Summary of the Introduced Bill

HB 301 -- Midwifery

Sponsor:  Talboy

This bill changes the laws regarding midwifery.  In its main
provisions, the bill:

(1)  Repeals the provision which specifies that anyone who
engages in the practice of midwifery other than a licensed
physician will be guilty of the unlawful practice of medicine;

(2)  Establishes the Advisory Committee for Certified
Professional Midwives under the State Board of Registration for
the Healing Arts within the Department of Insurance, Financial
Institutions and Professional Registration.  Committee members
must be appointed by the Governor with the advice and consent of
the Senate.  The powers, duties, terms, and membership of the
committee are specified in the bill;

(3)  Prohibits a person from holding himself or herself out as a
midwife or certified professional midwife unless he or she is
licensed by the board;

(4)  Requires an applicant to provide evidence of current
certification as a certified professional midwife by the North
American Registry of Midwives and current certification in adult
and neonatal cardiopulmonary resuscitation, present documentation
of practical experience through an apprenticeship or other
supervisory setting, pay a licensure fee, and meet other
requirements established by the board;

(5)  Authorizes the board to refuse to issue or renew, suspend,
limit, restrict, or revoke a license; investigate complaints;
issue subpoenas; file petitions with the court; and cause
complaints to be file with the Administrative Hearing Commission;

(6)  Authorizes the board to establish fees to produce revenue
sufficient to cover the costs of the administration of the
provisions of the bill.  Funds collected will be deposited into
the Board of Registration for the Healing Arts Fund;

(7)  Requires a licensee to accumulate 30 hours of continuing
education every two years in order to be eligible for license

(8)  Requires, as a condition of licensure, a licensed midwife to
furnish satisfactory evidence of a malpractice insurance policy
of at least $500,000;

(9)  Requires a licensed midwife to present each client with an
informed consent document containing specified information which
must be signed and dated by the client and kept by the midwife in
the client's permanent records;

(10)  Exempts certain emergency medical providers from civil
liability when treating a woman or infant during childbirth as a
consequence of care received from a licensed midwife unless the
act or omission was the result of gross negligence or willful

(11)  Requires a licensed midwife to only practice under a
written collaborative agreement with a licensed physician who has
obstetrical privileges at a nearby hospital.  The collaborating
physician must be immediately available for consultation with the
midwife at all times.  A physician cannot enter into a
collaborative agreement with more than three licensed midwives at
any given time, and a licensed midwife must have a written
emergency transport arrangement with the nearest hospital capable
of handling obstetrical emergencies for every client;

(12)  Specifies certain acts which a licensed midwife is
prohibited from performing;

(13)  Requires a licensed midwife to keep a record of each client
for a minimum of seven years after the delivery and submit a
client summary report for each client to the department on a
biannual basis; and

(14)  Requires every licensed midwife who has entered into an
agreement with a client to file a notice of intent to home
deliver with the Department of Health and Senior Services within
10 days of entering into the agreement and requires the
Department of Health and Senior Services to maintain a permanent
database of all home deliveries done under the care of a licensed
midwife which must be made available to the public.

Anyone who violates the provisions of the bill will be guilty of
a class A misdemeanor.

Copyright (c) Missouri House of Representatives

Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:18 pm