1.1 	A bill for an act
1.2 	relating to health; establishing certified midwife licensure by the Board of Nursing; 
1.3 	providing criminal penalties;amending Minnesota Statutes 2022, sections 147D.03, 
1.4 	subdivision 1; 148.241; 151.01, subdivision 23, as amended; 152.12, subdivision 
1.5 	1; 256B.0625, by adding a subdivision; proposing coding for new law as Minnesota 
1.6 	Statutes, chapter 148G.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2022, section 147D.03, subdivision 1, is amended to read:
1.9 		Subdivision 1.General. Within the meaning of sections 147D.01 to 147D.27, a person 
1.10 	who shall publicly profess to be a traditional midwife and who, for a fee, shall assist or 
1.11 	attend to a woman in pregnancy, childbirth outside a hospital, and postpartum, shall be 
1.12 	regarded as practicing traditional midwifery. A certified midwife licensed by the Board of 
1.13 	Nursing under chapter 148G is not subject to the provisions of this chapter.

1.14 	Sec. 2. Minnesota Statutes 2022, section 148.241, is amended to read:
1.15 	148.241 EXPENSES.
1.16 		Subdivision 1.Appropriation. The expenses of administering sections 148.171 to 
1.17 	148.285and chapter 148G shall be paid from the appropriation made to the Minnesota 
1.18 	Board of Nursing.
1.19 		Subd. 2.Expenditure. All amounts appropriated to the board shall be held subject to 
1.20 	the order of the board to be used only for the purpose of meeting necessary expenses incurred 
1.21 	in the performance of the purposes of sections 148.171 to 148.285 and chapter 148G, and 
1.22 	the duties imposed thereby as well as the promotion of nursing or certified midwifery 
1.23 	education and standards of nursing or certified midwifery care in this state.

2.1 	Sec. 3. [148G.01] TITLE.
2.2 	This chapter shall be referred to as the Minnesota Certified Midwife Practice Act.

2.3 	Sec. 4. [148G.02] SCOPE.
2.4 	This chapter applies to all applicants and licensees, all persons who use the title certified 
2.5 	midwife, and all persons in or out of this state who provide certified midwifery services to 
2.6 	patients who reside in this state, unless there are specific applicable exemptions provided 
2.7 	by law.

2.8 	Sec. 5. [148G.03] DEFINITIONS.
2.9 		Subdivision 1.Scope. For purposes of this chapter, the definitions in this section have 
2.10 	the meanings given.
2.11 		Subd. 2.Board. "Board" means the Minnesota Board of Nursing.
2.12 		Subd. 3.Certification. "Certification" means the formal recognition by the American 
2.13 	Midwifery Certification Board of the knowledge, skills, and experience demonstrated by 
2.14 	the achievement of standards identified by the American College of Nurse Midwives or any 
2.15 	successor organization.
2.16 		Subd. 4.Certified midwife. "Certified midwife" means an individual who holds a current 
2.17 	and valid national certification as a certified midwife from the American Midwifery 
2.18 	Certification Board or any successor organization, and who is licensed by the board under 
2.19 	this chapter.
2.20 		Subd. 5.Certified midwifery practice. "Certified midwifery practice" means:
2.21 	(1) managing, diagnosing, and treating women's primary health care, including pregnancy, 
2.22 	childbirth, postpartum period, care of the newborn, family planning, partner care management 
2.23 	relating to sexual health, and gynecological care of women across the life span;
2.24 	(2) ordering, performing, supervising, and interpreting diagnostic studies within the 
2.25 	scope of certified midwifery practice, excluding interpreting computed tomography scans, 
2.26 	magnetic resonance imaging scans, positron emission tomography scans, nuclear scans, and 
2.27 	mammography;
2.28 	(3) prescribing pharmacologic and nonpharmacologic therapies appropriate to midwifery 
2.29 	practice;
2.30 	(4) consulting with, collaborating with, or referring to other health care providers as 
2.31 	warranted by the needs of the patient; and
3.1 	(5) performing the role of educator in the theory and practice of midwifery.
3.2 		Subd. 6.Collaborating. "Collaborating" means the process in which two or more health 
3.3 	care professionals work together to meet the health care needs of a patient, as warranted by 
3.4 	the needs of the patient.
3.5 		Subd. 7.Consulting. "Consulting" means the process in which a certified midwife who 
3.6 	maintains primary management responsibility for a patient's care seeks advice or opinion 
3.7 	of a physician, an advanced practice registered nurse, or another member of the health care 
3.8 	team.
3.9 		Subd. 8.Encumbered. "Encumbered" means: (1) a license or other credential that is 
3.10 	revoked, suspended, or contains limitations on the full and unrestricted practice of certified 
3.11 	midwifery when the revocation, suspension, or limitation is imposed by a state licensing 
3.12 	board or other state regulatory entity; or (2) a license or other credential that is voluntarily 
3.13 	surrendered.
3.14 		Subd. 9.Licensure period. "Licensure period" means the interval of time during which 
3.15 	the certified midwife is authorized to engage in certified midwifery. The initial licensure 
3.16 	period is from six to 29 full calendar months starting on the day of licensure and ending on 
3.17 	the last day of the certified midwife's month of birth in an even-numbered year if the year 
3.18 	of birth is an even-numbered year, or in an odd-numbered year if the year of birth is in an 
3.19 	odd-numbered year. Subsequent licensure renewal periods are 24 months. For licensure 
3.20 	renewal, the period starts on the first day of the month following expiration of the previous 
3.21 	licensure period. The period ends the last day of the certified midwife's month of birth in 
3.22 	an even- or odd-numbered year according to the certified midwife's year of birth.
3.23 		Subd. 10.Licensed practitioner. "Licensed practitioner" means a physician licensed 
3.24 	under chapter 147, an advanced practice registered nurse licensed under sections 148.171 
3.25 	to 148.235, or a certified midwife licensed under this chapter.
3.26 		Subd. 11.Midwifery education program. "Midwifery education program" means a 
3.27 	university or college that provides a program of theory and practice that leads to the 
3.28 	preparation and eligibility for certification in midwifery and is accredited  by the Accreditation 
3.29 	Commission for Midwifery Education or any successor organization recognized by the 
3.30 	United States Department of Education or the Council for Higher Education Accreditation.
3.31 		Subd. 12.Patient. "Patient" means a recipient of care provided by a certified midwife, 
3.32 	including an individual, family, group, or community.
4.1 		Subd. 13.Prescribing. "Prescribing" means the act of generating a prescription for the 
4.2 	preparation of, use of, or manner of using a drug or therapeutic device under section 148G.09. 
4.3 	Prescribing does not include recommending the use of a drug or therapeutic device that is 
4.4 	not required by the federal Food and Drug Administration to meet the labeling requirements 
4.5 	for prescription drugs and devices.
4.6 		Subd. 14.Prescription. "Prescription" means a written direction or an oral direction 
4.7 	reduced to writing provided to or for a patient for the preparation or use of a drug or 
4.8 	therapeutic device. The requirements of section 151.01, subdivisions 16, 16a, and 16b, apply 
4.9 	to prescriptions for drugs.
4.10 		Subd. 15.Referral. "Referral" means the process in which a certified midwife directs 
4.11 	a patient to a physician or another health care professional for management of a particular 
4.12 	problem or aspect of the patient's care.
4.13 		Subd. 16.Supervision. "Supervision" means monitoring and establishing the initial 
4.14 	direction, setting expectations, directing activities and courses of action, evaluating, and 
4.15 	changing a course of action in certified midwifery care.

