SF 3809

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 10:50am

A bill for an act
relating to health; establishing certified midwife licensure by the Board of Nursing;
providing criminal penalties; amending Minnesota Statutes 2020, sections 147D.03,
subdivision 1; 148.241; 151.01, subdivision 23, as amended; proposing coding for
new law as Minnesota Statutes, chapter 148G.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 147D.03, subdivision 1, is amended to read:

Subdivision 1.

General.

Within the meaning of sections 147D.01 to 147D.27, a person
who shall publicly profess to be a traditional midwife and who, for a fee, shall assist or
attend to a woman in pregnancy, childbirth outside a hospital, and postpartum, shall be
regarded as practicing traditional midwifery. new text begin A certified midwife licensed by the Board of
Nursing under chapter 148G is not subject to the provisions of this chapter.
new text end

Sec. 2.

Minnesota Statutes 2020, section 148.241, is amended to read:

148.241 EXPENSES.

Subdivision 1.

Appropriation.

The expenses of administering sections 148.171 to
148.285 new text begin and chapter 148G new text end shall be paid from the appropriation made to the Minnesota
Board of Nursing.

Subd. 2.

Expenditure.

All amounts appropriated to the board shall be held subject to
the order of the board to be used only for the purpose of meeting necessary expenses incurred
in the performance of the purposes of sections 148.171 to 148.285 new text begin and chapter 148G new text end , and
the duties imposed thereby as well as the promotion of nursing new text begin or certified midwifery
new text end education and standards of nursing new text begin or certified midwifery new text end care in this state.

Sec. 3.

new text begin [148G.01] TITLE.
new text end

new text begin This chapter shall be referred to as the Minnesota Certified Midwife Practice Act.
new text end

Sec. 4.

new text begin [148G.02] SCOPE.
new text end

new text begin This chapter applies to all applicants and licensees, all persons who use the title certified
midwife, and all persons in or out of this state who provide certified midwifery services to
patients who reside in this state, unless there are specific applicable exemptions provided
by law.
new text end

Sec. 5.

new text begin [148G.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the definitions in this section have
the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Nursing.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin "Certification" means the formal recognition by the American
Midwifery Certification Board of the knowledge, skills, and experience demonstrated by
the achievement of standards identified by the American College of Nurse Midwives or any
successor organization.
new text end

new text begin Subd. 4. new text end

new text begin Certified midwife. new text end

new text begin "Certified midwife" means an individual who holds a current
and valid national certification as a certified midwife from the American Midwifery
Certification Board, or any successor organization, and who is licensed by the board under
this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Certified midwifery practice. new text end

new text begin "Certified midwifery practice" means:
new text end

new text begin (1) the management, diagnosis, and treatment of women's primary health care, including
pregnancy, childbirth, postpartum period, care of the newborn, family planning, partner
care management relating to sexual health, and gynecological care of women across the life
span;
new text end

new text begin (2) health counseling, including providing information and referrals to community
resources on childbirth preparation, breastfeeding, exercise, nutrition, parenting, care of the
newborn, health promotion, and disease prevention;
new text end

new text begin (3) ordering, performing, supervising, and interpreting diagnostic studies, excluding
interpreting computed tomography scans, magnetic resonance imaging scans, positron
emission tomography scans, nuclear scans, and mammography, within the scope of certified
midwifery practice;
new text end

new text begin (4) prescribing pharmacological and nonpharmacological therapies appropriate to
midwifery care;
new text end

new text begin (5) consulting with, collaborating with, or referring to other health care professionals as
warranted by the needs of the patient; and
new text end

new text begin (6) performing the role of educator in the theory and practice of midwifery.
new text end

new text begin Subd. 6. new text end

new text begin Collaborating. new text end

new text begin "Collaborating" means the process in which two or more health
care professionals work together to meet the health care needs of a patient, as warranted by
the needs of the patient.
new text end

new text begin Subd. 7. new text end

new text begin Consulting. new text end

new text begin "Consulting" means the process in which a certified midwife who
maintains primary management responsibility for a patient's care seeks advice or opinion
of a physician, an advanced practice registered nurse, or another member of the health care
team.
new text end

new text begin Subd. 8. new text end

new text begin Encumbered. new text end

new text begin "Encumbered" means: (1) a license or other credential that is
revoked, suspended, or contains limitations on the full and unrestricted practice of certified
midwifery when the revocation, suspension, or limitation is imposed by a state licensing
board or other state regulatory entity; or (2) a license or other credential that is voluntarily
surrendered.
new text end

