HCS/HB 36 - This act provides that nothing in state law shall encroach on a mother's right to give birth in the setting and with any caregiver of her choice. A caregiver under this act includes a person who provides midwifery services. The service of midwifery is not the practice of medicine, nursing, nurse-midwifery, or any other medical or healing practice. A caregiver who assists the mother shall not be subject to prosecution under state law, if such caregiver exercises in good faith a reasonable degree of care or service.
Every midwife shall explain and present a written disclosure statement to all client or potential clients outlining his or her education and training as a midwife, number of years of experience and of women served, and explaining the possible risks and an emergency plan.
No physician, certified nurse midwife, or hospital providing emergency medical care or treatment using midwifery services shall be liable for any civil damages for any act or omission resulting from the rendering of such services, except in the case of gross negligence or willful misconduct.
ADRIANE CROUSE