4.16 	Sec. 6. [148G.04] CERTIFIED MIDWIFE LICENSING.
4.17 		Subdivision 1.Licensure. (a) No person shall practice as a certified midwife or serve 
4.18 	as the faculty of record for clinical instruction in a midwifery distance learning program 
4.19 	unless the certified midwife is licensed by the board under this chapter.
4.20 	(b) An applicant for a license to practice as a certified midwife must apply to the board 
4.21 	in a format prescribed by the board and pay a fee in an amount determined under section 
4.22 	148G.11.
4.23 	(c) To be eligible for licensure, an applicant must:
4.24 	(1) not hold an encumbered license or other credential as a certified midwife or equivalent 
4.25 	professional designation in any state or territory;
4.26 	(2) hold a current and valid certification as a certified midwife from the American 
4.27 	Midwifery Certification Board or any successor organization acceptable to the board and 
4.28 	provide primary source verification of certification to the board in a format prescribed by 
4.29 	the board;
4.30 	(3) have completed a graduate level midwifery program that includes clinical experience, 
4.31 	is accredited by the Accreditation Commission for Midwifery Education or any successor 
4.32 	organization recognized by the United States Department of Education or the Council for 
5.1 	Higher Education Accreditation, and leads to a graduate degree. The applicant must submit 
5.2 	primary source verification of program completion to the board in a format prescribed by 
5.3 	the board. The primary source verification must verify the applicant completed three separate 
5.4 	graduate-level courses in physiology and pathophysiology; advanced health assessment; 
5.5 	and advanced pharmacology, including pharmacodynamics, pharmacokinetics, and 
5.6 	pharmacotherapeutics of all broad categories of agents;
5.7 	(4) report any criminal conviction, nolo contendere plea, Alford plea, or other plea 
5.8 	arrangement in lieu of conviction; and
5.9 	(5) not have committed any acts or omissions that are grounds for disciplinary action in 
5.10 	another jurisdiction or, if these acts were committed and would be grounds for disciplinary 
5.11 	action as set forth in section 148G.13, the board has found after an investigation that sufficient 
5.12 	remediation was made.
5.13 		Subd. 2.Clinical practice component. If more than five years have elapsed since the 
5.14 	applicant has practiced in the certified midwife role, the applicant must complete a 
5.15 	reorientation plan as a certified midwife. The plan must include supervision during the 
5.16 	clinical component by a licensed practitioner with experience in providing care to patients 
5.17 	with the same or similar health care needs. The applicant must submit the plan and the name 
5.18 	of the practitioner to the board. The plan must include a minimum of 500 hours of supervised 
5.19 	certified midwifery practice. The certified midwife must submit verification of completion 
5.20 	of the clinical reorientation to the board when the reorientation is complete.

5.21 	Sec. 7. [148G.05] LICENSURE RENEWAL; RELICENSURE.
5.22 		Subdivision 1.Renewal; current applicants. (a) A certified midwife must apply for 
5.23 	renewal of the certified midwife's license before the certified midwife's licensure period 
5.24 	ends. To be considered timely, the board must receive the certified midwife's application 
5.25 	on or before the last day of the certified midwife's licensure period. A certified midwife's 
5.26 	license lapses if the certified midwife's application is untimely.
5.27 	(b) An applicant for certified midwifery renewal must provide the board evidence of 
5.28 	current certification or recertification as a certified midwife by the American Midwifery 
5.29 	Certification Board or any successor organization.
5.30 	(c) An applicant for certified midwifery renewal must submit to the board the fee under 
5.31 	section 148G.11, subdivision 2.
5.32 		Subd. 2.Clinical practice component. If more than five years have elapsed since the 
5.33 	applicant has practiced as a certified midwife, the applicant must complete a reorientation 
6.1 	plan as a certified midwife. The plan must include supervision during the clinical component 
6.2 	by a licensed practitioner with experience in providing care to patients with the same or 
6.3 	similar health care needs. The licensee must submit the plan and the name of the practitioner 
6.4 	to the board. The plan must include a minimum of 500 hours of supervised certified 
6.5 	midwifery practice. The certified midwife must submit verification of completion of the 
6.6 	clinical reorientation to the board when the reorientation is complete.
6.7 		Subd. 3.Relicensure; lapsed applicants. A person whose license has lapsed desiring 
6.8 	to resume practice as a certified midwife must apply for relicensure, submit to the board 
6.9 	satisfactory evidence of compliance with the procedures and requirements established by 
6.10 	the board, and pay the board the relicensure fee under section 148G.11, subdivision 4, for 
6.11 	the current period. A penalty fee under section 148G.11, subdivision 3, is required from a 
6.12 	person who practiced certified midwifery without current licensure. The board must relicense 
6.13 	a person who meets the requirements of this subdivision.

