MN Legislature

Accessibility menu

Session laws use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of Chapter 162.

Menu

Revisor of Statutes Menu

Authenticate

Pdf

1999 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                            CHAPTER 162-S.F.No. 383 
                  An act relating to health occupations; clarifying 
                  licensure requirements for the practice of midwifery; 
                  appropriating money; proposing coding for new law as 
                  Minnesota Statutes, chapter 147D; repealing Minnesota 
                  Statutes 1998, sections 148.30; 148.31; and 148.32; 
                  Minnesota Rules, parts 5600.2000; and 5600.2100. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [147D.01] [DEFINITIONS.] 
           Subdivision 1.  [APPLICABILITY.] The definitions in this 
        section apply to this chapter. 
           Subd. 2.  [ADVISORY COUNCIL.] "Advisory council" means the 
        advisory council of traditional midwifery established under 
        section 147D.25. 
           Subd. 3.  [APPROVED EDUCATION PROGRAM.] "Approved education 
        program" means a university, college, or other education program 
        leading to eligibility for certification in midwifery that is 
        approved or accredited by the Midwifery Education and 
        Accreditation Council (MEAC) or its successor, or a national 
        accrediting organization recommended by the advisory council and 
        approved by the board.  
           Subd. 4.  [BOARD.] "Board" means the board of medical 
        practice. 
           Subd. 5.  [CONTACT HOUR.] "Contact hour" means 50 
        consecutive minutes, excluding coffee breaks, registration, 
        meals without a speaker, and social activities, of a 
        board-approved learning experience either through an 
        instructional session or clinical practice. 
           Subd. 6.  [CREDENTIAL.] "Credential" means a license, 
        permit, certification, registration, or other evidence of 
        qualification or authorization to engage in the practice of 
        traditional midwifery in this state or any other state. 
           Subd. 7.  [CREDENTIALING EXAMINATION.] "Credentialing 
        examination" means an examination administered by the North 
        American Registry of Midwives (NARM) or its successor, or other 
        national testing organization recommended by the advisory 
        council and approved by the board for credentialing as a 
        licensed traditional midwife.  A credentialing examination must 
        include a written examination and a skills assessment.  
           Subd. 8.  [NORMAL PREGNANCY.] "Normal pregnancy" means a 
        pregnancy that is progressing and proceeding spontaneously 
        without the need for medical intervention or the use of 
        instruments and where spontaneous onset of labor occurs between 
        37 and 42 weeks. 
           Subd. 9.  [TRADITIONAL MIDWIFERY SERVICES.] "Traditional 
        midwifery services" means the assessment and care of a woman and 
        newborn during pregnancy, labor, birth, and the postpartum 
        period outside a hospital.  
           Subd. 10.  [TRANSFER OF CARE.] "Transfer of care" means 
        transferring, during the course of pregnancy, the responsibility 
        of providing services to a client from the traditional midwife 
        to a licensed health care provider.  
           Subd. 11.  [TRANSPORT.] "Transport" means the transferring 
        during labor, birth, or the postpartum period of the client to a 
        hospital.  
           Sec. 2.  [147D.03] [MIDWIFERY.] 
           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.  
           Subd. 2.  [SCOPE OF PRACTICE.] The practice of traditional 
        midwifery includes, but is not limited to: 
           (1) initial and ongoing assessment for suitability of 
        traditional midwifery care; 
           (2) providing prenatal education and coordinating with a 
        licensed health care provider as necessary to provide 
        comprehensive prenatal care, including the routine monitoring of 
        vital signs, indicators of fetal developments, and laboratory 
        tests, as needed, with attention to the physical, nutritional, 
        and emotional needs of the woman and her family; 
           (3) attending and supporting the natural process of labor 
        and birth; 
           (4) postpartum care of the mother and an initial assessment 
        of the newborn; and 
           (5) providing information and referrals to community 
        resources on childbirth preparation, breast-feeding, exercise, 
        nutrition, parenting, and care of the newborn. 
           Subd. 3.  [UNAUTHORIZED SERVICES.] The practice of 
        traditional midwifery 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) the assisting of childbirth by artificial or mechanical 
        means; or 
           (3) the removal of a placenta accreta. 
           Sec. 3.  [147D.05] [PROFESSIONAL CONDUCT.] 
