467.001 – Short Title.

467.001 Short title.—This chapter shall be known and may be cited as the “Midwifery Practice Act.” History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; s. 19, ch. 92-179; s. 79, ch. 2001-62.

467.002 – Legislative Intent.

467.002 Legislative intent.—The Legislature recognizes the need for a person to have the freedom to choose the manner, cost, and setting for giving birth. The Legislature finds that access to prenatal care and delivery services is limited by the inadequate number of providers of such services and that the regulated practice of midwifery may help to […]

467.003 – Definitions.

467.003 Definitions.—As used in this chapter, unless the context otherwise requires: (1) “Approved midwifery program” means a midwifery training program approved by the department pursuant to s. 467.205. (2) “Certified nurse midwife” means a person who is licensed as an advanced practice registered nurse under part I of chapter 464 and who is certified to practice midwifery by […]

467.004 – Council of Licensed Midwifery.

467.004 Council of Licensed Midwifery.— (1) The Council of Licensed Midwifery is created within the department and shall consist of nine members to be appointed by the State Surgeon General. (2) One member of the council shall be a certified nurse midwife. One member of the council shall be a physician who is an obstetrician certified by the […]

467.005 – Authority to Make Rules.

467.005 Authority to make rules.—The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. The rules shall include, but not be limited to, the allowable scope of midwifery practice regarding use of equipment, procedures, and medication. History.—ss. 1, 3, ch. 82-99; s. […]

467.006 – Requirements to Practice Midwifery.

467.006 Requirements to practice midwifery.— (1) Any person who seeks to practice midwifery in this state must be at least 21 years of age and must be licensed pursuant to s. 464.012 or this chapter. (2) A midwife who on October 1, 1992, holds a valid license to practice midwifery in this state may continue to practice midwifery […]

467.009 – Accredited and Approved Midwifery Programs; Education and Training Requirements.

467.009 Accredited and approved midwifery programs; education and training requirements.— (1) The department shall adopt standards for accredited and approved midwifery programs, which must include, but need not be limited to, standards for all of the following: (a) Clinical and classroom instruction in all aspects of prenatal, intrapartal, and postpartal care, including all of the following: 1. Obstetrics. 2. Neonatal […]

467.011 – Licensed Midwives; Qualifications; Examination.

467.011 Licensed midwives; qualifications; examination.—The department shall issue a license to practice midwifery to an applicant who meets all of the following criteria: (1) Demonstrates that he or she has graduated from one of the following: (a) An accredited and approved midwifery program. (b) A medical or midwifery program offered in another state, jurisdiction, territory, or country whose graduation […]

467.012 – Renewal of License.

467.012 Renewal of license.— (1) The department shall renew a license upon receipt of the renewal application and fee, provided the applicant is in compliance with the provisions of this chapter and rules adopted under this chapter. (2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses. (3) The department may by rule prescribe […]

467.0125 – Licensed Midwives; Qualifications; Endorsement; Temporary Certificates.

467.0125 Licensed midwives; qualifications; endorsement; temporary certificates.— (1) The department shall issue a license by endorsement to practice midwifery to an applicant who, upon applying to the department, demonstrates to the department that she or he meets all of the following criteria: (a) Holds an active, unencumbered license to practice midwifery in another state, jurisdiction, or territory, provided […]

467.013 – Inactive Status.

467.013 Inactive status.—A licensee may request that his or her license be placed in an inactive status by making application to the department and paying a fee. (1) An inactive license may be renewed for one additional biennium upon application to the department and payment of the applicable biennium renewal fee. The department shall establish procedures and […]

467.0135 – Fees.

467.0135 Fees.—The department shall establish fees for application, examination, initial licensure, renewal of licensure, licensure by endorsement, inactive status, delinquent status, and reactivation of an inactive license. The appropriate fee must be paid at the time of application and is payable to the Department of Health, in accordance with rules adopted by the department. A fee […]

467.014 – Financial Responsibility.

467.014 Financial responsibility.—A licensed midwife shall include in the informed consent plan presented to the parents the status of the midwife’s malpractice insurance, including the amount of malpractice insurance, if any. History.—ss. 10, 19, ch. 92-179; s. 79, ch. 2001-62.

467.015 – Responsibilities of the Midwife.

467.015 Responsibilities of the midwife.— (1) A midwife shall accept and provide care for only those mothers who are expected to have a normal pregnancy, labor, and delivery and shall ensure that the following conditions are met: (a) The patient has signed an informed consent form approved by the department pursuant to s. 467.016. (b) If the patient is […]

467.016 – Informed Consent.

467.016 Informed consent.—The department shall develop a uniform client informed-consent form to be used by the midwife to inform the client of the qualifications of a licensed midwife and the nature and risk of the procedures to be used by a midwife and to obtain the client’s consent for the provision of midwifery services. History.—ss. 1, […]

467.017 – Emergency Care Plan; Immunity.

467.017 Emergency care plan; immunity.— (1) Every licensed midwife shall develop a written plan for the appropriate delivery of emergency care. A copy of the plan shall accompany any application for license issuance or renewal. The plan shall address the following: (a) Consultation with other health care providers. (b) Emergency transfer. (c) Access to neonatal intensive care units and obstetrical […]

467.019 – Records and Reports.

467.019 Records and reports.— (1) The midwife shall mail or submit a completed birth certificate for each birth, in accordance with the requirements of chapter 382, to the local registrar of vital statistics within 5 days following birth. (2) The midwife shall instruct the parents regarding the requirement for an infant screening blood test for metabolic diseases as […]

467.201 – Violations and Penalties.

467.201 Violations and penalties.—Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084: (1) Practicing midwifery, unless holding an active license to do so. (2) Using or attempting to use a license which has been suspended or revoked. (3) The willful practice of midwifery by a […]

467.203 – Disciplinary Actions; Penalties.

467.203 Disciplinary actions; penalties.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a) Procuring, attempting to procure, or renewing a license to practice midwifery by bribery, by fraudulent misrepresentation, or through an error of the department. (b) Having a license to practice midwifery revoked, suspended, or otherwise acted […]

467.205 – Approval of Midwifery Programs.

467.205 Approval of midwifery programs.— (1) The department must approve an accredited or state-licensed public or private institution seeking to provide midwifery education and training as an approved midwifery program in this state if the institution meets all of the following criteria: (a) Submits an application for approval on a form approved by the department. (b) Demonstrates to the […]