6.14 	Sec. 8. [148G.06] FAILURE OR REFUSAL TO PROVIDE INFORMATION.
6.15 		Subdivision 1.Notification requirement. An individual licensed as a certified midwife 
6.16 	must notify the board when the individual renews their certification. If a licensee fails to 
6.17 	provide notification, the licensee is prohibited from practicing as a certified midwife.
6.18 		Subd. 2.Denial of license. Refusal of an applicant to supply information necessary to 
6.19 	determine the applicant's qualifications, failure to demonstrate qualifications, or failure to 
6.20 	satisfy the requirements for a license contained in this chapter or rules of the board may 
6.21 	result in denial of a license. The burden of proof is upon the applicant to demonstrate the 
6.22 	qualifications and satisfaction of the requirements.

6.23 	Sec. 9. [148G.07] NAME CHANGE AND CHANGE OF ADDRESS.
6.24 	A certified midwife must maintain a current name and address with the board and must 
6.25 	notify the board in writing within 30 days of any change in name or address. All notices or 
6.26 	other correspondence mailed to or served upon a certified midwife by the board at the 
6.27 	licensee's address on file with the board are considered received by the licensee.

6.28 	Sec. 10. [148G.08] IDENTIFICATION OF CERTIFIED MIDWIVES.
6.29 	Only those persons who hold a current license to practice certified midwifery in this 
6.30 	state may use the title of certified midwife. A certified midwife licensed by the board must 
6.31 	use the designation of CM for professional identification and in documentation of services 
6.32 	provided.

7.1 	Sec. 11. [148G.09] PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
7.2 		Subdivision 1.Diagnosing, prescribing, and ordering. Certified midwives, within the 
7.3 	scope of certified midwifery practice, are authorized to:
7.4 	(1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies 
7.5 	and providers;
7.6 	(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter, legend, 
7.7 	and controlled substances, including sample drugs; and
7.8 	(3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable 
7.9 	medical devices and equipment, nutrition, diagnostic services, and supportive services, 
7.10 	including but not limited to home health care, physical therapy, and occupational therapy.
7.11 		Subd. 2.Drug Enforcement Administration requirements. (a) Certified midwives 
7.12 	must:
7.13 	(1) comply with federal Drug Enforcement Administration (DEA) requirements related 
7.14 	to controlled substances; and
7.15 	(2) file the certified midwife's DEA registrations and numbers with the board, if any.
7.16 	(b) The board must maintain current records of all certified midwives with DEA 
7.17 	registration and numbers.

7.18 	Sec. 12. [148G.10] FEES.
7.19 	The fees specified in section 148G.11 are nonrefundable and must be deposited in the 
7.20 	state government special revenue fund.

7.21 	Sec. 13. [148G.11] FEE AMOUNTS.
7.22 		Subdivision 1.Licensure. The fee for licensure is $........
7.23 		Subd. 2.Renewal. The fee for licensure renewal is $........
7.24 		Subd. 3.Practicing without current certification. The penalty fee for a person who 
7.25 	practices certified midwifery without a current certification or recertification, or who practices 
7.26 	certified midwifery without current certification or recertification on file with the board, is 
7.27 	$200 for the first month or part of a month and an additional $100 for each subsequent 
7.28 	month or parts of months of practice. The penalty fee must be calculated from the first day 
7.29 	the certified midwife practiced without a current certified midwife license and certification 
7.30 	to the last day of practice without a current license and certification, or from the first day 
8.1 	the certified midwife practiced without a current license and certification on file with the 
8.2 	board until the day the current license and certification is filed with the board.
8.3 		Subd. 4.Relicensure. The fee for relicensure is $........ The fee for practicing without 
8.4 	current licensure is two times the amount of the current renewal fee for any part of the first 
8.5 	calendar month, plus the current renewal fee for any part of each subsequent month up to 
8.6 	24 months.
8.7 		Subd. 5.Dishonored check fee. The service fee for a dishonored check is as provided 
8.8 	in section 604.113.

8.9 	Sec. 14. [148G.12] APPROVED MIDWIFERY EDUCATION PROGRAM.
8.10 		Subdivision 1.Initial approval. An institution desiring to conduct a certified midwifery 
8.11 	program must submit evidence to the board that the institution is prepared to:
8.12 	(1) provide a program of theory and practice in certified midwifery leading to eligibility 
8.13 	for certification in midwifery;
8.14 	(2) achieve preaccreditation and eventual full accreditation by the American Commission 
8.15 	for Midwifery Education or any successor organization recognized by the United States 
8.16 	Department of Education or the Council for Higher Education Accreditation. Instruction 
8.17 	and required experience may be obtained in one or more institutions or agencies outside 
8.18 	the applying institution if the program retains accountability for all clinical and nonclinical 
8.19 	teaching; and
8.20 	(3) meet other standards established by law and by the board.
8.21 		Subd. 2.Continuing approval. The board must, through the board's representative, 
8.22 	annually survey all midwifery programs in the state for current accreditation status by the 
8.23 	American Commission for Midwifery Education or any successor organization recognized 
8.24 	by the United States Department of Education or the Council for Higher Education 
8.25 	Accreditation. If the results of the survey show that a certified midwifery program meets 
8.26 	all standards for continuing accreditation, the board must continue approval of the certified 
8.27 	midwifery program.
8.28 		Subd. 3.Loss of approval. If the board determines that an accredited certified midwifery 
8.29 	program is not maintaining the standards required by the American Commission on 
8.30 	Midwifery Education or any successor organization, the board must obtain  the defect in 
8.31 	writing from the accrediting body. If a program fails to correct the defect to the satisfaction 
8.32 	of the accrediting body and the accrediting body revokes the program's accreditation, the 
8.33 	board must remove the program from the list of approved certified midwifery programs.
9.1 		Subd. 4.Reinstatement of approval. The board must reinstate approval of a certified 
9.2 	midwifery program upon submission of satisfactory evidence that the certified midwifery's 
9.3 	program of theory and practice meets the standards required by the accrediting body.

