtaining a license from the board in accordance with its rules. 391
(2) The board shall promulgate rules allowing for the 392
expedited issuance of temporary permits authorizing an individual 393
to practice professional midwifery pending qualification for 394
licensure. 395
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(a) Temporary permits shall be issued for a term of 396
twenty-four (24) months and may not be renewed except as follows: 397
A temporary permit issued to an apprentice may be renewed upon a 398
showing to the board that the apprentice has good cause for not 399
completing his or her clinical training within the initial 400
temporary permit period. 401
(b) An applicant who is granted a temporary permit 402
under this section is subject to all other requirements of this 403
act and rules promulgated by the board, and the board may 404
automatically void the temporary permit if the applicant fails to 405
comply with those requirements. 406
(c) An individual who paid an application fee in 407
connection with an application for a temporary permit under this 408
section is not required to pay a separate application fee in 409
connection with his or her application for an initial license if 410
the board receives the application for an initial license within 411
sixty (60) days after the expiration of the temporary permit. 412
(d) To qualify for a temporary permit to practice 413
professional midwifery, an individual must: 414
(i) Be an apprentice working under the supervision 415
of a licensed midwife; 416
(ii) Be licensed in good standing as a midwife in 417
another state at the time of application; or 418
(iii) Be engaged in providing professional 419
midwifery services to one or more Mississippi families on the 420
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effective date of the initial rules promulgated by the board, as 421
evidenced by a contractual agreement to render such services. 422
(e) An individual seeking a temporary permit under this 423
subsection (2) must submit an application for full licensure 424
within twelve (12) months after the effective date of the initial 425
rules promulgated by the board. 426
(3) Licensure under this act is not required for: 427
(a) An employee or other individual who is assisting a 428
midwife and who is under the midwife's supervision from performing 429
activities or functions that are delegated by the midwife, that 430
are nondiscretionary, that do not require the exercise of 431
professional judgment for their performance, and that are within 432
the midwife's authority to perform; and 433
(b) An individual providing uncompensated care to a 434
friend or family member if the individual does not hold himself or 435
herself out to the public as a licensed midwife. 436
(4) Nothing in this act shall prohibit a traditional birth 437
attendant from providing care that falls within the scope of 438
midwifery practice without a license where the traditional birth 439
attendant is fulfilling a cultural or religious role that has 440
historically included the provision of care at birth, and the 441
traditional birth attendant only offers such services to women and 442
families within that distinct cultural or religious group. 443
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SECTION 8. Confidentiality. (1) All statistical data 444
reporting and sharing by the board shall be anonymized prior to 445
dissemination or publication. 446
(2) The board shall keep all information relating to the 447
receipt and investigation of complaints filed against licensees or 448
applicants confidential until the information is disclosed in the 449
course of the investigation or any later proceeding before the 450
board. Client records, including clinical records, files, any 451
other report or oral statement relating to diagnostic findings or 452
clinical treatment of clients, any information from which a client 453
or her family might be identified, or information received and 454
records or reports kept by the board as a result of an 455
investigation made under this act shall be exempt from the 456
provisions of the Mississippi Public Records Act of 1983 and shall 457
be kept confidential by the board. 458
SECTION 9. Immunity. (1) Nothing in this act shall create 459
liability of any kind for a licensed health care provider who 460
provides care to a client of a licensed midwife for personal 461
injury or death resulting from an act or omission by the midwife, 462
unless the professional negligence or malpractice of the health 463
care provider was a proximate cause of the injury or death. 464
(2) No duly licensed midwife who, in good faith and in the 465
exercise of reasonable care, renders aid in emergency childbirth, 466
or assists in transporting a laboring mother to a place where 467
medical assistance can be reasonably expected, shall be liable for 468
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any civil damages to the mother or infant as a result of any acts 469
committed in good faith and in the exercise of reasonable care or 470
omissions in good faith and in the exercise of reasonable care by 471
such midwife in rendering aid in the emergency. 472
SECTION 10. Offenses; penalties. (1) It is unlawful for 473
any person to: 474
(a) Offer or engage in the provision of professional 475
midwifery services unless duly licensed to do so under the 476
provisions of this act; 477
(b) Impersonate in any manner or pretend to be a 478
licensed midwife or use the title "Licensed Midwife", the letters 479
"L.M." or any other words, letters, signs, symbols or devices to 480
indicate the person using them is a licensed midwife, unless duly 481
authorized by the license or permit under the provisions of this 482
act; 483
(c) Provide midwifery care during the time that his or 484
her license or temporary permit is suspended, revoked, lapsed or 485
expired; 486
(d) Fail to notify the board of the suspension, 487
probation or revocation of any past or currently held licenses 488
required to practice midwifery in any other jurisdiction; 489
(e) Make false representations or impersonate or act as 490
a proxy for another person or allow or aid any person to 491
impersonate him or her in connection with any application for 492
licensing or request to be licensed; or 493
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(f) Otherwise violate any provisions of this act. 494
(2) (a) For the first violation and subsequent violations 495
of any provision of this section, the board shall impose a 496