new text begin Subd. 9. new text end

new text begin Licensure period. new text end

new text begin "Licensure period" means the interval of time during which
the certified midwife is authorized to engage in certified midwifery. The initial licensure
period is from six to 29 full calendar months starting on the day of licensure and ending on
the last day of the certified midwife's month of birth in an even-numbered year if the year
of birth is an even-numbered year or in an odd-numbered year if the year of birth is in an
odd-numbered year. Subsequent licensure renewal periods are 24 months. For licensure
renewal, the period starts on the first day of the month following expiration of the previous
licensure period. The period ends the last day of the certified midwife's month of birth in
an even- or odd-numbered year according to the certified midwife's year of birth.
new text end

new text begin Subd. 10. new text end

new text begin Licensed practitioner. new text end

new text begin "Licensed practitioner" means a licensed doctor of
medicine under chapter 147, a licensed doctor of osteopathic medicine licensed to practice
medicine under chapter 147, a licensed certified midwife under sections 148.171 to 148.235,
or a licensed certified midwife under this chapter.
new text end

new text begin Subd. 11. new text end

new text begin Midwifery education program. new text end

new text begin "Midwifery education program" means a
university, college, or other education program leading to preparation and eligibility for
certification in midwifery that is approved or accredited by the Accreditation Commission
for Midwifery Education or any successor organization.
new text end

new text begin Subd. 12. new text end

new text begin Patient. new text end

new text begin "Patient" means a recipient of care provided by a certified midwife,
including an individual, family, group, or community.
new text end

new text begin Subd. 13. new text end

new text begin Prescribing. new text end

new text begin "Prescribing" means the act of generating a prescription for the
preparation of, use of, or manner of using a drug or therapeutic device under section 148G.09.
Prescribing does not include recommending the use of drug or therapeutic device that is not
required by the federal Food and Drug Administration to meet the labeling requirements
for prescription drugs and devices.
new text end

new text begin Subd. 14. new text end

new text begin Prescription. new text end

new text begin "Prescription" means a written direction or an oral direction
reduced to writing provided to or for a patient for the preparation or use of a drug or
therapeutic device. The requirements of section 151.01, subdivisions 16, 16a, and 16b, apply
to prescriptions for drugs.
new text end

new text begin Subd. 15. new text end

new text begin Referral. new text end

new text begin "Referral" means the process in which a certified midwife directs
a patient to a physician or another health care professional for management of a particular
problem or aspect of the patient's care.
new text end

new text begin Subd. 16. new text end

new text begin Supervision. new text end

new text begin "Supervision" means monitoring and establishing the initial
direction, setting expectations, directing activities and courses of action, evaluating, and
changing a course of action in certified midwifery care.
new text end

Sec. 6.

new text begin [148G.04] CERTIFIED MIDWIFE LICENSING.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin (a) No person shall practice as a certified midwife or serve
as the faculty of record for clinical instruction in a midwifery distance learning program
unless the certified midwife is licensed by the board under this chapter.
new text end

new text begin (b) An applicant for a license to practice as a certified midwife shall apply to the board
in a format prescribed by the board and pay a fee in an amount determined under section
148G.11.
new text end

new text begin (c) To be eligible for licensure, an applicant must:
new text end

new text begin (1) not hold an encumbered license or other credential as a certified midwife or equivalent
professional designation in any state or territory;
new text end

new text begin (2) hold a current and valid certification as a certified midwife from the American
Midwifery Certification Board or any successor organization acceptable to the board and
provide primary source verification of certification to the board in a format prescribed by
the board;
new text end

new text begin (3) have completed a graduate level midwifery program that includes clinical experience,
is accredited by the Accreditation Commission for Midwifery Education or any successor
organization, and leads to a graduate degree. The applicant must submit primary source
verification of program completion to the board in a format prescribed by the board. The
primary source verification must verify the applicant completed three separate graduate-level
courses in physiology and pathophysiology; advanced health assessment; and advanced
pharmacology, including pharmacodynamics, pharmacokinetics, and pharmacotherapeutics
of all broad categories of agents;
new text end

new text begin (4) report any criminal conviction, nolo contendere plea, Alford plea, or other plea
arrangement in lieu of conviction; and
new text end

new text begin (5) not have committed any acts or omissions which are grounds for disciplinary action
in another jurisdiction or, if these acts have been committed and would be grounds for
disciplinary action as set forth in section 148G.13, the board has found after an investigation
that sufficient remediation has been made.
new text end

new text begin Subd. 2. new text end

new text begin Clinical practice component. new text end

new text begin If more than five years have elapsed since the
applicant has practiced in the certified midwife role, the applicant shall complete a
reorientation plan as a certified midwife. The plan must include supervision during the
clinical component by a licensed practitioner with experience in providing care to patients
with the same or similar health care needs. The licensee shall submit the plan and the name
of the provider to the board. The plan must include a minimum of 500 hours of supervised
certified midwifery practice. The certified midwife must submit verification of completion
of the clinical reorientation to the board when the reorientation is complete.
new text end