9.4 	Sec. 15. [148G.13] GROUNDS FOR DISCIPLINARY ACTION.
9.5 		Subdivision 1.Grounds listed. The board may deny, revoke, suspend, limit, or condition 
9.6 	the license of any person to practice certified midwifery under this chapter or otherwise 
9.7 	discipline a licensee or applicant as described in section 148G.14. The following are grounds 
9.8 	for disciplinary action:
9.9 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
9.10 	contained in this chapter or rules of the board. In the case of a person applying for a license, 
9.11 	the burden of proof is upon the applicant to demonstrate the qualifications or satisfaction 
9.12 	of the requirements;
9.13 	(2) employing fraud or deceit in procuring or attempting to procure a license to practice 
9.14 	certified midwifery;
9.15 	(3) conviction of a felony or gross misdemeanor reasonably related to the practice of 
9.16 	certified midwifery. Conviction, as used in this subdivision, includes a conviction of an 
9.17 	offense that if committed in this state would be considered a felony or gross misdemeanor 
9.18 	without regard to its designation elsewhere, or a criminal proceeding where a finding or 
9.19 	verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not 
9.20 	entered;
9.21 	(4) revocation, suspension, limitation, conditioning, or other disciplinary action against 
9.22 	the person's certified midwife credential in another state, territory, or country; failure to 
9.23 	report to the board that charges regarding the person's certified midwifery license, 
9.24 	certification, or other credential are pending in another state, territory, or country; or failure 
9.25 	to report to the board having been refused a license or other credential by another state, 
9.26 	territory, or country;
9.27 	(5) failure or inability to practice as a certified midwife with reasonable skill and safety, 
9.28 	or departure from or failure to conform to standards of acceptable and prevailing certified 
9.29 	midwifery, including failure of a certified midwife to adequately supervise or monitor the 
9.30 	performance of acts by any person working at the certified midwife's direction;
9.31 	(6) engaging in unprofessional conduct, including but not limited to a departure from 
9.32 	or failure to conform to statutes relating to certified midwifery practice or to the minimal 
9.33 	standards of acceptable and prevailing certified midwifery practice, or in any certified 
10.1 	midwifery practice that may create unnecessary danger to a patient's life, health, or safety. 
10.2 	Actual injury to a patient need not be established under this clause;
10.3 	(7) supervision or accepting the supervision of a midwifery function or a prescribed 
10.4 	health care function when the acceptance could reasonably be expected to result in unsafe 
10.5 	or ineffective patient care;
10.6 	(8) actual or potential inability to practice certified midwifery with reasonable skill and 
10.7 	safety to patients by reason of illness; use of alcohol, drugs, chemicals, or any other material; 
10.8 	or as a result of any mental or physical condition;
10.9 	(9) adjudication as mentally incompetent, mentally ill, a chemically dependent person, 
10.10 	or a person dangerous to the public by a court of competent jurisdiction, within or outside 
10.11 	of this state;
10.12 	(10) engaging in any unethical conduct, including but not limited to conduct likely to 
10.13 	deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for 
10.14 	the health, welfare, or safety of a patient. Actual injury need not be established under this 
10.15 	clause;
10.16 	(11) engaging in conduct with a patient that is sexual or may reasonably be interpreted 
10.17 	by the patient as sexual, in any verbal behavior that is seductive or sexually demeaning to 
10.18 	a patient, or in sexual exploitation of a patient or former patient;
10.19 	(12) obtaining money, property, or services from a patient, other than reasonable fees 
10.20 	for services provided to the patient, through the use of undue influence, harassment, duress, 
10.21 	deception, or fraud;
10.22 	(13) revealing a privileged communication from or relating to a patient except when 
10.23 	otherwise required or permitted by law;
10.24 	(14) engaging in abusive or fraudulent billing practices, including violations of federal 
10.25 	Medicare and Medicaid laws or state medical assistance laws;
10.26 	(15) improper management of patient records, including failure to maintain adequate 
10.27 	patient records, to comply with a patient's request made pursuant to sections 144.291 to 
10.28 	144.298, or to furnish a patient record or report required by law;
10.29 	(16) knowingly aiding, assisting, advising, or allowing an unlicensed person to engage 
10.30 	in the unlawful practice of certified midwifery;
11.1 	(17) violating a rule adopted by the board, an order of the board, or a state or federal 
11.2 	law relating to the practice of certified midwifery, or a state or federal narcotics or controlled 
11.3 	substance law;
11.4 	(18) knowingly providing false or misleading information to a patient that is directly 
11.5 	related to the care of that patient unless done for an accepted therapeutic purpose such as 
11.6 	the administration of a placebo;
11.7 	(19) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
11.8 	established by any of the following:
11.9 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation 
11.10 	of section 609.215, subdivision 1 or 2;
11.11 	(ii) a copy of the record of a judgment of contempt of court for violating an injunction 
11.12 	issued under section 609.215, subdivision 4;
11.13 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
11.14 	subdivision 5; or
11.15 	(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2. 
11.16 	The board must investigate any complaint of a violation of section 609.215, subdivision 1 
11.17 	or 2;
11.18 	(20) practicing outside the scope of certified midwifery practice as defined under section 
11.19 	148G.03, subdivision 5;
11.20 	(21) making a false statement or knowingly providing false information to the board, 
11.21 	failing to make reports as required by section 148G.15, or failing to cooperate with an 
11.22 	investigation of the board as required by section 148G.17;
11.23 	(22) engaging in false, fraudulent, deceptive, or misleading advertising;
11.24 	(23) failure to inform the board of the person's certification or recertification status as 
11.25 	a certified midwife;
11.26 	(24) engaging in certified midwifery practice without a license and current certification 
11.27 	or recertification by the American Midwifery Certification Board or any successor 
11.28 	organization; or
11.29 	(25) failure to maintain appropriate professional boundaries with a patient. A certified 
11.30 	midwife must not engage in practices that create an unacceptable risk of patient harm or of 
11.31 	the impairment of a certified midwife's objectivity or professional judgment. A certified 
11.32 	midwife must not act or fail to act in a way that, as judged by a reasonable and prudent 
12.1 	certified midwife, inappropriately encourages the patient to relate to the certified midwife 
12.2 	outside of the boundaries of the professional relationship, or in a way that interferes with 
12.3 	the patient's ability to benefit from certified midwife services. A certified midwife must not 
12.4 	use the professional relationship with a patient, student, supervisee, or intern to further the 
12.5 	certified midwife's personal, emotional, financial, sexual, religious, political, or business 
12.6 	benefit or interests.
12.7 		Subd. 2.Conviction of a felony-level criminal sexual offense. (a) Except as provided 
12.8 	in paragraph (e), the board must not grant or renew a license to practice certified midwifery 
12.9 	to any person who has been convicted on or after August 1, 2014, of any of the provisions 
12.10 	of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1, paragraphs 
12.11 	(c) to (o); or 609.345, subdivision 1, paragraphs (c) to (o); or a similar statute in another 
12.12 	jurisdiction.
12.13 	(b) A license to practice certified midwifery is automatically revoked if the licensee is 
12.14 	convicted of an offense listed in paragraph (a).
12.15 	(c) A license to practice certified midwifery that has been denied or revoked under this 
12.16 	subdivision is not subject to chapter 364.
12.17 	(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of 
12.18 	guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or 
12.19 	execution of the sentence and final disposition of the case is accomplished at a nonfelony 
12.20 	level.
12.21 	(e) The board may establish criteria whereby an individual convicted of an offense listed 
12.22 	in paragraph (a) may become licensed if the criteria:
12.23 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
12.24 	(2) provide a standard for overcoming the presumption; and
12.25 	(3) require that a minimum of ten years has elapsed since the applicant's sentence was 
12.26 	discharged.
12.27 	(f) The board must not consider an application under paragraph (e) if the board determines 
12.28 	that the victim involved in the offense was a patient or a client of the applicant at the time 
12.29 	of the offense.
12.30 		Subd. 3.Evidence. In disciplinary actions alleging a violation of subdivision 1, clause 
12.31 	(3) or (4), or subdivision 2, a copy of the judgment or proceeding under the seal of the court 
12.32 	administrator or of the administrative agency that entered the same is admissible into evidence 
12.33 	without further authentication and constitutes prima facie evidence of the violation concerned.
13.1 		Subd. 4.Examination; access to medical data. (a) If the board has probable cause to 
13.2 	believe that grounds for disciplinary action exist under subdivision 1, clause (8) or (9), it 
13.3 	may direct the applicant or certified midwife to submit to a mental or physical examination 
13.4 	or chemical dependency evaluation. For the purpose of this subdivision, when a certified 
13.5 	midwife licensed under this chapter is directed in writing by the board to submit to a mental 
13.6 	or physical examination or chemical dependency evaluation, that person is considered to 
13.7 	have consented and to have waived all objections to admissibility on the grounds of privilege. 
13.8 	Failure of the applicant or certified midwife to submit to an examination when directed 
13.9 	constitutes an admission of the allegations against the applicant or certified midwife, unless 
13.10 	the failure was due to circumstances beyond the person's control, and the board may enter 
13.11 	a default and final order without taking testimony or allowing evidence to be presented. A 
13.12 	certified midwife affected under this paragraph must, at reasonable intervals, be given an 
13.13 	opportunity to demonstrate that the competent practice of certified midwifery can be resumed 
13.14 	with reasonable skill and safety to patients. Neither the record of proceedings nor the orders 
13.15 	entered by the board in a proceeding under this paragraph may be used against a certified 
13.16 	midwife in any other proceeding.
13.17 	(b) Notwithstanding sections 13.384, 144.651, and 595.02, or any other law limiting 
13.18 	access to medical or other health data, the board may obtain medical data and health records 
13.19 	relating to a certified midwife or applicant for a license without that person's consent if the 
13.20 	board has probable cause to believe that grounds for disciplinary action exist under 
13.21 	subdivision 1, clause (8) or (9). The medical data may be requested from a provider, as 
13.22 	defined in section 144.291, subdivision 2, paragraph (h); an insurance company; or a 
13.23 	government agency, including the Department of Human Services. A provider, insurance 
13.24 	company, or government agency must comply with any written request of the board under 
13.25 	this subdivision and is not liable in any action for damages for releasing the data requested 
13.26 	by the board if the data are released pursuant to a written request under this subdivision, 
13.27 	unless the information is false and the provider giving the information knew or had reason 
13.28 	to believe the information was false. Information obtained under this subdivision is classified 
13.29 	as private data on individuals as defined in section 13.02.