monetary penalty of One Thousand Dollars ($1,000.00). 497
(b) In addition to a monetary penalty, the board may 498
revoke the license of a midwife or suspend the license for up to 499
two (2) years without review. 500
(c) In addition to or as an alternative to revoking or 501
suspending the license of a midwife, the board may require the 502
midwife to complete education programs, participate in supervised 503
practice, or submit to care or counseling. 504
SECTION 11. (1) Terminology in any health coverage plan, 505
policy or contract deemed discriminatory against professional 506
midwifery, community perinatal care, or the midwifery model of 507
care or that inhibits reimbursement for such services at the 508
in-network rate is void and unenforceable. 509
(2) Any health coverage plan amended, delivered, issued or 510
renewed in this state on or after January 1, 2027, that provides 511
maternity benefits that are not limited to complications of 512
pregnancy, or newborn care benefits, shall provide coverage for 513
maternity services and perinatal care rendered by a licensed 514
midwife licensed under this act, regardless of the site of 515
services. The coverage provided for in this section may be 516
subject to annual deductibles, coinsurance and copayments. 517
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(3) A health coverage plan amended, delivered, issued or 518
renewed in this state on or after January 1, 2027, shall not 519
differentiate between perinatal services performed by a 520
professional midwife within their lawful scope of practice and 521
perinatal services by a physician with respect to copayment or 522
annual deductible amounts or coinsurance percentages. 523
(4) Whenever any health coverage plan amended, delivered, 524
issued or renewed in this state on or after January 1, 2027, 525
provides for reimbursement of any services that are within the 526
lawful scope of practice of licensed midwives, the insured or 527
other person entitled to benefits under the health coverage plan 528
shall be entitled to reimbursement for the services, whether the 529
services are performed by a physician or a licensed midwife. 530
(5) The provisions of this section apply to any new policy, 531
contract, program or health coverage plan issued on and after 532
January 1, 2027. Any policy, contract or health coverage plan in 533
effect before January 1, 2027, shall convert to conform to the 534
provisions of this act on or before the renewal date, but no later 535
than January 1, 2028. 536
(6) Nothing in this section shall restrict the Division of 537
Medicaid from setting rules and regulations regarding the coverage 538
of professional midwifery services, and nothing in this section 539
shall amend or change the Division of Medicaid's schedule of 540
benefits, exclusions and/or limitations related to obstetric 541
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and/or midwifery services as determined by state or federal 542
regulations and state and federal law. 543
SECTION 12. (1) A licensed provider who regularly provides 544
health care services related to labor and delivery shall: 545
(a) Be able to identify when to transmit and receive 546
patient information, and transfer and receive patients, across the 547
facility's levels of care; and 548
(b) Coordinate with other licensed providers to 549
effectuate services across the facility's levels of care in a way 550
that prevents patients from losing access to care. 551
(2) The acceptance of a transferred perinatal patient does 552
not establish an employment or supervisory relationship between 553
the accepting licensed provider and the transferring licensed 554
provider or establish grounds for vicarious liability. 555
(3) Within twenty-four (24) months from the effective date 556
of the initial rules promulgated by the board, the Division of 557
Health Facilities Licensure and Certification of the State 558
Department of Health shall develop and institute a safe perinatal 559
transfer certification for the facilities that it regulates. 560
(4) In developing the safe perinatal transfer certification, 561
the division shall incorporate input and feedback from: 562
(a) Interested and affected stakeholders, with a focus 563
on pregnant women and those in the postpartum period and their 564
family members; 565
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(b) Multidisciplinary, nonprofit organizations 566
representing pregnant women and those in the postpartum period, 567
with a focus on individuals from racial and ethnic minority 568
groups; and 569
(c) Multidisciplinary, community-based organizations 570
that provide support or advocacy for pregnant women and those in 571
the postpartum period, with a focus on persons from racial and 572
ethnic minority groups. 573
(5) Nothing in this act shall prohibit licensed providers or 574
facilities from billing for health care services rendered, 575
including maternity care and perinatal care. 576
SECTION 13. Section 73-25-33, Mississippi Code of 1972, is 577
amended as follows: 578
73-25-33. (1) The practice of medicine shall mean to 579
suggest, recommend, prescribe, or direct for the use of any 580
person, any drug, medicine, appliance, or other agency, whether 581
material or not material, for the cure, relief, or palliation of 582
any ailment or disease of the mind or body, or for the cure or 583
relief of any wound or fracture or other bodily injury or 584
deformity, or the practice of obstetrics * * *, after having 585
received, or with the intent of receiving therefor, either 586
directly or indirectly, any bonus, gift, profit or compensation; 587
provided, that nothing in this section shall apply to * * * 588
individuals engaged * * * in the practice of midwifery. 589
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ST: Midwifery; provide for licensure and
regulation of.
(2) The practice of medicine shall not mean to provide 590
gender transition procedures for any person under eighteen (18) 591
years of age * * *. 592
(3) For purposes of this section, "gender transition 593
procedures" means the same as defined in Section 41-141-3. 594
SECTION 14. Sections 1 though 10 of this act shall be 595
codified as a new chapter in Title 73 of the Mississippi Code of 596
1972. Section 11 of this act shall be codified as a new section 597
in Article 5, Chapter 41, Title 83 of the Mississippi Code of 598
1972. 599
SECTION 15. This act shall take effect and be in force from 600
and after July 1, 2026. 601