Sec. 7.

new text begin [148G.05] LICENSURE RENEWAL; RELICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal; current applicants. new text end

new text begin (a) A certified midwife must apply for
renewal of the certified midwife's license before the certified midwife's licensure period
ends. The board must receive the certified midwife's application on or before the last day
of the certified midwife's licensure period to be considered timely. A certified midwife's
license lapses if the certified midwife's application is untimely.
new text end

new text begin (b) An applicant for certified midwifery renewal must provide the board evidence of
current certification or recertification as a certified midwife by the American Midwifery
Certification Board or any successor organization.
new text end

new text begin (c) An applicant for certified midwifery renewal must submit to the board the fee under
section 148G.11, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Clinical practice component. new text end

new text begin If more than five years have elapsed since the
applicant has practiced as a certified midwife, the applicant shall complete a reorientation
plan as a certified midwife. The plan must include supervision during the clinical component
by a licensed practitioner with experience in providing care to patients with the same or
similar health care needs. The licensee shall submit the plan and the name of the provider
to the board. The plan must include a minimum of 500 hours of supervised certified
midwifery practice. The certified midwife must submit verification of completion of the
clinical reorientation to the board when the reorientation is complete.
new text end

new text begin Subd. 3. new text end

new text begin Relicensure; lapsed applicants. new text end

new text begin A person whose license has lapsed desiring
to resume practice as a certified midwife shall apply for relicensure, submit to the board
satisfactory evidence of compliance with the procedures and requirements established by
the board, and pay the board the relicensure fee under section 148G.11, subdivision 4, for
the current period. A penalty fee under section 148G.11, subdivision 3, is required from a
person who practiced certified midwifery without current licensure. The board shall relicense
a person who meets the requirements of this subdivision.
new text end

Sec. 8.

new text begin [148G.06] FAILURE OR REFUSAL TO PROVIDE INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Notification requirement. new text end

new text begin An individual licensed as a certified midwife
must notify the board when the individual renews their certification. If a licensee fails to
provide notification, the licensee is prohibited from practicing as a certified midwife.
new text end

new text begin Subd. 2. new text end

new text begin Denial of license. new text end

new text begin Refusal of an applicant to supply information necessary to
determine the applicant's qualifications, failure to demonstrate qualifications, or failure to
satisfy the requirements for a license contained in this chapter or rules of the board may
result in denial of a license. The burden of proof is upon the applicant to demonstrate the
qualifications and satisfaction of the requirements.
new text end

Sec. 9.

new text begin [148G.07] NAME CHANGE AND CHANGE OF ADDRESS.
new text end

new text begin A certified midwife shall maintain a current name and address with the board and shall
notify the board in writing within 30 days of any change in name or address. All notices or
other correspondence mailed to or served upon a certified midwife by the board at the
licensee's address on file with the board shall be considered as having been received by the
licensee.
new text end

Sec. 10.

new text begin [148G.08] IDENTIFICATION OF CERTIFIED MIDWIVES.
new text end

new text begin Only those persons who hold a current license to practice certified midwifery in this
state may use the title of certified midwife. A certified midwife licensed by the board shall
use the designation of CM for professional identification and in documentation of services
provided.
new text end

Sec. 11.

new text begin [148G.09] PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Diagnosing, prescribing, and ordering. new text end

new text begin Certified midwives, within the
scope of certified midwifery practice, are authorized to:
new text end

new text begin (1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies
and providers;
new text end

new text begin (2) prescribe, procure, sign for, record, administer, and dispense over-the-counter, legend,
and controlled substances, including sample drugs; and
new text end

new text begin (3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable
medical devices and equipment, nutrition, diagnostic services, and supportive services,
including but not limited to home health care, physical therapy, and occupational therapy.
new text end

new text begin Subd. 2. new text end

new text begin Drug Enforcement Administration requirements. new text end

new text begin (a) Certified midwives
must:
new text end

new text begin (1) comply with federal Drug Enforcement Administration (DEA) requirements related
to controlled substances; and
new text end

new text begin (2) file the certified midwife's DEA registrations and numbers with the board, if any.
new text end

new text begin (b) The board shall maintain current records of all certified midwives with DEA
registration and numbers.
new text end

Sec. 12.

new text begin [148G.10] FEES.
new text end

new text begin The fees specified in section 148G.11 are nonrefundable and must be deposited in the
state government special revenue fund.
new text end

Sec. 13.