13.30 	Sec. 16. [148G.14] FORMS OF DISCIPLINARY ACTION; AUTOMATIC 
13.31 	SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.
13.32 		Subdivision 1.Forms of disciplinary action. If the board finds that grounds for 
13.33 	disciplinary action exist under section 148G.13, it may take one or more of the following 
13.34 	actions:
14.1 	(1) deny the license application or licensure renewal;
14.2 	(2) revoke the license;
14.3 	(3) suspend the license;
14.4 	(4) impose limitations on the certified midwife's practice of certified midwifery including 
14.5 	but not limited to limitation of scope of practice or the requirement of practice under 
14.6 	supervision;
14.7 	(5) impose conditions on the retention of the license, including but not limited to the 
14.8 	imposition of retraining or rehabilitation requirements or the conditioning of continued 
14.9 	practice on demonstration of knowledge or skills by appropriate examination, monitoring, 
14.10 	or other review;
14.11 	(6) impose a civil penalty not exceeding $10,000 for each separate violation. The amount 
14.12 	of the civil penalty must be fixed so as to deprive the certified midwife of any economic 
14.13 	advantage gained by reason of the violation charged; to reimburse the board for the cost of 
14.14 	counsel, investigation, and proceeding; and to discourage repeated violations;
14.15 	(7) order the certified midwife to provide unremunerated service;
14.16 	(8) censure or reprimand the certified midwife; or
14.17 	(9) any other action justified by the facts in the case.
14.18 		Subd. 2.Automatic suspension of license. (a) Unless the board orders otherwise, a 
14.19 	license to practice certified midwifery is automatically suspended if:
14.20 	(1) a guardian of a certified midwife is appointed by order of a court under sections 
14.21 	524.5-101 to 524.5-502;
14.22 	(2) the certified midwife is committed by order of a court under chapter 253B; or
14.23 	(3) the certified midwife is determined to be mentally incompetent, mentally ill, 
14.24 	chemically dependent, or a person dangerous to the public by a court of competent 
14.25 	jurisdiction within or outside of this state.
14.26 	(b) The license remains suspended until the certified midwife is restored to capacity by 
14.27 	a court and, upon petition by the certified midwife, the suspension is terminated by the 
14.28 	board after a hearing or upon agreement between the board and the certified midwife.
14.29 		Subd. 3.Temporary suspension of license. In addition to any other remedy provided 
14.30 	by law, the board may, through its designated board member under section 214.10, 
14.31 	subdivision 2, temporarily suspend the license of a certified midwife without a hearing if 
15.1 	the board finds that there is probable cause to believe the certified midwife has violated a 
15.2 	statute or rule the board is empowered to enforce and continued practice by the certified 
15.3 	midwife would create a serious risk of harm to others. The suspension takes effect upon 
15.4 	written notice to the certified midwife, served by first-class mail, specifying the statute or 
15.5 	rule violated. The suspension must remain in effect until the board issues a temporary stay 
15.6 	of suspension or a final order in the matter after a hearing or upon agreement between the 
15.7 	board and the certified midwife. At the time it issues the suspension notice, the board must 
15.8 	schedule a disciplinary hearing to be held under the Administrative Procedure Act. The 
15.9 	board must provide the certified midwife at least 20 days' notice of any hearing held under 
15.10 	this subdivision. The board must schedule the hearing to begin no later than 30 days after 
15.11 	the issuance of the suspension order.
15.12 		Subd. 4.Reissuance. The board may reinstate and reissue a license certificate to practice 
15.13 	certified midwifery, but as a condition may impose any disciplinary or corrective measure 
15.14 	that it might originally have imposed. Any person whose license has been revoked, 
15.15 	suspended, or limited may have the license reinstated and a new license issued when, at the 
15.16 	discretion of the board, the action is warranted, provided that the board must require the 
15.17 	person to pay the costs of the proceedings resulting in the revocation, suspension, or limitation 
15.18 	of the license; the reinstatement of the license; and the fee for the current licensure period. 
15.19 	The cost of proceedings includes but is not limited to the cost paid by the board to the Office 
15.20 	of Administrative Hearings and the Office of the Attorney General for legal and investigative 
15.21 	services; the costs of a court reporter and witnesses, reproduction of records, board staff 
15.22 	time, travel, and expenses; and the costs of board members' per diem reimbursements, travel 
15.23 	costs, and expenses.