           Subdivision 1.  [PRACTICE STANDARDS.] (a) A licensed 
        traditional midwife shall provide an initial and ongoing 
        screening to ensure that each client receives safe and 
        appropriate care.  A licensed traditional midwife shall only 
        accept and provide care to those women who are expected to have 
        a normal pregnancy, labor, and delivery.  As part of the initial 
        screening to determine whether any contraindications are 
        present, the licensed traditional midwife must take a detailed 
        health history that includes the woman's social, medical, 
        surgical, menstrual, gynecological, contraceptive, obstetrical, 
        family, nutritional, and drug/chemical use histories.  If a 
        licensed traditional midwife determines at any time during the 
        course of the pregnancy that a woman's condition may preclude 
        attendance by a traditional midwife, the licensed traditional 
        midwife must refer the client to a licensed health care 
        provider.  As part of the initial and ongoing screening, a 
        licensed traditional midwife must recommend that the client 
        receive the following services, if indicated, from an 
        appropriate health care provider: 
           (1) initial laboratory pregnancy screening, including blood 
        group and type, antibody screen, Indirect Coombs, rubella titer, 
        CBC with differential and syphilis serology; 
           (2) gonorrhea and chlamydia cultures; 
           (3) screening for sickle cell; 
           (4) screening for hepatitis B and human immunodeficiency 
        virus (HIV); 
           (5) maternal serum alpha-fetoprotein test and ultrasound; 
           (6) Rh antibody and glucose screening at 28 weeks 
        gestation; 
           (7) mandated newborn screening; 
           (8) Rh screening of the infant for maternal RhoGAM 
        treatment; and 
           (9) screening for premature labor. 
           (b) A client must make arrangements to have the results of 
        any of the tests described in paragraph (a) sent to the licensed 
        traditional midwife providing services to the client.  The 
        licensed traditional midwife must include these results in the 
        client's record. 
           Subd. 2.  [WRITTEN PLAN.] A licensed traditional midwife 
        must prepare a written plan with each client to ensure 
        continuity of care throughout pregnancy, labor, and delivery.  
        The written plan must incorporate the conditions under which the 
        medical consultation plan, including the transfer of care or 
        transport of the client, may be implemented. 
           Subd. 3.  [HEALTH REGULATIONS.] A licensed traditional 
        midwife must comply with all applicable state and municipal 
        requirements regarding public health. 
           Subd. 4.  [CLIENT RECORDS.] A licensed traditional midwife 
        must maintain a client record on each client, including: 
           (1) a copy of the informed consent form described in 
        section 147D.07; 
           (2) evidence of an initial client screening described in 
        this section; 
           (3) a copy of the written plan described in subdivision 2; 
           (4) a record of prenatal and postpartum care provided to 
        the client at each visit; and 
           (5) a detailed record of the labor and delivery process. 
           Subd. 5.  [DATA.] All records maintained on each client by 
        a licensed traditional midwife are subject to section 144.335.  
           Sec. 4.  [147D.07] [INFORMED CONSENT.] 
           Subdivision 1.  [GENERAL.] Before providing any services to 
        a client, a licensed traditional midwife must:  
           (1) advise the client of the information contained in the 
        informed consent form; 
           (2) provide the client with an informed consent form; and 
           (3) have the form returned with the client's signature 
        attesting that the client understands the consent form and the 
        information contained in the form. 
