Janell Green Smith Maternal Health Acc. Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 908

Short Title: Janell Green Smith Maternal Health Acc. Act. (Public)
Sponsors: Senators Murdock, Salvador, and Waddell (Primary Sponsors).
Referred to: Rules and Operations of the Senate
April 30, 2026
*S908-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO RECOGNIZE MATERNAL HEALTH INITIATIVES AND TO SUPPORT AND 2
EXPAND LICENSURE AND RECOGNITION OF MIDWIVES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) Chapter 90 of the General Statutes is amended by adding a new 5
Article to read: 6
"Article 10B. 7
"Maternal Health Accountability Act. 8
"§ 90-178.10. Short title. 9
This Article shall be cited and known as the "Dr. Janell Green Smith, DNP, CNM, Maternal 10
Health Accountability Act." 11
"§ 90-178.11. Legislative findings; intent. 12
(a) Findings. – The General Assembly makes the following findings: 13
(1) North Carolina continues to experience unacceptable rates of maternal 14
mortality and severe maternal morbidity, with disproportionate impact on 15
Black, Indigenous, rural, and low-income communities. 16
(2) The American College of Nurse -Midwives (ACNM) and the National 17
Association of Certified Professional Midwives (NACPM) recognize 18
Certified Nurse Midwives (CNMs), Certified Midwives (CMs), and Certified 19
Professional Midwives (CPMs) as essential providers in a safe, 20
evidence-based, and equitable maternal health system. 21
(3) National clinical standards and peer -reviewed evidence demonstrate that 22
midwifery care, when licensed, regulated, and integrated across birth settings, 23
improves continuity of care, patient satisfaction, and maternal and neonatal 24
outcomes. 25
(4) States in the southeastern United States, including South Carolina and 26
Virginia, have enacted laws to do all of the following: 27
a. Formally integrate midwives into perinatal levels of care systems. 28
b. License and regulate Certified Professional Midwives using national 29
standards. 30
c. Prohibit physician supervision or contractual gatekeeping 31
requirements. 32
d. Require equitable reimbursement for midwives providing covered 33
maternity services. 34
(5) Virginia law expressly provides for autonomous midwifery practice and 35
reimbursement parity for licensed midwives, while South Carolina law 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 908-First Edition
requires the integration of midwives and commun ity birth into statewide 1
perinatal care planning, without restricting scope of practice or requiring 2
hospital privileges. 3
(6) A maternal health system that excludes community‑based providers, fails to 4
ensure accountability for hospital practices, or relies on uncompensated 5
perinatal labor undermines patient safety and worsens disparities. 6
(b) Intent. – It is the intent of the General Assembly to establish a comprehensive 7
maternal health accountability framework that promotes safety, transparency, workforce 8
sustainability, informed consent, and equitable access to care, while honoring the legacy of Dr. 9
Janell Green Smith, whose leadership advanced patient -centered maternity care and system 10
accountability. 11
"§ 90-178.12. Core principles. 12
North Carolina's maternal health system shall be governed by the following principles: 13
(1) Maternal health systems shall be accountable for patient safety, respectful 14
care, and measurable outcomes. 15
(2) Pregnant and postpartum individuals and their families shall have clear, 16
accessible pathways for reporting harm and obtaining timely support. 17
(3) Certified Nurse Midwives, Certified Midwives, and Certified Professional 18
Midwives are essential maternal health providers and must be recognized, 19
regulated, and supported across all birth settings. 20
(4) Community-based organizations, including midwifery practices and doula 21
organizations, constitute essential public health infrastructure. 22
(5) The maternal health workforce shall be sustainable, accessible, and fairly 23
compensated. 24
(6) Licensed midwifery care across hospital and community settings improves 25
continuity of care, safety, and birth outcomes. 26
"§ 90-178.13. Definitions. 27
The following definitions apply in this Article: 28
(1) CM. – Certified Midwife licensed under Article 10C of this Chapter. 29
(2) CNM. – Certified Nurse Midwife licensed under Article 10A of this Chapter. 30
(3) CPM. – Certified Professional Midwife licensed under Article 10C of this 31
Chapter. 32
(4) Department. – The Department of Health and Human Services. 33
(5) Hospital. – As defined in G.S. 131E-214.1. 34
(6) Perinatal health care provider. – A licensee under this Article and Articles 10A 35
and 10C of this Chapter. 36
"§ 90-178.14. Hospital accountability and safe discharge. 37
Hospitals providing maternal or emergency obstetric services shall do all of the following: 38
(1) Implement and maintain a safe labor discharge plan prior to the discharge of 39
any individual presenting in labor. 40
(2) Adopt and maintain standardized maternal clinical escalation and emergency 41
