HB 0112 Certified Professional Midwives
Sponsor:MAYS (50) Handling House Bill:DEPASCO
Committee:PUBH LR Number:L0349.01P
Last Action:04/03/95 - Hearing Conducted S Public Health & Welfare Committee
Effective Date:August 28, 1995
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Current Bill Summary

HB 112 - This act creates the titles "certified professional midwife" and makes it unlawful for a person certified as a midwife to advertise as a doctor or physician or to use letters before or after the person's name which would indicate that the person engages in or is authorized to engage in any branch of medical practice. No person shall provide midwifery services unless so certified, except as otherwise provided. Nothing in the act prohibits gratuitous midwifery services, the practice of religion or treatment by prayer. Emergency medical care provided to a woman in labor by licensed or certified ambulance personnel is not practicing midwifery.

This act also creates the "Council for Midwifery Certification", which consists of members one of whom shall be a licensed physician, three members shall be certified professional midwives, and three shall be public members. The Governor shall appoint the members by October 1, 1995. The Council may sue and be sued in its own name. The Council shall establish minimum requirements in accordance with nationally accepted midwifery standards, which includes an examination, for persons seeking certification. The Division of Professional Registration shall set the amount of fees to be paid, and shall issue certificates to applicants meeting requirements established by the Council. The Council may suspend, revoke or deny the certificate of any certified professional midwife who violates certain provisions. The Council shall develop rules for the purpose of promoting midwifery education programs. The Council has standard rulemaking authority.

Every certified professional midwife shall maintain, explain and present a disclosure statement to all clients and prospective clients. The statement shall include the certification as a midwife, a complete description of midwifery education and training, the number of years as a certified midwife, the number of women assisted in childbirth, the number of maternal and fetal deaths, the possible risks, and an emergency plan or procedure specific to the client's particular situation. The certified professional midwife shall obtain a signed statement from each woman under the midwife's care, stating that the woman has received a copy of the disclosure statement.

A certified professional midwife shall submit a certificate for each birth in accordance with Chapter 193, RSMo. Each maternal, newborn and stillborn death shall be reported immediately pursuant to Section 193.165, RSMo. A certified professional midwife shall comply with provisions requiring blood tests of mothers, and all other mandatory newborn testing and reporting requirements.

Disciplinary action shall not be taken against physicians and nurses who make arrangements with certified professional midwives for prospective emergency services or other cooperation within each profession's scope of practice.

A health care provider or facility rendering emergency care or assistance in good faith to a certified professional midwife's patient shall only be liable for damages caused by negligence or willful or wanton acts or omissions.

Section 334.260, which provides that all midwives licensed on August 29, 1959 under Chapter 334, RSMo 1949, are deemed licensed, is deleted.

This act is similar to SB 336 of 1995 and SB 779 of 1994.