           Subd. 2.  [CONTENTS.] The informed consent form must be 
        written in language understandable to the client and, at a 
        minimum, must contain the following: 
           (1) name, address, telephone number, and license number of 
        the licensed traditional midwife; 
           (2) a description of the licensed traditional midwife's 
        education, training, and experience in traditional midwifery; 
           (3) the licensed traditional midwife's fees and method of 
        billing; 
           (4) the right of the client to file a complaint with the 
        board and the procedures for filing a complaint; 
           (5) a description of the licensed traditional midwife's 
        medical consultation plan and the antepartum, intrapartum, and 
        postpartum conditions requiring consultation, transfer of care, 
        or transport to a hospital; 
           (6) the scope of care and services to be provided to the 
        client by the licensed traditional midwife; 
           (7) the available alternatives to traditional midwifery 
        care; 
           (8) a statement indicating that the client's records and 
        any transaction with the licensed traditional midwife are 
        confidential; 
           (9) a notice that reads:  "We realize that there are risks 
        associated with birth, including the risk of death or disability 
        of either mother or child.  We understand that a situation may 
        arise, which requires emergency medical care and that it may not 
        be possible to transport the mother and/or baby to the hospital 
        in time to benefit from such care.  We fully accept the outcome 
        and consequences of our decision to have a licensed traditional 
        midwife attend us during pregnancy and at our birth.  We realize 
        that our licensed traditional midwife is not licensed to 
        practice medicine.  We are not seeking a licensed physician or 
        certified nurse midwife as the primary caregiver for this 
        pregnancy, and we understand that our licensed traditional 
        midwife shall inform us of any observed signs or symptoms of 
        disease, which may require evaluation, care, or treatment by a 
        medical practitioner.  We agree that we are totally responsible 
        for obtaining qualified medical assistance for the care of any 
        disease or pathological condition."; 
           (10) the right of a client to refuse services unless 
        otherwise provided by law; 
           (11) a disclosure of whether the licensed traditional 
        midwife carries malpractice or liability insurance; and 
           (12) the client's and licensed traditional midwife's 
        signatures and date of signing. 
           Subd. 3.  [FILING.] The licensed traditional midwife must 
        have a signed informed consent form on file for each client.  
        Upon request, the licensed traditional midwife must provide a 
        copy of the informed consent form to the board.  
           Sec. 5.  [147D.09] [LIMITATIONS OF PRACTICE.] 
           (a) A licensed traditional midwife shall not prescribe, 
        dispense, or administer prescription drugs, except as permitted 
        under paragraph (b). 
           (b) A licensed traditional midwife may administer vitamin K 
        either orally or through intramuscular injection, postpartum 
        antihemorrhagic drugs under emergency situations, local 
        anesthetic, oxygen, and a prophylactic eye agent to the newborn 
        infant.  
           (c) A licensed traditional midwife shall not perform any 
        operative or surgical procedures except for suture repair of 
        first- or second-degree perineal lacerations.  
           Sec. 6.  [147D.11] [MEDICAL CONSULTATION PLAN.] 
           (a) To be eligible for licensure as a traditional midwife, 
        an applicant must develop a medical consultation plan, including 
        an emergency plan.  The plan must describe guidelines and under 
        what conditions the plan is to be implemented for: 
           (1) consultation with a licensed health care provider; 
           (2) the transfer of care to a licensed health care 
        provider; and 
           (3) immediate transport to a hospital. 
           (b) The conditions requiring the implementation of the 
        medical consultation plan must meet at a minimum the conditions 
        established by the Minnesota Midwives Guild in the Standards of 
        Care and Certification Guide, the most current edition. 
           Sec. 7.  [147D.13] [REPORTING.] 
           Subdivision 1.  [CERTIFICATE OF BIRTH.] A licensed 
        traditional midwife must complete a certificate of birth in 
        accordance with section 144.215. 
           Subd. 2.  [PRACTICE REPORT.] (a) A licensed traditional 
        midwife must compile a summary report on each client.  The 
        report must include the following: 
           (1) vital statistics; 
           (2) scope of care administered; 
           (3) whether the medical consultation plan was implemented; 
        and 
           (4) any physician or other health care provider referrals 
        made. 
           (b) The board may review these reports at any time upon 
        request.  
           Subd. 3.  [PUBLIC HEALTH REPORT.] A licensed traditional 
        midwife must promptly report to the commissioner of health and 
        to the board any maternal, fetal, or neonatal mortality or 
        morbidity. 
           Subd. 4.  [DISCIPLINARY ACTION.] A licensed traditional 
        midwife must report to the board termination, revocation, or 
        suspension of the licensed traditional midwife's certification 
        or any disciplinary action taken against the licensed 
        traditional midwife by the North American Registry of Midwives. 
           Sec. 8.  [147D.15] [PROTECTED TITLES.] 
           Subdivision 1.  [PROTECTED TITLES.] No person may use the title 
        "licensed traditional midwife," or "licensed midwife," or use, 
        in connection with the person's name, the letters "LTM," "LM," 
        or any other titles, words, letters, abbreviations, or insignia 
        indicating or implying that the person is licensed or eligible 
        for licensure by the state as a licensed traditional midwife 
        unless the person has been licensed as a licensed traditional 
        midwife according to this chapter. 