new text begin [148G.11] FEE AMOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin The fee for licensure is $........
new text end

new text begin Subd. 2. new text end

new text begin Renewal. new text end

new text begin The fee for licensure renewal is $........
new text end

new text begin Subd. 3. new text end

new text begin Practicing without current certification. new text end

new text begin The penalty fee for a person who
practices certified midwifery without a current certification or recertification, or current
certification or recertification on file with the board, is $200 for the first month or part of
a month and an additional $100 for each subsequent month or parts of months of practice.
The penalty fee shall be calculated from the first day the certified midwife practiced without
a current certified midwife license and certification to the last day of practice without a
current license and certification, or from the first day the certified midwife practiced without
a current license and certification on file with the board until the day the current license and
certification is filed with the board.
new text end

new text begin Subd. 4. new text end

new text begin Relicensure. new text end

new text begin The fee for relicensure is $........ The fee for practicing without
current licensure is two times the amount of the current renewal fee for any part of the first
calendar month, plus the current renewal fee for any part of each subsequent month up to
24 months.
new text end

new text begin Subd. 5. new text end

new text begin Dishonored check fee. new text end

new text begin The service fee for a dishonored check is as provided
in section 604.113.
new text end

Sec. 14.

new text begin [148G.12] APPROVED MIDWIFERY EDUCATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Initial approval. new text end

new text begin An institution desiring to conduct a certified midwifery
program shall apply to the board and submit evidence that the institution is prepared to:
new text end

new text begin (1) provide a program of theory and practice in certified midwifery that meets the program
approval standards adopted by the board. Instruction and required experience may be obtained
in one or more institutions or agencies outside the applying institution if the program retains
accountability for all clinical and nonclinical teaching; and
new text end

new text begin (2) meet other standards established by law and by the board.
new text end

new text begin Subd. 2. new text end

new text begin Continuing approval. new text end

new text begin If deemed necessary by the board, the board shall,
through the board's representatives, survey all midwifery programs in the state. If the results
of the survey show that a program meets all standards for certified midwifery programs,
the board shall continue approval of the certified midwifery program.
new text end

new text begin Subd. 3. new text end

new text begin Loss of approval. new text end

new text begin If the board determines that an approved certified midwifery
program is not maintaining the standards required by subdivision 1 and the American
Commission on Midwifery Education or any successor organization, the board must notify
the program of the defect in writing. If a program fails to correct the defect to the satisfaction
of the board within a reasonable time, the board shall revoke the program's approval and
remove the program from the list of approved certified midwifery programs.
new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of approval. new text end

new text begin The board shall reinstate approval of a certified
midwifery program upon submission of satisfactory evidence that the certified midwifery's
program of theory and practice meets the standards required by subdivision 1.
new text end

Sec. 15.

new text begin [148G.13] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds listed. new text end

new text begin The board may deny, revoke, suspend, limit, or condition
the license of any person to practice certified midwifery under this chapter or to otherwise
discipline a licensee or applicant as described in section 148G.14. The following are grounds
for disciplinary action:
new text end

new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for a license
contained in this chapter or rules of the board. In the case of a person applying for a license,
the burden of proof is upon the applicant to demonstrate the qualifications or satisfaction
of the requirements;
new text end

new text begin (2) employing fraud or deceit in procuring or attempting to procure a license to practice
certified midwifery;
new text end

new text begin (3) conviction of a felony or gross misdemeanor reasonably related to the practice of
certified midwifery. Conviction as used in this subdivision includes a conviction of an
offense that if committed in this state would be considered a felony or gross misdemeanor
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not
entered;
new text end

new text begin (4) revocation, suspension, limitation, conditioning, or other disciplinary action against
the person's certified midwife credential in another state, territory, or country; failure to
report to the board that charges regarding the person's certified midwifery license,
certification, or other credential are pending in another state, territory, or country; or failure
to report to the board having been refused a license or other credential by another state,
territory, or country;
new text end

new text begin (5) failure or inability to practice as a certified midwife with reasonable skill and safety,
or departure from or failure to conform to standards of acceptable and prevailing certified
midwifery, including failure of a certified midwife to adequately supervise or monitor the
performance of acts by any person working at the certified midwife's direction;
new text end

new text begin (6) engaging in unprofessional conduct, including but not limited to a departure from
or failure to conform to statutes relating to certified midwifery practice or to the minimal
standards of acceptable and prevailing certified midwifery practice; or any certified midwifery
practice that may create unnecessary danger to a patient's life, health, or safety. Actual injury
to a patient need not be established under this clause;
new text end

new text begin (7) supervision or accepting the supervision of a midwifery function or a prescribed
health care function when the acceptance could reasonably be expected to result in unsafe
or ineffective patient care;
new text end

new text begin (8) actual or potential inability to practice certified midwifery with reasonable skill and
safety to patients by reason of illness; use of alcohol, drugs, chemicals, or any other material;
or as a result of any mental or physical condition;
new text end

new text begin (9) adjudication as mentally incompetent, mentally ill, a chemically dependent person,
or a person dangerous to the public by a court of competent jurisdiction, within or outside
of this state;
new text end

