SF 1119

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/25/2015 11:15am

A bill for an act
relating to health occupations; changing the regulatory agency for licensed
midwives from the Board of Medical Practice to the commissioner of health;
amending Minnesota Statutes 2014, sections 147D.01, subdivisions 3, 4, 5,
7; 147D.05, subdivision 1; 147D.07, subdivisions 2, 3; 147D.09; 147D.13,
subdivisions 2, 3, 4; 147D.15, subdivision 2; 147D.17, subdivisions 1, 2, 3,
5, 6, 7, 8, 9, 10, 12, 13; 147D.19; 147D.21, subdivisions 1, 2, 5; 147D.25,
subdivisions 1, 3; 147D.27, subdivisions 1, 2; proposing coding for new law in
Minnesota Statutes, chapter 147D; repealing Minnesota Statutes 2014, sections
147D.17, subdivision 4; 147D.23.

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

Section 1.

Minnesota Statutes 2014, section 147D.01, subdivision 3, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end .

Sec. 2.

Minnesota Statutes 2014, section 147D.01, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Board deleted text end new text begin Commissioner new text end .

deleted text begin "Board" deleted text end new text begin "Commissioner" new text end means the deleted text begin Board of
Medical Practice deleted text end new text begin commissioner of health new text end .

Sec. 3.

Minnesota Statutes 2014, section 147D.01, subdivision 5, is amended to read:

Subd. 5.

Contact hour.

"Contact hour" means 50 consecutive minutes,
excluding coffee breaks, registration, meals without a speaker, and social activities,
of a deleted text begin board-approved deleted text end new text begin advisory council-approved new text end learning experience either through an
instructional session or clinical practice.

Sec. 4.

Minnesota Statutes 2014, section 147D.01, subdivision 7, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end for credentialing as a licensed traditional midwife. A
credentialing examination must include a written examination and a skills assessment.

Sec. 5.

Minnesota Statutes 2014, section 147D.05, subdivision 1, is amended to read:

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 new text begin provide or new text end 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.

Sec. 6.

Minnesota Statutes 2014, section 147D.07, subdivision 2, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end 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.

Sec. 7.

Minnesota Statutes 2014, section 147D.07, subdivision 3, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end .

Sec. 8.

Minnesota Statutes 2014, section 147D.09, is amended to read:

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, new text begin maternal RhoGAM treatment, new text end 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. 9.

Minnesota Statutes 2014, section 147D.13, subdivision 2, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner or advisory council new text end may review these reports at any
time upon request.

Sec. 10.

Minnesota Statutes 2014, section 147D.13, subdivision 3, is amended to read:

Subd. 3.

Public health report.

A licensed traditional midwife must promptly report
to the commissioner deleted text begin of health and to the board deleted text end any maternal, fetal, or neonatal mortality
or morbidity.

Sec. 11.

Minnesota Statutes 2014, section 147D.13, subdivision 4, is amended to read:

Subd. 4.

Disciplinary action.

A licensed traditional midwife must report to the
deleted text begin board deleted text end new text begin commissioner new text end termination, revocation, or suspension of the licensed traditional
midwife's certification or any deleted text begin disciplinary deleted text end new text begin incident review new text end action taken against the licensed
traditional midwife by the North American Registry of Midwives.

Sec. 12.

Minnesota Statutes 2014, section 147D.15, subdivision 2, is amended to read:

Subd. 2.

Prohibited from practicing.

A person whose license under this chapter
has been revoked by the deleted text begin board deleted text end new text begin commissioner new text end is prohibited from practicing traditional
midwifery.

Sec. 13.

Minnesota Statutes 2014, section 147D.17, subdivision 1, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end
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 deleted text begin board deleted text end new text begin commissioner new text end , 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 deleted text begin board deleted text end new text begin commissioner or
advisory council new text end , 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 deleted text begin board deleted text end new text begin commissioner new text end 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.

Sec. 14.

Minnesota Statutes 2014, section 147D.17, subdivision 2, is amended to read:

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 deleted text begin board deleted text end new text begin
commissioner new text end 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.

Sec. 15.

Minnesota Statutes 2014, section 147D.17, subdivision 3, is amended to read:

Subd. 3.

Temporary permit.

The deleted text begin board deleted text end new text begin commissioner new text end 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 deleted text begin board deleted text end new text begin commissioner new text end
has been paid. The permit remains valid only until deleted text begin the meeting of the board at which deleted text end a
decision is made on the application for licensure.

Sec. 16.

Minnesota Statutes 2014, section 147D.17, subdivision 5, is amended to read:

Subd. 5.

License expiration.

Licenses issued under this chapter expire deleted text begin annually deleted text end new text begin
every three years new text end .

Sec. 17.