           Subd. 2.  [PROHIBITED FROM PRACTICING.] A person whose 
        license under this chapter has been revoked by the board is 
        prohibited from practicing traditional midwifery. 
           Subd. 3.  [PENALTY.] A person who violates this section is 
        guilty of a misdemeanor. 
           Sec. 9.  [147D.17] [LICENSURE REQUIREMENTS.] 
           Subdivision 1.  [GENERAL REQUIREMENTS FOR LICENSURE.] To be 
        eligible for licensure, an applicant, with the exception of 
        those seeking licensure by reciprocity under subdivision 2, must:
           (1) submit a completed application on forms provided by the 
        board along with all fees required under section 147D.27 that 
        includes: 
           (i) the applicant's name, social security number, home 
        address and telephone number, and business address and telephone 
        number; 
           (ii) a list of degrees received from educational 
        institutions; 
           (iii) a description of the applicant's professional 
        training; 
           (iv) a list of registrations, certifications, and licenses 
        held in other jurisdictions; 
           (v) a description of any other jurisdiction's refusal to 
        credential the applicant; 
           (vi) a description of all professional disciplinary actions 
        initiated against the applicant in any jurisdiction; and 
           (vii) any history of drug or alcohol abuse, and any 
        misdemeanor or felony conviction; 
           (2) submit a diploma from an approved education program or 
        submit evidence of having completed an apprenticeship; 
           (3) submit a verified copy of a valid and current 
        credential, issued by the North American Registry of Midwives or 
        other national organization recommended by the advisory council 
        and approved by the board, as a certified professional midwife; 
           (4) submit current certification from the American Heart 
        Association or the American Red Cross for adult and infant 
        cardiopulmonary resuscitation; 
           (5) submit a copy of the applicant's medical consultation 
        plan; 
           (6) submit documentation verifying that the applicant has 
        the following practical experience through an apprenticeship or 
        other supervisory setting: 
           (i) the provision of 75 prenatal examinations, including 20 
        initial examinations; 
           (ii) supervised participation in 20 births, ten of which 
        must be in a home setting; 
           (iii) participation as the primary birth attendant under 
        the supervision of a licensed traditional midwife at an 
        additional 20 births, ten of which must have occurred outside a 
        state licensed health care facility; 
           (iv) 20 newborn examinations; and 
           (v) 40 postpartum examinations; 
           (7) submit additional information as requested by the 
        board, including any additional information necessary to ensure 
        that the applicant is able to practice with reasonable skill and 
        safety to the public; 
           (8) sign a statement that the information in the 
        application is true and correct to the best of the applicant's 
        knowledge and belief; and 
           (9) sign a waiver authorizing the board to obtain access to 
        the applicant's records in this or any other state in which the 
        applicant has completed an approved education program or engaged 
        in the practice of traditional midwifery. 
           Subd. 2.  [LICENSURE BY RECIPROCITY.] To be eligible for 
        licensure by reciprocity, the applicant must be credentialed by 
        the North American Registry of Midwives or other national 
        organization recommended by the advisory council and approved by 
        the board and must: 
           (1) submit the application materials and appropriate fees 
        as required under subdivision 1, clauses (1), (3), (4), (5), 
        (6), (7), (8), and (9); and section 147D.27; 
           (2) provide a verified copy from the appropriate body of a 
        current and unrestricted credential for the practice of 
        traditional midwifery in another jurisdiction that has initial 
        credentialing requirements equivalent to or higher than the 
        requirements in subdivision 1; and 
           (3) provide letters of verification from the appropriate 
        government body in each jurisdiction in which the applicant 
        holds a credential.  Each letter must state the applicant's 
        name, date of birth, credential number, date of issuance, a 
        statement regarding disciplinary actions, if any, taken against 
        the applicant, and if the applicant is in good standing in that 
        jurisdiction. 
           Subd. 3.  [TEMPORARY PERMIT.] The board may issue a 
        temporary permit to practice as a licensed traditional midwife 
        to an applicant eligible for licensure under this section if the 
        application for licensure is complete, all applicable 
        requirements in this section have been met, and a nonrefundable 
        fee set by the board has been paid.  The permit remains valid 
        only until the meeting of the board at which a decision is made 
        on the application for licensure. 
