Midwives licensure.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0641.E1

SENATE FILE
NO.
SF0141

Midwives licensure.

Sponsored by:
Senator(s) Johnson, Scott and Vasey and Representative(s) Brechtel and Mercer

A BILL

for

AN ACT relating to
professions and occupations; creating a board of
midwifery
; specifying membership; specifying duties and powers; providing for licensure of
midwives
; specifying requirements for licensure; providing exception
s
; granting rulemaking authority; providing definitions; specifying grounds for denial, suspension or revocation of license; providing for appeals; providing penalties;
providing an appropriation;
and providing for effective date
s
.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 33
‑
45
‑
101 through 33
‑
45
‑
108 are created to read:

CHAPTER 45
MIDWIVES LICENSURE ACT

33
‑
45
‑
101.

Short title.

This act shall be known as and may be cited as the
"
Midwives Licensure Act
"
.

33
‑
45
‑
102.

Definitions.

(a)

As used in this act:

(i)

"Board
"
means the board of midwifery;

(ii)

"Midwife" means any person who provides primary maternity care by affirmative act or conduct prior to, during and subsequent to childbirth;

(iii)

"Midwifery" or "practice of midwifery" means providing primary maternity care that is consistent with a midwife's training, education and experience to women and their newborn children throughout the childbearing cycle, and includes identifying and referring women or their newborn children who require medical care to an appropriate
health professional
;

(iv)

"This act" means W.S. 33
‑
45
‑
101 through
33
‑
45
‑
108.

33
‑
45
‑
103.

Board of midwifery.

(a)

The board of midwifery is established.
T
he board
shall
regulate the practice of midwifery in the state to ensure the safety of
women
and newborn children receiving care from midwi
v
es.

(b)

The board shall license as a midwife any person who applies in the manner prescribed by the board in rules and regulations and who:

(i)

Pays the fees established by the board pursuant to this act;

(ii)

Has graduated from a midwifery education program accredited by the midwifery education accreditation council or other recognized and accepted accrediting agency;

(iii)

Has passed the written examination of the North American registry of midwives
,
provided that the board may by rule and regulation provide for a different examination if necessary and may define the
passing

score
necessary for licensure under this act;

(iv)

Has completed a practicum or course of practical experience meeting the requirements established by rule and regulation of the board;

(v)

Has successfully completed a personal interview with the board, if the board deems an interview appropriate in general or in a specific case;

(vi)

Has not provided materially false or misleading information to the board;

(vii)

Has not been convicted of a crime which in the judgment of the board renders the person unfit to practice midwifery.

(c)

The board may by endorsement license any person as a midwife who applies in the manner prescribed by the board and who:

(i)

Pays the fees established by the board pursuant to this act;

(ii)

Is currently licensed or certified by any state with requirements at least as stringent as this state and is in good standing in that state;

(iii)

Has successfully completed a personal interview with the board if the board deems an interview appropriate in general or in a specific case;

(iv)

Has not provided materially false or misleading information to the board;

(v)

Has not been convicted of a crime which in the judgment of the board renders the person unfit to practice midwifery.

(d)

The period of licensure shall be two (2) years and the board shall renew the license upon application, payment of fees and completion of any required continuing education, absent cause to take action pursuant to subsection (e) of this section.

(e)

The board may revoke, suspend or condition the license of a midwife or require the midwife to practice for a time under the supervision of a
person licensed under the Medical Practice Act
, a certified nurse
midwife
or another midwife as appropriate if the board finds the midwife has committed any one (1) or more of the following:

(i)

Been convicted of a crime which renders the person unfit to practice midwifery;

(ii)

Violated this act;

(iii)

Abused or neglected
women
or newborns under the midwife's care;

(iv)

Failed to refer women or newborn children in need of care or at risk of needing care beyond the abilities of the midwife to
an appropriate health care professional
;

(v)

Provided a level
or degree
of care indicating a need for additional training of the midwife or additional professional supervision of the midwife.

(f)

The board may authorize its chairman or executive secretary, if any, to issue a provisional license allowing any of the following:

(i)

Any person eligible for licensure to practice under the supervision of another midwife, a person licensed under the Medical Practice Act or a certified nurse midwife until the board has the opportunity to act on the person's application for licensure;

(ii)

Any person doing the practicum required under this act to practice under the supervision of another midwife, a certified nurse midwife or a person licensed under the Medical Practice Act;

(iii)

Any person licensed or certified in another state with requirements at least as stringent as this state to practice for not more than thirty

(30) days to provide education and instruction in midwifery or to act as a locum tenens for a midwife license under this act. The board may define by rule and regulation the number of times
during a year
a provisional license pursuant to this paragraph may be issued.

