36-9C-1. Definitions. Terms used in this chapter mean: (1)”Approved program,” an educational program of study leading to eligibility for certification as a midwife that is approved or accredited by the midwifery education accreditation council (MEAC); (2)”Board,” the South Dakota Board of Certified Professional Midwives; (3)”Certified professional midwife” or “CPM,” a practitioner licensed and authorized under […]
36-9C-10. Removal of member. The Governor may remove any member from the board for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. Source: SL 2017, ch 172, §10.
36-9C-11. Application for licensure–Issuance. An applicant for licensure as a certified professional midwife or certified professional midwife student shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the prescribed fee. If the board finds that the applicant satisfies the requirements for licensure in §36-9C-4, […]
36-9C-12. Criminal background check. Each applicant for licensure as a certified professional midwife or certified professional midwife student in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed […]
36-9C-13. Practice in out-of-hospital setting. For the purposes of this chapter, the practice of a certified professional midwife is the management and care of the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods. A certified professional midwife may perform the following scope of practice in an out-of-hospital setting including […]
36-9C-14. Actions excluded from practice of certified professional midwife. For the purposes of this chapter, the practice of a certified professional midwife does not include: (1)The use of any surgical instrument at a childbirth, except as necessary to sever the umbilical cord or repair a first or second degree perineal laceration; (2)Prescribing prescription medications including […]
36-9C-15. Duration of license–Renewal. The license of a certified professional midwife is valid for two years and is renewable pursuant to §36-9C-16. The board shall provide a notice for renewal to each licensed certified professional midwife at least ninety days before the expiration date of the license or certificate of renewal. Source: SL 2017, ch […]
36-9C-16. Requirements for license renewal. To renew the license, the license holder shall, before the expiration date, return to the board: (1)The renewal notice; (2)Evidence of meeting the re-certification requirements for CPM re-certification by the North American Registry of Midwives; (3)Evidence that the license holder has a minimum of one hundred forty hours in the […]
36-9C-17. Reinstatement of lapsed license. If a licensee fails to maintain active status or secure inactive status, as provided in §36-9C-18, the license shall lapse on the final date of the period for which is was last renewed. A lapsed license may be reinstated by filing a satisfactory explanation for failure to renew, payment of […]
36-9C-18. Inactive status. The holder of a current license may file with the board a written application, together with the prescribed fee, requesting inactive status. Source: SL 2017, ch 172, §18.
36-9C-19. Fees. The board shall promulgate by rule, pursuant to chapter 1-26, and shall collect in advance the following nonrefundable fees from each applicant: (1)For initial licensure or endorsement from another state, not more than one thousand dollars; (2)For biennial renewal of license, not more than one thousand five hundred dollars; (3)For reinstatement of a […]
36-9C-2. License required to practice as certified professional midwife. No person may practice or offer to practice as a certified professional midwife in this state unless the person is currently licensed to practice by the board. Source: SL 2017, ch 172, §2.
36-9C-20. Midwife regulation fund. There is hereby established the midwife regulation fund. All fees received by the board, and money collected under this chapter, shall be forwarded to the state treasurer before the eleventh day of each month. The state treasurer shall credit the funds to the midwife regulation fund. The funds in the account […]
36-9C-21. Initial minimum balance in midwife regulation account. The Governor is not required to appoint members to the board and the board is not required to begin issuing licenses pursuant to this chapter until the balance in the midwife regulation account is greater than twenty thousand dollars. Source: SL 2017, ch 172, §21.
36-9C-22. Denial, revocation, or suspension for misconduct. The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon proof that the license holder […]
36-9C-23. Procedures for revocation or suspension. Any proceeding related to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26. A license may be revoked or suspended only at a hearing conducted in accordance with chapter 1-26. Source: SL 2017, ch 172, §23.
36-9C-24. Examination of license holder or applicant by medical examiner. The board may take action authorized by §36-9C-23 upon satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to the […]
36-9C-25. Appeal. An aggrieved party may appeal a board decision pursuant to chapter 1-26. Source: SL 2017, ch 172, §25.
36-9C-26. Reissuance of revoked or suspended license. A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause. Source: SL 2017, ch 172, §26.
36-9C-27. Prohibited conduct–Violation as misdemeanor. No person may: (1)Practice or offer to practice as a certified professional midwife or certified professional midwife student without being licensed pursuant to this chapter; (2)Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this chapter or aid or […]