15.24 	Sec. 17. [148G.15] REPORTING OBLIGATIONS.
15.25 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
15.26 	constituting grounds for discipline under section 148G.13 may report the alleged violation 
15.27 	to the board.
15.28 		Subd. 2.Institutions. The chief nursing executive or chief administrative officer of any 
15.29 	hospital, clinic, prepaid medical plan, or other health care institution or organization located 
15.30 	in this state must report to the board any action taken by the institution or organization or 
15.31 	any of its administrators or committees to revoke, suspend, limit, or condition a certified 
15.32 	midwife's privilege to practice in the institution, or as part of the organization, any denial 
15.33 	of privileges, any dismissal from employment, or any other disciplinary action. The institution 
15.34 	or organization must also report the resignation of any certified midwife before the conclusion 
16.1 	of any disciplinary proceeding, or before commencement of formal charges, but after the 
16.2 	certified midwife had knowledge that formal charges were contemplated or in preparation. 
16.3 	The reporting described by this subdivision is required only if the action pertains to grounds 
16.4 	for disciplinary action under section 148G.13.
16.5 		Subd. 3.Licensed professionals. A person licensed by a health-related licensing board 
16.6 	as defined in section 214.01, subdivision 2, must report to the board personal knowledge 
16.7 	of any conduct the person reasonably believes constitutes grounds for disciplinary action 
16.8 	under section 148G.13 by any certified midwife, including conduct indicating that the 
16.9 	certified midwife may be incompetent, may have engaged in unprofessional or unethical 
16.10 	conduct, or may be mentally or physically unable to engage safely in the practice of certified 
16.11 	midwifery.
16.12 		Subd. 4.Insurers. (a) By the first day of February, May, August, and November, each 
16.13 	insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), 
16.14 	and providing professional liability insurance to certified midwives must submit to the board 
16.15 	a report concerning any certified midwife against whom a malpractice award has been made 
16.16 	or who has been a party to a settlement. The report must contain at least the following 
16.17 	information:
16.18 	(1) the total number of settlements or awards;
16.19 	(2) the date a settlement or award was made;
16.20 	(3) the allegations contained in the claim or complaint leading to the settlement or award;
16.21 	(4) the dollar amount of each malpractice settlement or award and whether that amount 
16.22 	was paid as a result of a settlement or of an award; and
16.23 	(5) the name and address of the practice of the certified midwife against whom an award 
16.24 	was made or with whom a settlement was made.
16.25 	(b) An insurer must also report to the board any information it possesses that tends to 
16.26 	substantiate a charge that a certified midwife may have engaged in conduct in violation of 
16.27 	this chapter.
16.28 		Subd. 5.Courts. The court administrator of district court or another court of competent 
16.29 	jurisdiction must report to the board any judgment or other determination of the court that 
16.30 	adjudges or includes a finding that a certified midwife is a person who is mentally ill, 
16.31 	mentally incompetent, chemically dependent, dangerous to the public, guilty of a felony or 
16.32 	gross misdemeanor, guilty of a violation of federal or state narcotics laws or controlled 
16.33 	substances act, guilty of operating a motor vehicle while under the influence of alcohol or 
17.1 	a controlled substance, or guilty of an abuse or fraud under Medicare or Medicaid; or if the 
17.2 	court appoints a guardian of the certified midwife under sections 524.5-101 to 524.5-502 
17.3 	or commits a certified midwife under chapter 253B.
17.4 		Subd. 6.Deadlines; forms. Reports required by subdivisions 2 to 5 must be submitted 
17.5 	no later than 30 days after the occurrence of the reportable event or transaction. The board 
17.6 	may provide forms for the submission of reports required by this section, may require that 
17.7 	the reports be submitted on the forms provided, and may adopt rules necessary to ensure 
17.8 	prompt and accurate reporting. The board must review all reports, including those submitted 
17.9 	after the deadline.
17.10 		Subd. 7.Failure to report. Any person, institution, insurer, or organization that fails to 
17.11 	report as required under subdivisions 2 to 6 is subject to civil penalties for failing to report 
17.12 	as required by law.