response protocols. 42
(3) Require annual training in respectful maternity care and implicit bias for 43
obstetric, emergency, and nursing staff. 44
(4) Maintain formal collaboration and transfer agreements with licensed CNMs, 45
CMs, and CPMs to ensure timely, respectful, and safe transitions of care from 46
community‑based to hospital settings. 47
(5) Prohibit denial or delay of care based solely on provider type or planned birth 48
setting. 49
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Senate Bill 908-First Edition Page 3
(6) Allow perinatal health care providers in birthing rooms as part of the care team 1
and not counted as a member of the family, including in the event that a birth 2
moves from home care to hospital care. 3
"§ 90-178.15. Reporting requirements; oversight. 4
(a) Departmental Reporting Requirement. – On August 1 of each year, hospitals and all 5
perinatal health care providers shall annually report to the Department of Health and Human 6
Services all of the following: 7
(1) Maternal mortality. 8
(2) Severe maternal morbidity. 9
(3) Emergency postpartum readmissions. 10
(4) Discharges during active labor. 11
(5) Cesarean delivery rates. 12
(6) Labor induction rates. 13
(7) Neonatal intensive care unit admissions. 14
(8) Transfers between community-based and hospital-based care. 15
(b) Data. – All data compiled for the reports under this section shall be disaggregated by 16
race, ethnicity, payer, geography, and provider type. All reports under this section shall be made 17
available for public access on the Department's website. 18
(c) Oversight. – The Department is required to do all of the following: 19
(1) Conduct compliance audits. 20
(2) Require corrective action plans if a hospital covered under this Article is found 21
to not be in compliance. 22
(3) Provide technical assistance to hospitals and perinatal health care providers to 23
comply with the provisions of this Article. 24
(4) Evaluate outcomes across all birth settings, including community -based 25
midwifery care, consistent with perinatal integration models adopted in peer 26
states. 27
(d) Annual Report. – The Department shall annually submit a report containing (i) the 28
data collected under subsection (a) of this section and (ii) the outcomes under subdivision (c)(4) 29
of this section to the Joint Legislative Health and Human Services Oversight Committee by 30
October 1 of each year. 31
"§ 90-178.16. Patient advocacy and accountability. 32
(a) System. – The Department shall establish a statewide maternal health reporting and 33
navigation system to provide all of the following: 34
(1) Assistance with the hospital grievance process under the North Carolina 35
Medical Board or the Division of Health Service Regulation. 36
(2) Referrals to legal resources. 37
(3) Referrals to relevant occupational and State agency licensing boards. 38
(4) Referrals to community health workers. 39
(5) Access to trauma-informed and perinatal mental health services. 40
(b) Funding. – The Department shall provide any available funds, if practicable, to 41
community-based organizations to provide the services listed in subsection (a) of this section. 42
"§ 90-178.17. Transfers. 43
Hospitals and perinatal health care providers shall participate and collaborate in standardized 44
transfer protocols that prioritize patient safety and continuity of care while preserving 45
professional autonomy, consistent with national standards of practice and peer state models for 46
those providers. 47
"§ 90-178.18. Midwifery education and community infrastructure. 48
(a) Infrastructure Support. – The State, through this Article, sha ll support all of the 49
following: 50
(1) Midwifery education and apprenticeship pathways. 51
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(2) Scholarships and stipends for perinatal health care providers. 1
(3) Continuing education and workforce development. 2
(b) Funding. – The Department shall provide any available funds, if practicable, to 3
community-based organizations and birth centers to provide the services listed in subsection (a) 4
of this section and care coordination, billing and compliance, and workforce supervision. 5
"§ 90-178.19. Doula workforce sustainability. 6
The State recognizes doulas as essential members of the maternal health workforce and shall 7
(i) establish fair reimbursement and prompt payment standards, (ii) fund doula support hubs and 8
mentorship programs , (iii) provide operational grants to maternal health community-based 9
organizations, and (iv) conduct regional workforce assessments. Doula labor shall not be 10
premised upon unpaid or volunteer models." 11
SECTION 1.(b) G.S. 58-3-170 reads as rewritten: 12
"§ 58-3-170. Requirements for maternity coverage. 13
… 14
(c) A health ben efit plan that provides coverage for any maternity care provided by a 15
Certified Nurse Midwife licensed under Article 10A of Chapter 90 of the General Statutes shall 16
reimburse at the same rate, subject to the same coverage terms, equivalent services provided by 17