Minnesota Statutes 2014, section 147D.17, subdivision 6, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end ;

(2) submit the renewal fee;

(3) provide evidence every three years of a total of 30 hours of continuing education
approved by the deleted text begin board deleted text end new text begin commissioner new text end 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 deleted text begin board deleted text end new text begin commissioner new text end . The
information must be submitted within 30 days after the deleted text begin board's deleted text end new text begin commissioner's new text end request, or
the renewal request is nullified.

Sec. 18.

Minnesota Statutes 2014, section 147D.17, subdivision 7, is amended to read:

Subd. 7.

Change of address.

A licensed traditional midwife who changes addresses
must inform the deleted text begin board deleted text end new text begin commissioner new text end 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 deleted text begin board deleted text end new text begin commissioner new text end at the licensed traditional midwife's address on file with
the deleted text begin board deleted text end new text begin commissioner new text end shall be considered as having been received by the licensed
traditional midwife.

Sec. 19.

Minnesota Statutes 2014, section 147D.17, subdivision 8, is amended to read:

Subd. 8.

License renewal notice.

At least 30 days before the license renewal date,
the deleted text begin board deleted text end new text begin commissioner new text end 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 deleted text begin board deleted text end new text begin commissioner new text end 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.

Sec. 20.

Minnesota Statutes 2014, section 147D.17, subdivision 9, is amended to read:

Subd. 9.

Renewal deadline.

The renewal application and fee must be postmarked
on or before July 1 or as determined by the deleted text begin board deleted text end new text begin commissioner new text end . If the postmark is
illegible, the application shall be considered timely if received by the third working day
after the deadline.

Sec. 21.

Minnesota Statutes 2014, section 147D.17, subdivision 10, is amended to read:

Subd. 10.

Inactive status and return to active status.

(a) A license may be placed
in inactive status upon application to the deleted text begin board deleted text end new text begin commissioner new text end 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.

Sec. 22.

Minnesota Statutes 2014, section 147D.17, subdivision 12, is amended to read:

Subd. 12.

Cancellation due to nonrenewal.

The deleted text begin board deleted text end new text begin commissioner new text end 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.

Sec. 23.

Minnesota Statutes 2014, section 147D.17, subdivision 13, is amended to read:

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 deleted text begin board deleted text end new text begin commissioner new text end , be granted licensure cancellation if the
deleted text begin board is deleted text end new text begin commissioner or advisory council are new text end not investigating the person as a result
of a complaint or information received or if the deleted text begin board deleted text end new text begin commissioner new text end has not begun
disciplinary proceedings against the licensed traditional midwife. Such action by the
deleted text begin board deleted text end new text begin commissioner new text end shall be reported as a cancellation of licensure in good standing.

(b) A licensed traditional midwife who receives deleted text begin board deleted text end new text begin the commissioner's new text end 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. 24.

Minnesota Statutes 2014, section 147D.19, is amended to read:

147D.19 deleted text begin BOARD deleted text end new text begin COMMISSIONER new text end ACTION ON APPLICATIONS FOR
LICENSURE.

(a) The deleted text begin board deleted text end new text begin commissioner new text end shall act on each application for licensure according
to paragraphs (b) to (d).

(b) The deleted text begin board deleted text end new text begin commissioner new text end shall determine if the applicant meets the requirements
for licensure under section 147D.17. The deleted text begin board deleted text end new text begin commissioner new text end or advisory council may
investigate information provided by an applicant to determine whether the information
is accurate and complete.

(c) The deleted text begin board deleted text end new text begin commissioner new text end 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 deleted text begin board deleted text end new text begin
commissioner new text end , within 30 days of the deleted text begin board's deleted text end new text begin commissioner's new text end notice, to appear before
the advisory council and for the advisory council to review the deleted text begin board's deleted text end new text begin commissioner's new text end
decision to deny the applicant's license. After reviewing the denial, the advisory council
shall make a recommendation to the deleted text begin board deleted text end new text begin commissioner new text end as to whether the denial shall be
affirmed. Each applicant is allowed only one request for review per licensure period.

Sec. 25.

Minnesota Statutes 2014, section 147D.21, subdivision 1, is amended to read:

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 deleted text begin board-approved deleted text end new text begin advisory council-approved new text end
continuing education and attest to completion of continuing education requirements by
reporting to the deleted text begin board deleted text end new text begin commissioner new text end . 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.

Sec. 26.

Minnesota Statutes 2014, section 147D.21, subdivision 2, is amended to read:

Subd. 2.

Approval of continuing education programs.

The deleted text begin board deleted text end new text begin advisory council new text end
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.

Sec. 27.

Minnesota Statutes 2014, section 147D.21, subdivision 5, is amended to read:

Subd. 5.

Verification of continuing education credits.