new text begin (10) engaging in any unethical conduct, including but not limited to conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
the health, welfare, or safety of a patient. Actual injury need not be established under this
clause;
new text end

new text begin (11) engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, in any verbal behavior that is seductive or sexually demeaning to
a patient, or in sexual exploitation of a patient or former patient;
new text end

new text begin (12) obtaining money, property, or services from a patient, other than reasonable fees
for services provided to the patient, through the use of undue influence, harassment, duress,
deception, or fraud;
new text end

new text begin (13) revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law;
new text end

new text begin (14) engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws;
new text end

new text begin (15) improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections 144.291 to
144.298, or to furnish a patient record or report required by law;
new text end

new text begin (16) knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
in the unlawful practice of certified midwifery;
new text end

new text begin (17) violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of certified midwifery, or a state or federal narcotics or controlled
substance law;
new text end

new text begin (18) knowingly providing false or misleading information to a patient that is directly
related to the care of that patient unless done for an accepted therapeutic purpose such as
the administration of a placebo;
new text end

new text begin (19) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
new text end

new text begin (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section 609.215, subdivision 1 or 2;
new text end

new text begin (ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;
new text end

new text begin (iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
new text end

new text begin (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
The board shall investigate any complaint of a violation of section 609.215, subdivision 1
or 2;
new text end

new text begin (20) practicing outside the scope of certified midwifery practice as defined under section
148G.03, subdivision 5;
new text end

new text begin (21) making a false statement or knowingly providing false information to the board,
failing to make reports as required by section 148G.15, or failing to cooperate with an
investigation of the board as required by section 148G.17;
new text end

new text begin (22) engaging in false, fraudulent, deceptive, or misleading advertising;
new text end

new text begin (23) failure to inform the board of the person's certification or recertification status as
a certified midwife;
new text end

new text begin (24) engaging in certified midwifery practice without a license and current certification
or recertification by the American Midwifery Certification Board or any successor
organization;
new text end

new text begin (25) engaging in conduct that is prohibited under section 145.412; or
new text end

new text begin (26) failure to maintain appropriate professional boundaries with a patient. A certified
midwife must not engage in practices that create an unacceptable risk of patient harm or of
the impairment of a certified midwife's objectivity or professional judgment. A certified
midwife must not act or fail to act in a way that, as judged by a reasonable and prudent
certified midwife, inappropriately encourages the patient to relate to the certified midwife
outside of the boundaries of the professional relationship, or in a way that interferes with
the patient's ability to benefit from certified midwife services. A certified midwife must not
use the professional relationship with a patient, student, supervisee, or intern to further the
certified midwife's personal, emotional, financial, sexual, religious, political, or business
benefit or interests.
new text end

new text begin Subd. 2. new text end

new text begin Conviction of a felony-level criminal sexual offense. new text end

new text begin (a) Except as provided
in paragraph (e), the board must not grant or renew a license to practice certified midwifery
to any person who has been convicted on or after August 1, 2014, of any of the provisions
of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1 or 1a;
609.345, subdivision 1 or 1a; or a similar statute in another jurisdiction.
new text end

new text begin (b) A license to practice certified midwifery is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a).
new text end

new text begin (c) A license to practice certified midwifery that has been denied or revoked under this
subdivision is not subject to chapter 364.
new text end

new text begin (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
execution of the sentence and final disposition of the case is accomplished at a nonfelony
level.
new text end

new text begin (e) The board may establish criteria whereby an individual convicted of an offense listed
in paragraph (a) may become licensed if the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant's sentence was
discharged.
new text end

new text begin (f) The board shall not consider an application under paragraph (e) if the board determines
that the victim involved in the offense was a patient or a client of the applicant at the time
of the offense.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging a violation of subdivision 1, clause
(3) or (4), or subdivision 2, a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered the same shall be admissible into
evidence without further authentication and shall constitute prima facie evidence of the
violation concerned.
new text end

new text begin Subd. 4. new text end

new text begin Examination; access to medical data. new text end

new text begin (a) If the board has probable cause to
believe that grounds for disciplinary action exist under subdivision 1, clause (8) or (9), it
may direct the applicant or certified midwife to submit to a mental or physical examination
or chemical dependency evaluation. For the purpose of this subdivision, when a certified
midwife licensed under this chapter is directed in writing by the board to submit to a mental
or physical examination or chemical dependency evaluation, that person is considered to
have consented and to have waived all objections to admissibility on the grounds of privilege.
Failure of the applicant or certified midwife to submit to an examination when directed
constitutes an admission of the allegations against the applicant or certified midwife, unless
the failure was due to circumstances beyond the person's control, and the board may enter
a default and final order without taking testimony or allowing evidence to be presented. A
certified midwife affected under this paragraph shall, at reasonable intervals, be given an
opportunity to demonstrate that the competent practice of certified midwifery can be resumed
with reasonable skill and safety to patients. Neither the record of proceedings nor the orders
entered by the board in a proceeding under this paragraph may be used against a certified
midwife in any other proceeding.
new text end