           Subd. 4.  [LICENSURE BY EQUIVALENCY DURING TRANSITION 
        PERIOD.] (a) From July 1, 1999, to July 1, 2001, a person may 
        qualify for licensure if the person has engaged in the practice 
        of traditional midwifery in this state for at least five years 
        in the period from July 1, 1994, to June 30, 1999, and submits 
        documentation verifying the practical experience described in 
        subdivision 1, clause (6).  To be eligible for licensure under 
        this subdivision, the person must also submit the application 
        materials and the appropriate fees required under subdivision 1, 
        clauses (1), (4), (5), (6), (7), (8), and (9), and section 
        147D.27. 
           (b) An application for licensure under this subdivision 
        must be submitted to the board between July 1, 1999, and June 
        30, 2001.  Licensure under this subdivision may be renewed once. 
        Within a two-year period from the date a license is issued by 
        the board in accordance with this subdivision, the licensed 
        traditional midwife must obtain a certification from the North 
        American Registry of Midwives as a certified professional 
        midwife.  If certification is not obtained within this time 
        period, the licensed traditional midwife must obtain a new 
        license by applying for licensure and fulfilling the 
        requirements then in existence for obtaining an initial license 
        as a licensed traditional midwife. 
           Subd. 5.  [LICENSE EXPIRATION.] Licenses issued under this 
        chapter expire annually. 
           Subd. 6.  [RENEWAL.] To be eligible for license renewal, a 
        licensed traditional midwife must: 
           (1) complete a renewal application on a form provided by 
        the board; 
           (2) submit the renewal fee; 
           (3) provide evidence every three years of a total of 30 
        hours of continuing education approved by the board as described 
        in section 147D.21; 
           (4) submit evidence of an annual peer review and update of 
        the licensed traditional midwife's medical consultation plan; 
        and 
           (5) submit any additional information requested by the 
        board.  The information must be submitted within 30 days after 
        the board's request, or the renewal request is nullified. 
           Subd. 7.  [CHANGE OF ADDRESS.] A licensed traditional 
        midwife who changes addresses must inform the board within 30 
        days, in writing, of the change of address.  All notices or 
        other correspondence mailed to or served on a licensed 
        traditional midwife by the board at the licensed traditional 
        midwife's address on file with the board shall be considered as 
        having been received by the licensed traditional midwife. 
           Subd. 8.  [LICENSE RENEWAL NOTICE.] At least 30 days before 
        the license renewal date, the board shall send out a renewal 
        notice to the last known address of the licensed traditional 
        midwife on file.  The notice must include a renewal application 
        and a notice of fees required for renewal.  It must also inform 
        the licensed traditional midwife that licensure will expire 
        without further action by the board if an application for 
        license renewal is not received before the deadline for 
        renewal.  The licensed traditional midwife's failure to receive 
        this notice shall not relieve the licensed traditional midwife 
        of the obligation to meet the deadline and other requirements 
        for license renewal.  Failure to receive this notice is not 
        grounds for challenging expiration of licensure status. 
           Subd. 9.  [RENEWAL DEADLINE.] The renewal application and 
        fee must be postmarked on or before July 1 or as determined by 
        the board.  If the postmark is illegible, the application shall 
        be considered timely if received by the third working day after 
        the deadline. 
           Subd. 10.  [INACTIVE STATUS AND RETURN TO ACTIVE STATUS.] 
        (a) A license may be placed in inactive status upon application 
        to the board by the licensed traditional midwife and upon 
        payment of an inactive status fee.  
           (b) Licensed traditional midwives seeking restoration to 
        active from inactive status must pay the current renewal fees 
        and all unpaid back inactive fees.  They must meet the criteria 
        for renewal specified in subdivision 6, including continuing 
        education hours equivalent to one hour for each month of 
        inactive status, prior to submitting an application to regain 
        licensure status.  If the inactive status extends beyond five 
        years, a qualifying score on a credentialing examination, or 
        completion of an advisory council-approved eight-week supervised 
        practical experience is required.  If the licensed traditional 
        midwife intends to regain active licensure by means of eight 
        weeks of advisory council-approved practical experience, the 
        licensed traditional midwife shall be granted temporary 
        licensure for a period of no longer than six months. 