a perinatal health care provider licensed under Article 10C of Chapter 90 of the General Statutes 18
and subject to Article 10B of Chapter 90 of the General Statutes." 19
SECTION 1.(c) Subsection (b) of this section is effective October 1, 2026, and 20
applies to insurance contracts entered into, renewed, or amended on or after that date. 21
SECTION 1.(d) Reimbursement Parity for Medicaid. – The Department of Health 22
and Human Services, Divi sion of Health Benefits (DHB), shall take all necessary actions, 23
including any changes to applicable clinical coverage policies, to ensure that Medicaid maternity 24
care services provided by a Certified Nurse Midwife licensed under Article 10A of Chapter 90 25
of the General Statutes are reimbursed at the same rate and subject to the same coverage terms 26
as equivalent Medicaid maternity care services provided by a perinatal health care provider 27
licensed under Article 10C of Chapter 90 of the General Statutes, as enacted by Section 2 of this 28
act. 29
SECTION 1.(e) Subsection (d) of this section is effective October 1, 2026. 30
SECTION 2. Chapter 90 of the General Statutes is amended by adding a new Article 31
to read: 32
"Article 10C. 33
"Certified Professional Midwives and Certified Midwives. 34
"§ 90-178.25. Title. 35
This Article may be cited as the "Accessing Midwives Act." 36
"§ 90-178.26. Definitions. 37
The following definitions apply in this Article: 38
(1) Antepartal. – Occurring during pregnancy. 39
(2) Certified Midwife (CM). – A person who has obtained national certification 40
from the American Midwifery Certification Board (AMCB). 41
(3) Certified Professional Midwife (CPM). – A person who has obtained national 42
certification from the North American Registry of Midwives (NARM). 43
(4) Collaboration. – The process by which a Certified Professional Midwife and 44
a physician or other appropriate health care provider jointly manage the care 45
of a client, as defined by Council rule. 46
(5) Consultation. – The exchange of information and advice regarding the client's 47
condition and indicated treatment with a licensed physician or Certified Nurse 48
Midwife. 49
(6) Council. – The North Carolina Council of Certified Professional Midwives, a 50
subcommittee of the Division of Health Service Regulation. 51
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Senate Bill 908-First Edition Page 5
(7) Department. – The North Carolina Department of Health and Human 1
Services. 2
(8) Division. – The Division of Health Service Regulation within the Department 3
of Health and Human Services to which the North Carolina Council of 4
Certified Professional Midwives reports. 5
(9) Health care provider. – As defined in G.S. 90-21.11. 6
(10) ICM. – The International Confederation of Midwives. 7
(11) Intrapartal. – Occurring during the process of giving birth. 8
(12) Licensed physician. – A physician duly licensed in this State to practice 9
medicine under Article 1 of this Chapter. 10
(13) Licensee. – A Certified Professional Midwife who holds the CPM credential 11
or a Certified Midwife who holds the CM credential and is licensed to practice 12
midwifery under this Article. 13
(14) Midwifery. – The provision of primary health or maternity care to 14
childbearing people and infants. 15
(15) NACPM. – The National Association of Certified Professional Midwives. 16
(16) NARM. – The North American Registry of Midwives. 17
(17) Postpartal. – Occurring subsequent to birth. 18
"§ 90-178.27. License required; exemptions. 19
(a) No person shall practice or offer to practice midwifery , as defined in this Article, or 20
otherwise indicate or imply that the person is a licensed Certified Professional Midwife or 21
Certified Midwife unless the person is currently licensed as provided in this Article. 22
(b) The provisions of this Article do not apply to any of the following: 23
(1) An individual approved to practice as a Certified Nurse Midwife under Article 24
10A of this Chapter. 25
(2) A physician licensed to practice medicine under Article 1 of this Chapter when 26
engaged in the practice of medicine as defined by law. 27
(3) The performance of medical acts by a physician assistant or nurse practitioner 28
when performed in accordance with the rules of the North Carolina Board of 29
Nursing and the North Carolina Medical Board. 30
(4) The practice of nursing by a registered nurse engaged in the practice of nursing 31
under Article 9A of this Chapter. 32
(5) The rendering of childbirth assistance in an emergency situation. 33
"§ 90-178.28. The North Carolina Council of Certified Professional Midwives. 34
(a) Composition and Terms. – The North Carolina Council of Certified Professional 35
Midwives is created. The Council shall consist of seven members who shall serve staggered 36
terms. The Council members shall be appointed by the Secretary of the Department of Health 37
and Human Services, and the initial Council members shall be appointed on or before October 1, 38
2026, or within three months of this Article becoming law, whichever is later, as follows: 39