new text begin (b) Notwithstanding section 13.384, 144.651, and 595.02, or any other law limiting
access to medical or other health data, the board may obtain medical data and health records
relating to a certified midwife or applicant for a license without that person's consent if the
board has probable cause to believe that grounds for disciplinary action exist under
subdivision 1, clause (8) or (9). The medical data may be requested from a provider, as
defined in section 144.291, subdivision 2, paragraph (h); an insurance company; or a
government agency, including the Department of Human Services. A provider, insurance
company, or government agency shall comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision
unless the information is false and the provider giving the information knew, or had reason
to believe, the information was false. Information obtained under this subdivision is classified
as private data on individuals as defined in section 13.02.
new text end

Sec. 16.

new text begin [148G.14] FORMS OF DISCIPLINARY ACTION; AUTOMATIC
SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Forms of disciplinary action. new text end

new text begin If the board finds that grounds for
disciplinary action exist under section 148G.13, it may take one or more of the following
actions:
new text end

new text begin (1) deny the license application or licensure renewal;
new text end

new text begin (2) revoke the license;
new text end

new text begin (3) suspend the license;
new text end

new text begin (4) impose limitations on the certified midwife's practice of certified midwifery including
but not limited to limitation of scope of practice or the requirement of practice under
supervision;
new text end

new text begin (5) impose conditions on the retention of the license including but not limited to the
imposition of retraining or rehabilitation requirements or the conditioning of continued
practice on demonstration of knowledge or skills by appropriate examination, monitoring,
or other review;
new text end

new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation. The amount
of the civil penalty must be fixed so as to deprive the certified midwife of any economic
advantage gained by reason of the violation charged; to reimburse the board for the cost of
counsel, investigation, and proceeding; and to discourage repeated violations;
new text end

new text begin (7) order the certified midwife to provide unremunerated service;
new text end

new text begin (8) censure or reprimand the certified midwife; or
new text end

new text begin (9) any other action justified by the facts in the case.
new text end

new text begin Subd. 2. new text end

new text begin Automatic suspension of license. new text end

new text begin (a) Unless the board orders otherwise, a
license to practice certified midwifery is automatically suspended if:
new text end

new text begin (1) a guardian of a certified midwife is appointed by order of a court under sections
524.5-101 to 524.5-502;
new text end

new text begin (2) the certified midwife is committed by order of a court under chapter 253B; or
new text end

new text begin (3) the certified midwife is determined to be mentally incompetent, mentally ill,
chemically dependent, or a person dangerous to the public by a court of competent
jurisdiction within or outside of this state.
new text end

new text begin (b) The license remains suspended until the certified midwife is restored to capacity by
a court and, upon petition by the certified midwife, the suspension is terminated by the
board after a hearing or upon agreement between the board and the certified midwife.
new text end

new text begin Subd. 3. new text end

new text begin Temporary suspension of license. new text end

new text begin In addition to any other remedy provided
by law, the board may, through its designated board member under section 214.10,
subdivision 2, temporarily suspend the license of a certified midwife without a hearing if
the board finds that there is probable cause to believe the certified midwife has violated a
statute or rule the board is empowered to enforce and continued practice by the certified
midwife would create a serious risk of harm to others. The suspension shall take effect upon
written notice to the certified midwife, served by first-class mail, specifying the statute or
rule violated. The suspension shall remain in effect until the board issues a temporary stay
of suspension or a final order in the matter after a hearing or upon agreement between the
board and the certified midwife. At the time it issues the suspension notice, the board shall
schedule a disciplinary hearing to be held under the Administrative Procedure Act. The
board shall provide the certified midwife at least 20 days' notice of any hearing held under
this subdivision. The board shall schedule the hearing to begin no later than 30 days after
the issuance of the suspension order.
new text end

new text begin Subd. 4. new text end

new text begin Reissuance. new text end

new text begin The board may reinstate and reissue a license certificate to practice
certified midwifery, but as a condition may impose any disciplinary or corrective measure
that it might originally have imposed. Any person whose license has been revoked,
suspended, or limited may have the license reinstated and a new license issued when, at the
discretion of the board, the action is warranted, provided that the board shall require the
person to pay the costs of the proceedings resulting in the revocation, suspension, or limitation
of the license; reinstatement of the license; and the fee for the current licensure period. The
cost of proceedings shall include but not be limited to the cost paid by the board to the
Office of Administrative Hearings and the Office of the Attorney General for legal and
investigative services, the costs of a court reporter and witnesses, reproduction of records,
board staff time, travel, and expenses, and board members' per diem reimbursements, travel
costs, and expenses.
new text end