The deleted text begin board deleted text end new text begin advisory council new text end
shall periodically select a random sample of licensed traditional midwives and require
those licensed traditional midwives to supply the deleted text begin board deleted text end new text begin advisory council new text end 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. 28.

new text begin [147D.22] PROHIBITED CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited conduct. new text end

new text begin The commissioner may impose disciplinary
action as described in section 147D.24 against any licensed traditional midwife. The
following conduct is prohibited and is grounds for disciplinary action:
new text end

new text begin (1) conviction of a crime, including a finding or verdict of guilt, an admission of
guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United
States reasonably related to the conduct specified in this section. "Conviction," as used
in this subdivision, includes a conviction of an offense which, if committed in this state,
would be deemed a felony, gross misdemeanor, or misdemeanor, without regard to its
designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is
made or returned but the adjudication of guilt is either withheld or not entered;
new text end

new text begin (2) conviction of any crime against a person. For purposes of this chapter, a "crime
against a person" means violations of the following sections: 609.185; 609.19; 609.195;
609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223;
609.224; 609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24;
609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;
609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1,
clause (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes
2012, section 609.21;
new text end

new text begin (3) demonstrating a willful or careless disregard for the health, welfare, or safety
of a client;
new text end

new text begin (4) engaging in sexual contact with a client, engaging in contact that may be
reasonably interpreted by a client as sexual, engaging in any verbal behavior that is
seductive or sexually demeaning to the client, or engaging in sexual exploitation of
a client or former client;
new text end

new text begin (5) advertising that is false, fraudulent, deceptive, or misleading;
new text end

new text begin (6) adjudication as mentally incompetent or as a person who is dangerous to
self or adjudication pursuant to chapter 253B as chemically dependent, mentally ill,
developmentally disabled, or mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person;
new text end

new text begin (7) inability to engage in traditional midwifery services with reasonable safety
to clients;
new text end

new text begin (8) the habitual overindulgence in the use of or the dependence on intoxicating
liquors;
new text end

new text begin (9) improper or unauthorized personal or other use of any legend drugs as defined
in chapter 151, any chemicals as defined in chapter 151, or any controlled substance as
defined in chapter 152;
new text end

new text begin (10) revealing a communication from, or relating to a client, except when otherwise
required or permitted by law;
new text end

new text begin (11) splitting fees or promising to pay a portion of a fee to any other professional
other than for services rendered by the other professional to the client;
new text end

new text begin (12) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws;
new text end

new text begin (13) failure to provide information in response to a written request by the
commissioner or advisory council or to cooperate with an investigation conducted by the
commissioner or advisory council;
new text end

new text begin (14) obtaining money, property, or services from a client, other than reasonable
fees for services provided to the client, through the use of undue influence, harassment,
duress, deception, or fraud;
new text end

new text begin (15) intentionally submitting false or misleading information to the commissioner
or the advisory council;
new text end

new text begin (16) violating any order issued by the commissioner;
new text end

new text begin (17) failure to comply with any provision of the chapter and any rules adopted
under those sections;
new text end

new text begin (18) revocation, suspension, restriction, limitation, or other disciplinary action
against any health care license, certificate, registration, or right to practice traditional
midwifery in this or another state or jurisdiction for offenses that would be subject to
disciplinary action in this state or failure to report to the commissioner that charges
regarding the licensee's license, certificate, registration, or right of practice have been
brought in this or another state or jurisdiction;
new text end

new text begin (19) use of the title "doctor," "Dr.," or "physician" alone or in combination with any
other words, letters, or insignia;
new text end

new text begin (20) performing a medical diagnosis or providing services other than traditional
midwifery services, without being licensed to do so under the laws of this state; and
new text end

new text begin (21) any other just cause related to the licensed practice of traditional midwifery.
new text end

new text begin Subd. 2. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging a violation of subdivision 1,
clause (1), (2), or (6), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered the same is admissible into
evidence without further authentication and constitutes prima facie evidence of its contents.
new text end

new text begin Subd. 3. new text end

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

new text begin (a) If the commissioner has
probable cause to believe that a licensed traditional midwife has engaged in conduct
prohibited by subdivision 1, clause (6), (8), or (9), the commissioner may issue an
order directing the licensee to submit to a mental or physical examination or chemical
dependency evaluation. For the purpose of this subdivision, every licensed traditional
midwife is deemed to have consented to submit to a mental or physical examination or
chemical dependency evaluation when ordered to do so in writing by the commissioner
and further to have waived all objections to the admissibility of the testimony or
examination reports of the health care provider performing the examination or evaluation
on the grounds that the same constitute a privileged communication. Failure of a licensee
to submit to an examination or evaluation when ordered, unless the failure was due to
circumstances beyond the licensee's control, constitutes an admission that the licensee
violated subdivision 1, clause (6), (8), or (9), based on the factual specifications in the
examination or evaluation order and may result in a default and final disciplinary order
being entered after a contested case hearing. A licensee affected under this paragraph shall
at reasonable intervals be given an opportunity to demonstrate that the licensee can resume
the provision of midwifery with reasonable safety to clients. In any proceeding under this
paragraph, neither the record of proceedings nor the orders entered by the commissioner
shall be used against a licensee in any other proceeding.
new text end