(1) Four Certified Professional Midwives or Certified Midwives , one of whom 40
shall serve for a term of four years, two of whom shall serve for terms of three 41
years, and one of whom shall serve for a term of two years. 42
(2) One licensed physician who is knowledgeable in midwifery care who shall 43
serve for a term of four years. 44
(3) Two community birth consumers who shall serve for a term of two years. 45
Upon the expiration of the terms of the initial Council members, members shall be appointed 46
for terms of four years and shall serve until their successors are appointed. No member may serve 47
more than two consecutive terms. 48
(b) Qualifications. – Each Council member shall be a resident of this State. The members 49
who are Certified Professional Midwives or Certified Midwives shall hold current licenses from 50
the Council and remain in good standing with the Council during their terms. 51
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(c) Vacancies. – Any vacancy shall be filled by the Secretary of the Department of Health 1
and Human Services. Appointees to fill vacancies shall serve the remainder of the unexpired term 2
and until their successors have been duly appointed. 3
(d) Removal. – The C ouncil may remove any of its members for neglect of duty, 4
incompetence, or unprofessional conduct. If a Council member is absent from three consecutive 5
Council meetings without excuse, that member shall be removed from office and a new member 6
shall be appointed by the Secretary of the Department of Health and Human Services. An absence 7
shall be deemed excused if caused (i) by a health problem or condition verified in writing by a 8
licensed health care provider or (ii) by an accident or similar unforeseeable tragedy or event, on 9
or before the next Council meeting. A member subject to disciplinary proceedings in the 10
member's capacity as a health care provider shall be disqualified from participating in the official 11
business of the Council until the charges have been resolved. 12
(e) Compensation. – Each member of the Council shall receive per diem and 13
reimbursement for travel and subsistence as provided in G.S. 93B-5. 14
(f) Officers. – The officers of the Council shall be a chair, a vice-chair, and other officers 15
deemed necessary by the Council to carry out the purposes of this Article. All officers shall be 16
elected annually by the Council for two -year terms and shall serve until their successors are 17
elected and qualified. No person may serve as chair for more than six consecutive years. 18
(g) Meetings. – The Council shall hold its first meeting within 45 days after the 19
appointment of its members and shall hold at least two meetings each year to conduct business 20
and to review the standards and rules previously adopted by the Council. The Council shall 21
establish the procedures for calling, holding, and conducting regular and special meetings. A 22
majority of Council members shall constitute a quorum. The Council shall hold such meetings 23
during the year as it deems necessary, one of which shall be an annual meeting. The Department, 24
the chairperson, or a majority of the Council shall have the authority to call additional meetings. 25
(h) Notice of Meeting; Records. – Public notice shall be given for all meetings , and all 26
meetings are open to the public. All records are available to the public. Persons wishing to obtain 27
copies of records may request copies, in writing, from the Council. 28
(i) Rulemaking. – The Council shall adopt rules within one year of the initial meeting to 29
implement the provisions of this Article. 30
"§ 90-178.29. Powers and duties of the Council. 31
In consultation with the Division and with guidance from the National Association of 32
Certified Professional Midwives Standards of Practice and standards of practice adopted by the 33
Council for Certified Midwives, the Council shall have the following powers and duties: 34
(1) Administer this Article. 35
(2) Issue interpretations of this Article. 36
(3) Adopt, amend, or repeal rules as may be necessary to carry out the provisions 37
of this Article, including rules relating to the administration of medications 38
consistent with a Certified Professional Midwife's or Certified Midwife 's 39
training and scope of practice. 40
(4) Verify the credentials and qualifications of applicants for licensure, license 41
renewal, and reciprocal licensure. 42
(5) Issue, renew, deny, suspend, or revoke licensure and carry out any disciplinary 43
actions authorized by this Article. 44
(6) Set fees for licensure, license renewal, and other services deemed necessary 45
to carry out the purposes of this Article , not to exceed five hundred dollars 46
($500.00) over a two-year period. 47
(7) Maintain a current list of all persons who have been licensed as Certified 48
Professional Midwives or Certified Midwives under this Article and, using a 49
statistically validated data collection tool, collect and review annual practice 50
reports. 51
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(8) Address problems and concerns of Certified Professional Midwives or 1