Sec. 17.

new text begin [148G.15] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for discipline under section 148G.13 may report the alleged violation
to the board.
new text end

new text begin Subd. 2. new text end

new text begin Institutions. new text end

new text begin The chief nursing executive or chief administrative officer of any
hospital, clinic, prepaid medical plan, or other health care institution or organization located
in this state shall report to the board any action taken by the institution or organization or
any of its administrators or committees to revoke, suspend, limit, or condition a certified
midwife's privilege to practice in the institution, or as part of the organization, any denial
of privileges, any dismissal from employment, or any other disciplinary action. The institution
or organization shall also report the resignation of any certified midwife before the conclusion
of any disciplinary proceeding, or before commencement of formal charges, but after the
certified midwife had knowledge that formal charges were contemplated or in preparation.
The reporting described by this subdivision is required only if the action pertains to grounds
for disciplinary action under section 148G.13.
new text end

new text begin Subd. 3. new text end

new text begin Licensed professionals. new text end

new text begin A person licensed by a health-related licensing board
as defined in section 214.01, subdivision 2, shall report to the board personal knowledge
of any conduct the person reasonably believes constitutes grounds for disciplinary action
under section 148G.13 by any certified midwife, including conduct indicating that the
certified midwife may be incompetent, may have engaged in unprofessional or unethical
conduct, or may be mentally or physically unable to engage safely in the practice of certified
midwifery.
new text end

new text begin Subd. 4. new text end

new text begin Insurers. new text end

new text begin (a) By the first day of February, May, August, and November, each
insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13),
and providing professional liability insurance to certified midwives shall submit to the board
a report concerning any certified midwife against whom a malpractice award has been made
or who has been a party to a settlement. The report must contain at least the following
information:
new text end

new text begin (1) the total number of settlements or awards;
new text end

new text begin (2) the date a settlement or award was made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlement or award;
new text end

new text begin (4) the dollar amount of each malpractice settlement or award and whether that amount
was paid as a result of a settlement or of an award; and
new text end

new text begin (5) the name and address of the practice of the certified midwife against whom an award
was made or with whom a settlement was made.
new text end

new text begin (b) An insurer shall also report to the board any information it possesses that tends to
substantiate a charge that a certified midwife may have engaged in conduct in violation of
this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Courts. new text end

new text begin The court administrator of district court or another court of competent
jurisdiction shall report to the board any judgment or other determination of the court that
adjudges or includes a finding that a certified midwife is a person who is mentally ill,
mentally incompetent, chemically dependent, dangerous to the public, guilty of a felony or
gross misdemeanor, guilty of a violation of federal or state narcotics laws or controlled
substances act, guilty of operating a motor vehicle while under the influence of alcohol or
a controlled substance, or guilty of an abuse or fraud under Medicare or Medicaid; or if the
court appoints a guardian of the certified midwife under sections 524.5-101 to 524.5-502
or commits a certified midwife under chapter 253B.
new text end

new text begin Subd. 6. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 2 to 5 must be submitted
no later than 30 days after the occurrence of the reportable event or transaction. The board
may provide forms for the submission of reports required by this section, may require that
the reports be submitted on the forms provided, and may adopt rules necessary to ensure
prompt and accurate reporting. The board shall review all reports, including those submitted
after the deadline.
new text end

new text begin Subd. 7. new text end

new text begin Failure to report. new text end

new text begin Any person, institution, insurer, or organization that fails to
report as required under subdivisions 2 to 6 shall be subject to civil penalties for failing to
report as required by law.
new text end

Sec. 18.

new text begin [148G.16] IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting. new text end

new text begin Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting in good faith a report to
the board under section 148G.15 or for otherwise reporting in good faith to the board
violations or alleged violations of this chapter. All such reports are investigative data as
defined in chapter 13.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin (a) Members of the board and persons employed by the board
or engaged in the investigation of violations and in the preparation and management of
charges of violations of this chapter on behalf of the board, or persons participating in the
investigation or testifying regarding charges of violations, are immune from civil liability
and criminal prosecution for any actions, transactions, or publications in the execution of,
or relating to, their duties under this chapter.
new text end

new text begin (b) Members of the board and persons employed by the board or engaged in maintaining
records and making reports regarding adverse health care events are immune from civil
liability and criminal prosecution for any actions, transactions, or publications in the
execution of, or relating to, their duties under this chapter.
new text end

Sec. 19.