           Subd. 11.  [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS 
        FOR TWO YEARS OR LESS.] For any individual whose licensure 
        status has lapsed for two years or less, to regain licensure 
        status, the individual must: 
           (1) apply for license renewal according to subdivision 6; 
           (2) document compliance with the continuing education 
        requirements of section 147D.21 since the licensed traditional 
        midwife's initial licensure or last renewal; and 
           (3) submit the fees required under section 147D.27 for the 
        period not licensed, including the fee for late renewal. 
           Subd. 12.  [CANCELLATION DUE TO NONRENEWAL.] The board 
        shall not renew, reissue, reinstate, or restore a license that 
        has lapsed and has not been renewed within two licensure renewal 
        cycles starting July 1999.  A licensed traditional midwife whose 
        license is canceled for nonrenewal must obtain a new license by 
        applying for licensure and fulfilling all requirements then in 
        existence for initial licensure as a licensed traditional 
        midwife.  
           Subd. 13.  [CANCELLATION OF LICENSURE IN GOOD 
        STANDING.] (a) A licensed traditional midwife holding an active 
        license as a licensed traditional midwife in the state may, upon 
        approval of the board, be granted licensure cancellation if the 
        board is not investigating the person as a result of a complaint 
        or information received or if the board has not begun 
        disciplinary proceedings against the licensed traditional 
        midwife.  Such action by the board shall be reported as a 
        cancellation of licensure in good standing. 
           (b) A licensed traditional midwife who receives board 
        approval for licensure cancellation is not entitled to a refund 
        of any license fees paid for the licensure period in which 
        cancellation of the license occurred. 
           (c) To obtain licensure after cancellation, a licensed 
        traditional midwife must obtain a new license by applying for 
        licensure and fulfilling the requirements then in existence for 
        obtaining an initial license as a traditional midwife.  
           Sec. 10.  [147D.19] [BOARD ACTION ON APPLICATIONS FOR 
        LICENSURE.] 
           (a) The board shall act on each application for licensure 
        according to paragraphs (b) to (d). 
           (b) The board shall determine if the applicant meets the 
        requirements for licensure under section 147D.17.  The board or 
        advisory council may investigate information provided by an 
        applicant to determine whether the information is accurate and 
        complete.  
           (c) The board shall notify each applicant in writing of 
        action taken on the application, the grounds for denying 
        licensure if licensure is denied, and the applicant's right to 
        review under paragraph (d).  
           (d) Applicants denied licensure may make a written request 
        to the board, within 30 days of the board's notice, to appear 
        before the advisory council and for the advisory council to 
        review the board's decision to deny the applicant's license.  
        After reviewing the denial, the advisory council shall make a 
        recommendation to the board as to whether the denial shall be 
        affirmed.  Each applicant is allowed only one request for review 
        per licensure period.  
           Sec. 11.  [147D.21] [CONTINUING EDUCATION REQUIREMENTS.] 
           Subdivision 1.  [NUMBER OF REQUIRED CONTACT HOURS.] Three 
        years after the date of initial licensure and every three years 
        thereafter, a licensed traditional midwife must complete a 
        minimum of 30 contact hours of board-approved continuing 
        education and attest to completion of continuing education 
        requirements by reporting to the board.  At least five contact 
        hours within a three-year reporting period must involve adult 
        cardiopulmonary resuscitation and either infant cardiopulmonary 
        resuscitation or neonatal advanced life support. 
           Subd. 2.  [APPROVAL OF CONTINUING EDUCATION PROGRAMS.] The 
        board shall approve continuing education programs that meet the 
        following criteria: 
           (1) the program content directly relates to the practice of 
        traditional midwifery; 
           (2) each member of the program faculty is knowledgeable in 
        the subject matter as demonstrated by a degree from an 
        accredited education program, verifiable experience in the field 
        of traditional midwifery, special training in the subject 
        matter, or experience teaching in the subject area; 
           (3) the program lasts at least one contact hour; 
           (4) there are specific, measurable, written objectives, 
        consistent with the program, describing the expected outcomes 
        for the participants; and 
           (5) the program sponsor has a mechanism to verify 
        participation and maintains attendance records for three years. 