Certified Midwives in order to promote safety for the citizens of this State. 2
(9) Conduct investigations for the purpose of determining whether violations of 3
this Article or grounds for disciplining Certified Professional Midwives or 4
Certified Midwives exist. 5
(10) Maintain a record of all proceedings and make available to all Certified 6
Professional Midwives and Certified Midwives and other concerned parties 7
an annual report of all Council action. 8
(11) Adopt a seal containing the name of the Council for use on all of ficial 9
documents and reports issued by the Council. 10
(12) Educate the public and other providers of maternity care about the role of the 11
Certified Professional Midwives and Certified Midwives. 12
"§ 90-178.30. Requirements for licensure. 13
An applicant shall be licensed to practice as a Certified Professional Midwife or Certified 14
Midwife under this Article if the applicant meets all of the following requirements: 15
(1) Completes an application on a form approved by the Council. 16
(2) Has complet ed all required educational and clinical training, including 17
education in emergency skills for pregnancy, birth, and newborn care and 18
other midwifery topics addressing all ICM Core Competencies, as determined 19
by NACPM or NARM , and has earned the national Certified Professional 20
Midwife certification credential awarded by a national midwifery certification 21
agency accredited by the National Commission on Certifying Agencies 22
(NCCA), the accrediting body of the Institute of Credentialing Excellence. 23
(3) Submits proof to the Council of current cardiopulmonary resuscitation (CPR) 24
certification and neonatal resuscitation program (NRP) certification. 25
(4) Has read, understands, and agrees to practice under the guidelines set forth in 26
this Article and any rules adopted pursuant to this Article. 27
(5) Pays the required fees in accordance with G.S. 90-178.34. 28
"§ 90-178.31. Responsibilities of a Certified Professional Midwife; display of license. 29
(a) A Certified Professional Midwife or Certified Midwife licensed under this Article 30
shall practice according to the National Association of Certified Professional Midwives 31
(NACPM) Standards of Practice or the standards of practice adopted by the Council for Certified 32
Midwives, as applicable, and shall have the following responsibilities: 33
(1) Provide care for the healthy client who is expected to have a normal 34
pregnancy, labor, birth, and postpartal phase in the setting of their choice. 35
(2) Ensure that the client has signed an informed consent form. Thi s form shall 36
include information to inform the client of the qualifications of the licensee 37
and the process of shared decision making and refusal. 38
(3) Order routine antepartal or postpartal screening or laboratory analysis to be 39
performed by a licensed laboratory or testing facility, when necessary. 40
(4) Develop an emergency plan in collaboration with the client that shall include 41
transfer plans for the client in the event of an emergency. 42
(5) Determine the progress of labor, monitor fetal and maternal status, and when 43
labor is well-established, be available until delivery is accomplished. 44
(6) Remain with the mother during the postpartal period until the conditions of 45
the mother and newborn are stabilized. 46
(7) Instruct the parents regarding the requirements of all State-required newborn 47
screening. 48
(8) Submit and m aintain a birth certificate of live birth in accordance with the 49
requirements of Article 4 of Chapter 130A of the General Statutes. 50
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(9) Practice in com pliance with the requirements of this Article and any rules 1
adopted pursuant to this Article. 2
(b) A licensee licensed pursuant to this Article shall display the license at all times in a 3
conspicuous place where the licensee is practicing, when applicable. 4
"§ 90-178.32. License renewal; inactive status; lapsed license. 5
(a) An initial license to practice shall be valid for two years. After the initial license 6
expires, a license shall be renewed every two years. All applications for renewal shall be filed 7
with the Council and shall be accompanied by the renewal fee in accordance with G.S. 90-178.34 8
and proof of current certification from NARM. Compliance with NARM recertification 9
requirements shall include (i) remaining in good standing with NARM , (ii) maintaining current 10
cardiopulmonary resuscitation (CPR) and neonatal resuscitation program (NRP) certifications, 11
and (iii) completing any continuing education requirements. 12
(b) A license that has expired for failure to renew may be reinstated after the applicant 13
pays any late and renewal fees as required by G.S. 90-178.34 and complies with any other rules 14
adopted pursuant to this Article. 15
(c) Upon written request to the Council, the Council may grant a Certified Professional 16
Midwife or Certified Midwife inactive status. While inactive, the licensee shall not practice 17