new text begin [148G.17] CERTIFIED MIDWIFE COOPERATION.
new text end

new text begin A certified midwife who is the subject of an investigation by or on behalf of the board
shall cooperate fully with the investigation. Cooperation includes responding fully and
promptly to any question raised by or on behalf of the board relating to the subject of the
investigation and providing copies of patient or other records in the certified midwife's
possession, as reasonably requested by the board, to assist the board in its investigation and
to appear at conferences and hearings scheduled by the board. The board shall pay for copies
requested. If the board does not have written consent from a patient permitting access to
the patient's records, the certified midwife shall delete any data in the record that identify
the patient before providing it to the board. The board shall maintain any records obtained
pursuant to this section as investigative data under chapter 13. The certified midwife shall
not be excused from giving testimony or producing any documents, books, records, or
correspondence on the grounds of self-incrimination, but the testimony or evidence must
not be used against the certified midwife in any criminal case.
new text end

Sec. 20.

new text begin [148G.18] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
new text end

new text begin Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court shall seal the administrative record, except for the board's final decision,
and shall not make the administrative record available to the public.
new text end

Sec. 21.

new text begin [148G.19] EXEMPTIONS.
new text end

new text begin The provisions of this chapter shall not prohibit:
new text end

new text begin (1) the furnishing of certified midwifery assistance in an emergency;
new text end

new text begin (2) the practice of certified midwifery by any legally qualified certified midwife of
another state who is employed by the United States government or any bureau, division, or
agency thereof while in the discharge of official duties;
new text end

new text begin (3) the practice of any profession or occupation licensed by the state, other than certified
midwifery, by any person licensed to practice the profession or occupation, or the
performance by a person of any acts properly coming within the scope of the profession,
occupation, or license;
new text end

new text begin (4) certified midwifery practice by a student practicing under the supervision of an
instructor while the student is enrolled in an approved certified midwifery education program;
or
new text end

new text begin (5) certified midwifery practice by a certified midwife licensed in another state, territory,
or jurisdiction who is in Minnesota temporarily:
new text end

new text begin (i) providing continuing or in-service education;
new text end

new text begin (ii) serving as a guest lecturer;
new text end

new text begin (iii) presenting at a conference; or
new text end

new text begin (iv) teaching didactic content via distance education to a student located in Minnesota
who is enrolled in a formal, structured course of study, such as a course leading to a higher
degree in midwifery.
new text end

Sec. 22.

new text begin [148G.20] VIOLATIONS; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Violations described. new text end

new text begin It is unlawful for any person, corporation, firm,
or association to:
new text end

new text begin (1) sell or fraudulently obtain or furnish any certified midwifery diploma, license, or
record, or aid or abet therein;
new text end

new text begin (2) practice certified midwifery under cover of any diploma, permit, license certified
midwife credential, or record illegally or fraudulently obtained or signed or issued unlawfully
or under fraudulent representation;
new text end

new text begin (3) practice certified midwifery unless the person is licensed to do so under this chapter;
new text end

new text begin (4) use the professional title certified midwife or licensed certified midwife unless
licensed to certified midwifery under this chapter;
new text end

new text begin (5) use any abbreviation or other designation tending to imply licensure as a certified
midwife unless licensed to practice certified midwifery under this chapter;
new text end

new text begin (6) practice certified midwifery in a manner prohibited by the board in any limitation
of a license issued under this chapter;
new text end

new text begin (7) practice certified midwifery during the time a license issued under this section is
suspended or revoked; or
new text end

new text begin (8) knowingly employ persons in the practice of certified midwifery who have not been
issued a current license to practice as a certified midwife in this state.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Any person, corporation, or association violating any provision of
subdivision 1 shall be guilty of a gross misdemeanor and shall be punished according to
law.
new text end

Sec. 23.

new text begin [148G.21] UNAUTHORIZED PRACTICE OF MIDWIFERY.
new text end

new text begin The practice of certified midwifery by any person who has not been licensed to practice
certified midwifery under this chapter, or whose license has been suspended or revoked, or
whose national certification credential has expired, is inimical to the public health and
welfare and constitutes a public nuisance. Upon a complaint being made by the board or
any prosecuting officer, and upon a proper showing of the facts, the district court of the
county where such practice occurred may enjoin such acts and practice. The injunction
proceeding shall be in addition to, and not in lieu of, all other penalties and remedies provided
by law.
new text end

Sec. 24.

Minnesota Statutes 2020, section 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, licensed
advanced practice registered nurse, new text begin licensed certified midwife, new text end or licensed physician assistant.
For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision
3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental
therapist authorized to dispense and administer under chapter 150A. For purposes of sections
151.252, subdivision 3, and 151.461, "practitioner" also means a pharmacist authorized to
prescribe self-administered hormonal contraceptives, nicotine replacement medications, or
opiate antagonists under section 151.37, subdivision 14, 15, or 16.