1.1                          A bill for an act 
  1.2             relating to health; modifying midwifery requirements; 
  1.3             amending Minnesota Statutes 1999 Supplement, sections 
  1.4             147D.03, subdivisions 1 and 2; 147D.11; 147D.17, 
  1.5             subdivision 1, and by adding a subdivision; and 
  1.6             147D.25, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.9   147D.03, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [GENERAL.] Within the meaning of sections 
  1.11  147D.01 to 147D.27, a person who shall publicly profess to be a 
  1.12  traditional midwife and who, for a fee, shall assist or attend 
  1.13  to a woman in pregnancy, childbirth outside a hospital in the 
  1.14  woman's home, and postpartum, shall be regarded as practicing 
  1.15  traditional midwifery.  
  1.16     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.17  147D.03, subdivision 2, is amended to read: 
  1.18     Subd. 2.  [SCOPE OF PRACTICE.] The practice of traditional 
  1.19  midwifery includes, but is not limited to: 
  1.20     (1) initial and ongoing assessment for suitability of 
  1.21  traditional midwifery care; 
  1.22     (2) providing prenatal education and coordinating with a 
  1.23  licensed health care provider as necessary to provide 
  1.24  comprehensive prenatal care, including the routine monitoring of 
  1.25  vital signs, indicators of fetal developments, and laboratory 
  1.26  tests, as needed, with attention to the physical, nutritional, 
  2.1   and emotional needs of the woman and her family; 
  2.2      (3) attending and supporting the natural process of labor 
  2.3   and birth in the woman's home; 
  2.4      (4) postpartum care of the mother and an initial assessment 
  2.5   of the newborn; and 
  2.6      (5) providing information and referrals to community 
  2.7   resources on childbirth preparation, breast-feeding, exercise, 
  2.8   nutrition, parenting, and care of the newborn. 
  2.9      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.10  147D.11, is amended to read: 
  2.11     147D.11 [MEDICAL CONSULTATION PLAN AND AGREEMENT.] 
  2.12     (a) To be eligible for licensure as a traditional midwife, 
  2.13  an applicant must develop a medical consultation plan, including 
  2.14  an emergency plan.  The plan must describe guidelines and under 
  2.15  what conditions the plan is to be implemented for: 
  2.16     (1) consultation with a licensed health care 
  2.17  provider according to paragraph (c); 
  2.18     (2) the transfer of care to a licensed health care 
  2.19  provider; and 
  2.20     (3) immediate transport to a hospital. 
  2.21     (b) The conditions requiring the implementation of the 
  2.22  medical consultation plan must meet at a minimum the conditions 
  2.23  established by the Minnesota Midwives Guild in the Standards of 
  2.24  Care and Certification Guide, the most current edition. 
  2.25     (c) An applicant must have a written consultation agreement 
  2.26  with a physician who is licensed under chapter 147 or a nurse 
  2.27  who is licensed under chapter 148 and certified as a nurse 
  2.28  midwife. 
  2.29     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  2.30  147D.17, subdivision 1, is amended to read: 
  2.31     Subdivision 1.  [GENERAL REQUIREMENTS FOR LICENSURE.] (a) 
  2.32  No person shall engage in traditional midwifery services unless 
  2.33  the person is licensed according to sections 147D.17 to 147D.21. 
  2.34     (b) To be eligible for licensure, an applicant, with the 
  2.35  exception of those seeking licensure by reciprocity under 
  2.36  subdivision 2, must: 
  3.1      (1) submit a completed application on forms provided by the 
  3.2   board along with all fees required under section 147D.27 that 
  3.3   includes: 
  3.4      (i) the applicant's name, social security number, home 
  3.5   address and telephone number, and business address and telephone 
  3.6   number; 
  3.7      (ii) a list of degrees received from educational 
  3.8   institutions; 
  3.9      (iii) a description of the applicant's professional 
  3.10  training; 
  3.11     (iv) a list of registrations, certifications, and licenses 
  3.12  held in other jurisdictions; 
  3.13     (v) a description of any other jurisdiction's refusal to 
  3.14  credential the applicant; 
  3.15     (vi) a description of all professional disciplinary actions 
  3.16  initiated against the applicant in any jurisdiction; and 
  3.17     (vii) any history of drug or alcohol abuse, and any 
  3.18  misdemeanor or felony conviction; 
  3.19     (2) submit a diploma from an approved education program or 
  3.20  submit evidence of having completed an apprenticeship; 
  3.21     (3) submit a verified copy of a valid and current 
  3.22  credential, issued by the North American Registry of Midwives or 
  3.23  other national organization recommended by the advisory council 
  3.24  and approved by the board, as a certified professional midwife; 
  3.25     (4) submit current certification from the American Heart 
  3.26  Association or the American Red Cross for adult and infant 
  3.27  cardiopulmonary resuscitation; 
  3.28     (5) submit a copy of the applicant's medical consultation 
  3.29  plan and agreement; 
  3.30     (6) submit documentation verifying that the applicant has 
  3.31  the following practical experience through an apprenticeship or 
  3.32  other supervisory setting: 
  3.33     (i) the provision of 75 prenatal examinations, including 20 
  3.34  initial examinations; 
  3.35     (ii) supervised participation in 20 births, ten of which 
  3.36  must be in a home setting; 
  4.1      (iii) participation as the primary birth attendant under 
  4.2   the supervision of a licensed traditional midwife at an 
  4.3   additional 20 births, ten of which must have occurred outside a 
  4.4   state licensed health care facility; 
  4.5      (iv) 20 newborn examinations; and 
  4.6      (v) 40 postpartum examinations; 
  4.7      (7) submit additional information as requested by the 
  4.8   board, including any additional information necessary to ensure 
  4.9   that the applicant is able to practice with reasonable skill and 
  4.10  safety to the public; 
  4.11     (8) sign a statement that the information in the 
  4.12  application is true and correct to the best of the applicant's 
  4.13  knowledge and belief; and 
  4.14     (9) sign a waiver authorizing the board to obtain access to 
  4.15  the applicant's records in this or any other state in which the 
  4.16  applicant has completed an approved education program or engaged 
  4.17  in the practice of traditional midwifery. 
  4.18     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  4.19  147D.17, is amended by adding a subdivision to read: 
  4.20     Subd. 14.  [REPORTING REQUIREMENT.] During the first year 
  4.21  of licensure, a licensed traditional midwife must file quarterly 
  4.22  reports on a form prescribed by the board regarding services 
  4.23  provided.  The reports must be filed with the board and the 
  4.24  advisory council for review. 
  4.25     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  4.26  147D.25, subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [MEMBERSHIP.] The board shall appoint a 
  4.28  five-member nine-member advisory council on licensed traditional 
  4.29  midwifery.  One member shall be a licensed physician who has 
  4.30  been or is currently consulting with licensed traditional 
  4.31  midwives, appointed from a list of names submitted to the board 
  4.32  by the Minnesota Medical Association.  One member shall be a 
  4.33  licensed physician who practices in the specialty of obstetrics 
  4.34  and gynecology appointed from a list of names submitted to the 
  4.35  board by the Minnesota Medical Association.  Three members shall 
  4.36  be licensed traditional midwives appointed from a list of names 
  5.1   submitted to the board by Midwifery Now.  One member shall be a 
  5.2   licensed nurse who is certified as a nurse midwife appointed 
  5.3   from a list of names submitted to the board by the Minnesota 
  5.4   Nurses Association.  One member shall be a homebirth 
  5.5   parent appointed from a list of names submitted to the board by 
  5.6   Minnesota Families for Midwifery.  Two members shall be members 
  5.7   of the public.