           Subd. 3.  [CONTINUING EDUCATION TOPICS.] Continuing 
        education program topics may include, but are not limited to, 
        traditional midwifery care in the prenatal, labor, birth, and 
        postpartum and newborn periods; assessing contraindications; 
        care in emergency situations; ethics; and nutrition. 
           Subd. 4.  [ACCUMULATION OF CONTACT HOURS.] A licensed 
        traditional midwife may not apply contact hours acquired in one 
        three-year reporting period to a future continuing education 
        reporting period.  
           Subd. 5.  [VERIFICATION OF CONTINUING EDUCATION CREDITS.] 
        The board shall periodically select a random sample of licensed 
        traditional midwives and require those licensed traditional 
        midwives to supply the board with evidence of having completed 
        the continuing education to which they attested.  Documentation 
        may come directly from the licensed traditional midwife or from 
        state or national organizations that maintain continuing 
        education records. 
           Sec. 12.  [147D.23] [DISCIPLINE; REPORTING.] 
           For purposes of this chapter, licensed traditional midwives 
        and applicants are subject to the provisions of sections 147.091 
        to 147.162. 
           Sec. 13.  [147D.25] [ADVISORY COUNCIL ON LICENSED 
        TRADITIONAL MIDWIFERY.] 
           Subdivision 1.  [MEMBERSHIP.] The board shall appoint a 
        five-member advisory council on licensed traditional midwifery.  
        One member shall be a licensed physician who has been or is 
        currently consulting with licensed traditional midwives, 
        appointed from a list of names submitted to the board by the 
        Minnesota Medical Association.  Three members shall be licensed 
        traditional midwives appointed from a list of names submitted to 
        the board by Midwifery Now.  One member shall be a homebirth 
        parent appointed from a list of names submitted to the board by 
        Minnesota Families for Midwifery.  
           Subd. 2.  [ORGANIZATION.] The advisory council shall be 
        organized and administered under section 15.059.  The council 
        expires June 30, 2003.  
           Subd. 3.  [DUTIES.] The advisory council shall: 
           (1) advise the board regarding standards for licensed 
        traditional midwives; 
           (2) provide for distribution of information regarding 
        licensed traditional midwifery practice standards; 
           (3) advise the board on enforcement of this chapter; 
           (4) review applications and recommend granting or denying 
        licensure or license renewal; 
           (5) advise the board on issues related to receiving and 
        investigating complaints, conducting hearings, and imposing 
        disciplinary action in relation to complaints against licensed 
        traditional midwives; 
           (6) advise the board regarding approval of continuing 
        education programs using the criteria in section 147D.21, 
        subdivision 2; 
           (7) recommend alternate accrediting and credentialing 
        organizations or agencies to the board; and 
           (8) perform other duties authorized for advisory councils 
        by chapter 214, as directed by the board. 
           Sec. 14.  [147D.27] [FEES.] 
           Subdivision 1.  [LICENSURE FEE.] The license application 
        fee is $100.  The fee for initial licensure and annual renewal 
        is $100.  The fee for inactive status is $50.  The fee for a 
        temporary permit is $75.  
           Subd. 2.  [PRORATION OF FEES.] The board may prorate the 
        initial licensure fee.  All licensed traditional midwives are 
        required to pay the full fee upon license renewal. 
           Subd. 3.  [PENALTY FEE FOR LATE RENEWALS.] An application 
        for license renewal submitted after the deadline must be 
        accompanied by a late fee of $75 in addition to the required 
        fees. 
           Subd. 4.  [NONREFUNDABLE FEES.] The fees in this section 
        are nonrefundable.  
           Sec. 15.  [APPROPRIATION.] 
           $8,000 is appropriated for fiscal year 2000 and $4,000 is 
        appropriated for fiscal year 2001 from the state government 
        special revenue fund to the board of medical practice for the 
        licensure and regulation of traditional midwives as required 
        under Minnesota Statutes, chapter 147D. 
           Sec. 16.  [REPEALER.] 
           Minnesota Statutes 1998, sections 148.30; 148.31; and 
        148.32, are repealed. 
           Minnesota Rules, parts 5600.2000; and 5600.2100, are 
        repealed. 
           Presented to the governor May 11, 1999 
           Became law without the governor's signature May 13, 1999

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569