(g)

Unless otherwise provided in this act, hearing procedures shall be promulgated in accordance with, and a person aggrieved by a decision of the board may take an appeal pursuant to, the Wyoming Administrative Procedure Act.

(h)

The practice of midwifery in
Wyoming
prior to the effective date of this act shall not constitute grounds for the board to deny licensure to or to discipline any person who otherwise qualifies for licensure under this act.

33
‑
45
‑
104.

Board membership and organization.

(a)

The board shall consist of five (5) members appointed by the governor including two (2) midwives, one (1) certified nurse midwife, one (1) registered nurse or person licensed under the Medical Practice Act and one (1) member of the public. For the first six (6) years of the board's existence, the two (2) midwife positions may be filled by women who have experienced the care of a midwife rather than by midwives. After six (6) year
s
, the
registered
nurse
or person licensed under the Medical Practice Act
position may be filled by a midwife or a woman who has experienced the care of a midwife.

(b)

The initial appointments shall be for staggered terms with two (2) members being appointed for two (2) year terms, two (2) members being appointed for three (3) year terms and one (1) member being appointed for a four (4) year term. Thereafter, members shall be appointed for four (4) year terms. The remainder of a
n
y term to which a member is appointed to fill a vacancy shall not constitute a term in determining a member's eligibility for reappointment. Vacancies shall be fil
l
ed in the same manner as original appointments.

(c)

The board shall elect a chairman and a vice chairman from among its membership. A majority of the board shall constitute a quorum. The meetings of the board shall be held at the call of the chairman or whenever a majority of the board members request and shall be held at least three (3) times per year.

(d)

The attorney general shall provide legal counsel as necessary for the board and shall do so without charge until July 1, 2010 to assist the board in its organization and
promulgation of
initial rules.

(e)

The board shall
submit
a budget for the 2010-2012 biennium and subsequent biennia through the normal budget process.

33
‑
45
‑
105.

Prohibited acts and exceptions.

(a)

Unless licensed pursuant to this act, no person shall practice midwifery or hold himself out to be a midwife, a licensed midwife or a certified professional midwife except that a certified nurse midwife may hold himself out to be a midwife.

(b)

The following are exempt from this act:

(i)

Any person rendering aid to a woman delivering a baby in the case of an emergency;

(ii)

Any family member assisting a woman delivering a baby;

(iii)

Any person recommending or referring a woman to medical care or a specific health care practitioner;

(iv)

Any person licensed under
another chapter of
this
title
while practicing within the scope of the license.

33
‑
45
‑
106.

Penalties.

Any person violating any provision of this act is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

33
‑
45
‑
107.

Immunity.

No person other than the licensed midwife who provided care to the patient shall be liable for the midwife's negligent, grossly negligent or willful and wanton acts or omissions
.

N
o hospital, person licensed under the Medical Practice Act, nurse, prehospital emergency medical personnel or any of their agents shall be liable for care provided to a woman or newborn child subsequent to care provided by a midwife whose care was negligent, grossly negligent or willful and wanton in acts or omissions
, except that any hospital, person licensed under the Medical Practice Act, nurse, prehospital emergency medical personnel or any of their agents shall remain liable as otherwise provided by law for his or its own actions which are independent of the actions and omissions of the midwife
. N
o person licensed under the Medical Practice Act, nurse
or hospital in which they practice shall be liable for any failures of a midwife to meet any standard of care for patients on which they provide consultation to a midwife or accept a referral from the midwife
but shall remain liable as otherwise provided by law for his or its own actions
.

33
‑
45
‑
108.

Fees.

The board shall establish fees as necessary to provide for the administration of this act, including establishment of a reasonable working capital contingency fund. The board may establish fees for licensure, renewal of licenses, late applications, provisional licensure and for having a baby delivered by a midwife. The fee for having a baby delivered by a midwife shall not exceed fifty dollars ($50.00) and shall be collected by the midwife and forwarded to the board at the interval specified by board rules and regulations. The fees shall be deposited and managed in the same manner as other fees collected pursuant to this act.

Section 2
.

There is appropriated
twenty thousand dollars ($20,000.00)
from the
general fund
to
the department of administration and information.
This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010.

This appropriation shall only be expended for the purpose of
providing necessary support and executive secretary services for the board of midwifery as created under section 1 of this act.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2010.

This appropriation shall not be included in the
department's

2011-2012 standard biennial budget request.

S
ection
3
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2009.

(b)

W.S. 33
‑
45
‑
103(a) and 33
‑
45
‑
104 created by this act
and section 2 of this act
are
effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion. The board of midwifery may immediately commence drafting and adoption of rules and regulations for the implementation of this act and may immediately accept applications for midwife licens
es to be issued on or after July 1, 2009
.

(END)

1
SF0141