midwifery in this State and shall not be subject to license renewal requirements established by 18
the Council. A licensee may change the licensee's status from inactive to active by (i) submitting 19
a written request to the Council and (ii) fulfilling the requirements for renewal described under 20
subsection (a) of this section. 21
(d) A licensee who does not seek inactive status and allows the license to expire after a 22
90-day grace period shall apply for a new license as prescribed in this Article. 23
"§ 90-178.33. Reciprocity. 24
The Council may, upon application and payment of proper fees, grant a li cense to a n 25
individual who resides in this State and has been licensed, certified, or registered to practice as a 26
licensee in another jurisdiction if that jurisdiction 's standards of competency are substantially 27
equivalent to those provided in this Article in accordance with rules adopted by the Council. 28
"§ 90-178.34. Fees. 29
(a) All fees shall be set by the Council, in consultation with the Division, pursuant to 30
rules adopted under this Article. All fees payable to the Council shall be deposited in the name 31
of the Council in financial institutions designated by the Council as official depositories and shall 32
be used to pay all expenses incurred in carrying out the purposes of this Article. 33
(b) All salaries, compensation, and expenses incurred or allowed to carry out the purposes 34
of this Article shall be paid by the Council exclusively out of the fees received by the Council as 35
authorized by this Article or funds received from other sources. 36
"§ 90-178.35. Midwifery formulary. 37
The Council shall establish a formulary of drugs and devices that are appropriate to Certified 38
Professional Midwife care. Certified Professional Midwives shall dispense only those drugs and 39
devices in accordance with the current formulary defined by the Council. Certified Professional 40
Midwives shall comply with applicable State and federal laws and rules relating to administering 41
of drugs. Certified Professional Midwives shall maintain proper records of obtaining, storing, 42
and administering drugs and device s. Nothing in this section shall be construed to preclude a 43
midwife from carrying out the prescribed medical orders of a licensed health care provider 44
authorized to prescribe. 45
"§ 90-178.36. Suspension, revocation, and refusal to renew license. 46
(a) The Council may issue a letter of reprimand, deny, refuse to renew, suspend, or revoke 47
an application for licensure or a license if the applicant or licensee does any of the following: 48
(1) Gives false information or withholds material information from the Council 49
in procuring or attempting to procure a license. 50
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(2) Gives false information or withholds material information from the Council 1
during the course of an investigation conducted by the Council. 2
(3) Has been convicted of or pled guilty or no contest to a crime that indicates the 3
person is unfit or incompetent to practice midwifery, as defined in this Article, 4
or that indicates the person has deceived, defrauded, or endangered the public. 5
(4) Has a habitual substance abuse problem or mental impairment that interferes 6
with his or her ability to provide appropriate care as established by this Article 7
or rules adopted by the Council. 8
(5) Has demonstrated gross negligence, incompetency, or misconduct in the 9
practice of midwifery, as defined in this Article. 10
(6) Has had an application for licensure or a license to practice midwifery as a 11
Certified Professional Midwife or Certified Midwife in another jurisdiction 12
denied, suspended, or revoked for reasons that would be grounds for similar 13
action in this State. 14
(7) Has willfully violated any provision of this Article or rules adopted by the 15
Council. 16
(b) The taking of any action authorized under subsection (a) of this section may be 17
ordered by the Council after a hearing is held in accordance with Article 3A of Chapter 150B of 18
the General Statutes. The Council may reinstate a revoked license if it finds that the reasons for 19
revocation no longer exist and that the person can reasonably be expected to perform the services 20
authorized under this Article in a safe manner. 21
"§ 90-178.37. Enjoining illegal practices; vicarious liability. 22
(a) The Council may apply to the superior court for an order enjoining violations of this 23
Article. Upon a showing by the Council that any person has violated this Article, the court may 24
grant injunctive relief. 25
(b) No health care provider or medical facility shall be liable for an injury to a woman or 26
infant arising during childbirth and resulting from an act or omission by a Certified Professional 27
Midwife or Certified Midwife licensed under this Article, regardless of whether the health care 28
provider has consulted with or accepted a referral from the licensee." 29
SECTION 3. Except as otherwise provided, this act becomes effective October 1, 30
2026. 31