17.13 	Sec. 18. [148G.16] IMMUNITY.
17.14 		Subdivision 1.Reporting. Any person, health care facility, business, or organization is 
17.15 	immune from civil liability or criminal prosecution for submitting in good faith a report to 
17.16 	the board under section 148G.15 or for otherwise reporting in good faith to the board 
17.17 	violations or alleged violations of this chapter. All such reports are investigative data as 
17.18 	defined in chapter 13.
17.19 		Subd. 2.Investigation. (a) Members of the board and persons employed by the board 
17.20 	or engaged in the investigation of violations and in the preparation and management of 
17.21 	charges of violations of this chapter on behalf of the board, or persons participating in the 
17.22 	investigation or testifying regarding charges of violations, are immune from civil liability 
17.23 	and criminal prosecution for any actions, transactions, or publications in the execution of, 
17.24 	or relating to, their duties under this chapter.
17.25 	(b) Members of the board and persons employed by the board or engaged in maintaining 
17.26 	records and making reports regarding adverse health care events are immune from civil 
17.27 	liability and criminal prosecution for any actions, transactions, or publications in the 
17.28 	execution of, or relating to, their duties under this chapter.

17.29 	Sec. 19. [148G.17] CERTIFIED MIDWIFE COOPERATION.
17.30 	A certified midwife who is the subject of an investigation by or on behalf of the board 
17.31 	must cooperate fully with the investigation. Cooperation includes responding fully and 
17.32 	promptly to any question raised by or on behalf of the board relating to the subject of the 
18.1 	investigation and providing copies of patient or other records in the certified midwife's 
18.2 	possession, as reasonably requested by the board, to assist the board in its investigation and 
18.3 	to appear at conferences and hearings scheduled by the board. The board must pay for copies 
18.4 	requested. If the board does not have written consent from a patient permitting access to 
18.5 	the patient's records, the certified midwife must delete any data in the record that identify 
18.6 	the patient before providing it to the board. The board must maintain any records obtained 
18.7 	pursuant to this section as investigative data under chapter 13. The certified midwife must 
18.8 	not be excused from giving testimony or producing any documents, books, records, or 
18.9 	correspondence on the grounds of self-incrimination, but the testimony or evidence must 
18.10 	not be used against the certified midwife in any criminal case.

18.11 	Sec. 20. [148G.18] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
18.12 	Upon judicial review of any board disciplinary action taken under this chapter, the 
18.13 	reviewing court must seal the administrative record, except for the board's final decision, 
18.14 	and must not make the administrative record available to the public.

18.15 	Sec. 21. [148G.19] EXEMPTIONS.
18.16 	The provisions of this chapter do not prohibit:
18.17 	(1) the furnishing of certified midwifery assistance in an emergency;
18.18 	(2) the practice of certified midwifery by any legally qualified certified midwife of 
18.19 	another state who is employed by the United States government or any bureau, division, or 
18.20 	agency thereof while in the discharge of official duties;
18.21 	(3) the practice of any profession or occupation licensed by the state, other than certified 
18.22 	midwifery, by any person licensed to practice the profession or occupation, or the 
18.23 	performance by a person of any acts properly coming within the scope of the profession, 
18.24 	occupation, or license;
18.25 	(4) the practice of traditional midwifery as specified under section 147D.03;
18.26 	(5) certified midwifery practice by a student practicing under the supervision of an 
18.27 	instructor while the student is enrolled in an approved certified midwifery education program; 
18.28 	or
18.29 	(6) certified midwifery practice by a certified midwife licensed in another state, territory, 
18.30 	or jurisdiction who is in Minnesota temporarily:
18.31 	(i) providing continuing or in-service education;
19.1 	(ii) serving as a guest lecturer;
19.2 	(iii) presenting at a conference; or
19.3 	(iv) teaching didactic content via distance education to a student located in Minnesota 
19.4 	who is enrolled in a formal, structured course of study, such as a course leading to a higher 
19.5 	degree in midwifery.

