36-9C-28. Violation by single act. It is necessary to prove in any prosecution only a single act prohibited by law, or a single holding out, or a single attempt, without proving a general course of conduct in order to constitute a violation of this chapter. Source: SL 2017, ch 172, §28.
36-9C-29. Injunction. The board may apply for an injunction in the circuit court for the county of the person’s residence to enjoin any person who: (1)Is practicing as a certified professional midwife without a license issued by the board; (2)Is practicing as a certified professional midwife under a license that has lapsed or has been […]
36-9C-3. Functions exempt from chapter. This chapter does not prohibit the performance of the functions of a certified professional midwife if performed: (1)In an emergency situation; (2)By a certified nurse midwife licensed pursuant to chapter 36-9A and authorized to practice in this state; (3)By a physician licensed pursuant to chapter 36-4 and authorized to practice […]
36-9C-30. Temporary injunction. Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in §36-9C-29, may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified professional midwife. […]
36-9C-31. Injunction as alternative to criminal proceedings. An action for injunction is an alternative to criminal proceedings, and the commencement of either proceeding by the board constitutes an election. Source: SL 2017, ch 172, §31.
36-9C-32. Promulgation of rules. The board shall promulgate rules pursuant to chapter 1-26 pertaining to: (1)Licensing and licenses; (2)The practice and scope, pursuant to §36-9C-13, of certified professional midwives and certified professional midwife students; (3)Fees; (4)Approval of certified professional midwife education programs; and (5)Criteria for low-risk pregnancy and delivery. Source: SL 2017, ch 172, §32; […]
36-9C-33. Informed consent document. A certified professional midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the certified professional midwife and the client that discloses all of the following in writing: (1)The name, address, telephone number, and license number of the certified professional […]
36-9C-34. Limitation of liability. No other licensed health care provider or hospital or agent thereof is liable for an injury resulting from an act or omission by a certified professional midwife, even if the health care provider has consulted with or accepted a referral from the certified professional midwife. Source: SL 2017, ch 172, §34.
36-9C-35. Newborn screenings. A certified professional midwife shall comply with all newborn screenings required by state law and administrative rule. Source: SL 2017, ch 172, §37.
36-9C-36. Consultation with physician or facility. A certified professional midwife shall consult with the client’s selected physician or facility whenever there is a significant deviation during the client’s pregnancy or birth, or with the newborn. Source: SL 2017, ch 172, §38.
36-9C-37. Review of birth registration and reportable information–Report of neonatal or maternal mortality. The board shall review birth registration and reportable information for each out-of-hospital birth for evaluation and quality management purposes. The certified professional midwife shall provide additional documentation to the board upon request for review. The certified professional midwife shall report within forty-eight […]
36-9C-4. Qualifications for certified professional midwife. No person may be licensed to practice as a certified professional midwife unless the person: (1)Has obtained the certified professional midwife credential; (2)For licensure of a person who obtains certification after December 31, 2019, has completed an educational program or pathway accredited by MEAC; or (3)For a person who […]
36-9C-5. Practice controlled by Board of Certified Professional Midwives. The practice in this state as a certified professional midwife or certified professional midwife student is subject to the control and regulation of the board established by §36-9C-6. The board may license, supervise the practice, and otherwise discipline any person applying for or practicing as a […]
36-9C-6. Board of Certified Professional Midwives established. There is hereby established the Board of Certified Professional Midwives within the Department of Health. The board shall submit records, information, and reports in the form and as required by the secretary of health. The board shall report at least annually to the Department of Health. Source: SL […]
36-9C-7. Members of board. The Governor shall appoint a board consisting of two certified professional midwives who are licensed and in good standing pursuant to this chapter, one certified nurse midwife who is licensed and in good standing pursuant to chapter 36-9A, one physician with experience in maternity care who is licensed and in good […]
36-9C-8. Qualifications of board members–Initial appointments. Each member of the board shall be a citizen of the United States, a resident of this state for a minimum of two years before appointment to the board, and shall file with the secretary of state an oath of office before beginning the member’s term of office. However, […]
36-9C-9. Terms of office. The term of office for members of the board is three years and expires on October thirtieth. Each member shall serve until a successor is appointed and qualified. No member may be appointed to more than three consecutive full terms. Appointment of a person to an unexpired term is not considered […]