19.6 	Sec. 22. [148G.20] VIOLATIONS; PENALTY.
19.7 		Subdivision 1.Violations described. It is unlawful for any person, corporation, firm, 
19.8 	or association to:
19.9 	(1) sell or fraudulently obtain or furnish any certified midwifery diploma, license, or 
19.10 	record, or aid or abet therein;
19.11 	(2) practice certified midwifery under cover of any diploma, permit, license certified 
19.12 	midwife credential, or record illegally or fraudulently obtained or signed or issued unlawfully 
19.13 	or under fraudulent representation;
19.14 	(3) practice certified midwifery unless the person is licensed to do so under this chapter;
19.15 	(4) use the professional title certified midwife or licensed certified midwife unless 
19.16 	licensed to practice certified midwifery under this chapter;
19.17 	(5) use any abbreviation or other designation tending to imply licensure as a certified 
19.18 	midwife unless licensed to practice certified midwifery under this chapter;
19.19 	(6) practice certified midwifery in a manner prohibited by the board in any limitation 
19.20 	of a license issued under this chapter;
19.21 	(7) practice certified midwifery during the time a license issued under this section is 
19.22 	suspended or revoked;
19.23 	(8) knowingly employ persons in the practice of certified midwifery who have not been 
19.24 	issued a current license to practice as a certified midwife in this state; or
19.25 	(9) conduct a certified midwifery program for the education of persons to become certified 
19.26 	midwives unless the program has been approved by the board.
19.27 		Subd. 2.Penalty. Any person, corporation, or association violating any provision of 
19.28 	subdivision 1 is guilty of a gross misdemeanor and must be punished according to law.
19.29 		Subd. 3.Penalty; certified midwives. In addition to subdivision 2, a certified midwife 
19.30 	who practices certified midwifery without a current license and certification or recertification, 
19.31 	or without current certification or recertification on file with the board, must pay a penalty 
20.1 	fee of $200 for the first month or part of a month and an additional $100 for each subsequent 
20.2 	month or parts of months of practice. The amount of the penalty fee must be calculated 
20.3 	from the first day the certified midwife practiced without a current certified midwife license 
20.4 	and certification to the last day of practice without a current license and certification, or 
20.5 	from the first day the certified midwife practiced without a current license and certification 
20.6 	on file with the board until the day the current license and certification is filed with the 
20.7 	board.

20.8 	Sec. 23. [148G.21] UNAUTHORIZED PRACTICE OF MIDWIFERY.
20.9 	The practice of certified midwifery by any person who is not licensed to practice certified 
20.10 	midwifery under this chapter, or whose license has been suspended or revoked, or whose 
20.11 	national certification credential has expired, is inimical to the public health and welfare and 
20.12 	constitutes a public nuisance. Upon a complaint being made by the board or any prosecuting 
20.13 	officer, and upon a proper showing of the facts, the district court of the county where such 
20.14 	practice occurred may enjoin such acts and practice. The injunction proceeding is in addition 
20.15 	to, and not in lieu of, all other penalties and remedies provided by law.

20.16 	Sec. 24. Minnesota Statutes 2022, section 151.01, subdivision 23, is amended to read:
20.17 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
20.18 	doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of 
20.19 	dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, licensed 
20.20 	advanced practice registered nurse, licensed certified midwife, or licensed physician assistant. 
20.21 	For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision 
20.22 	3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental 
20.23 	therapist authorized to dispense and administer under chapter 150A. For purposes of sections 
20.24 	151.252, subdivision 3, and 151.461, "practitioner" also means a pharmacist authorized to 
20.25 	prescribe self-administered hormonal contraceptives, nicotine replacement medications, or 
20.26 	opiate antagonists under section 151.37, subdivision 14, 15, or 16.

20.27 	Sec. 25. Minnesota Statutes 2022, section 152.12, subdivision 1, is amended to read:
20.28 		Subdivision 1.Prescribing, dispensing, administering controlled substances in 
20.29 	Schedules II through V. A licensed doctor of medicine, a doctor of osteopathic medicine, 
20.30 	duly licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, 
20.31 	a licensed doctor of podiatry, a licensed advanced practice registered nurse, a licensed 
20.32 	certified midwife, a licensed physician assistant, or a licensed doctor of optometry limited 
20.33 	to Schedules IV and V, and in the course of professional practice only, may prescribe, 
21.1 	administer, and dispense a controlled substance included in Schedules II through V of section 
21.2 	152.02, may cause the same to be administered by a nurse, an intern or an assistant under 
21.3 	the direction and supervision of the doctor, and may cause a person who is an appropriately 
21.4 	certified and licensed health care professional to prescribe and administer the same within 
21.5 	the expressed legal scope of the person's practice as defined in Minnesota Statutes.

21.6 	Sec. 26. Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision 
21.7 	to read:
21.8 		Subd. 28c.Certified midwifery practice services. Medical assistance covers services 
21.9 	performed by a licensed certified midwife if:
21.10 	(1) the service provided on an inpatient basis is not included as part of the cost for 
21.11 	inpatient services included in the facility payment;
21.12 	(2) the service is otherwise covered under this chapter as a physician service; and
21.13 	(3) the service is within the scope of practice of the certified midwife's license as defined 
21.14 	under chapter 148G.