new text begin (b) In addition to ordering a physical or mental examination or chemical dependency
evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or
any other law limiting access to medical or other health data, obtain medical data and
health records relating to a licensed traditional midwife without the licensee's consent if
the commissioner has probable cause to believe that a licensee has engaged in conduct
prohibited by subdivision 1, clause (6), (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 commissioner under this subdivision and is not liable in any action for damages for
releasing the data requested by the commissioner if the data are released pursuant to a
written request under this subdivision, unless the information is false and the person or
organization giving the information knew or had reason to believe the information was
false. Information obtained under this subdivision is private data under section 13.41.
new text end

Sec. 29.

new text begin [147D.24] DISCIPLINARY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Forms of disciplinary action. new text end

new text begin (a) When the commissioner finds that
a licensed traditional midwife has violated any provision of this chapter, the commissioner
may take one or more of the following actions:
new text end

new text begin (1) refuse to grant or renew licensure;
new text end

new text begin (2) revoke licensure;
new text end

new text begin (3) suspend licensure;
new text end

new text begin (4) any reasonable lesser action including, but not limited to, reprimand or
restrictions on licensure;
new text end

new text begin (5) censure or reprimand the licensee;
new text end

new text begin (6) impose a fee on the licensee to reimburse the commissioner for all or part of the
cost of the proceedings resulting in disciplinary action including, but not limited to, the
amount paid by the commissioner for services from the Office of Administrative Hearings,
attorney fees, court reports, witnesses, reproduction of records, staff time, and expense
incurred by the commissioner; or
new text end

new text begin (7) any other action justified by the case and authorized by law.
new text end

new text begin (b) Before taking any of the actions described in paragraph (a), the commissioner
shall consult with the advisory council and provide the advisory council the opportunity
to review the investigation and make recommendations to the commissioner on the
disciplinary action to be taken.
new text end

new text begin Subd. 2. new text end

new text begin Investigation of complaints. new text end

new text begin The commissioner, or the advisory council
when authorized by the commissioner, may initiate an investigation upon receiving a
complaint or other oral or written communication that alleges or implies that a person has
violated this chapter. In the receipt, investigation, and hearing of a complaint that alleges
or implies a person has violated this chapter, the commissioner shall follow the procedures
in section 214.10.
new text end

new text begin Subd. 3. new text end

new text begin Effects of specific disciplinary action on use of title. new text end

new text begin Upon notice from
the commissioner denying licensure renewal or upon notice that disciplinary actions have
been imposed and the person is no longer entitled to use the licensed titles, the person
shall cease to use titles protected by this chapter and to represent to the public that the
person is licensed by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Reinstatement. new text end

new text begin A person who has had licensure suspended may request
and provide justification for reinstatement following the period of suspension specified by
the commissioner. The requirements of this chapter for renewing licensure and any other
conditions imposed with the suspension must be met before licensure may be reinstated.
new text end

new text begin Subd. 5. new text end

new text begin Temporary suspension. new text end

new text begin In addition to any other remedy provided by law,
the commissioner may, acting through a person to whom the commissioner has delegated
this authority and without a hearing, temporarily suspend the right of a licensed traditional
midwife to practice if the commissioner's delegate finds that the licensee has violated a
statute or rule that the commissioner is empowered to enforce and continued practice by
the licensee would create a serious risk of harm to others. The suspension is in effect upon
service of a written order on the licensee specifying the statute or rule violated. The order
remains in effect until the commissioner issues a final order in the matter after a hearing
or upon agreement between the commissioner and the licensee. Service of the order is
effective if the order is served on the licensee or counsel of record personally or by first
class mail. Within ten days of service of the order, the commissioner shall hold a hearing
on the sole issue of whether there is a reasonable basis to continue, modify, or lift the
suspension. Evidence presented by the commissioner or licensee shall be in affidavit form
only. The licensee or the counsel of record may appear for oral argument. Within five
working days after the hearing, the commissioner shall issue the commissioner's order
and, if the suspension is continued, schedule a contested case hearing within 45 days after
issuance of the order. The administrative law judge shall issue a report within 30 days
after closing of the contested case hearing record. The commissioner shall issue a final
order within 30 days after receipt of that report.
new text end

new text begin Subd. 6. new text end

new text begin Automatic suspension. new text end

new text begin The right of a licensed traditional midwife to
practice is automatically suspended if:
new text end

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

new text begin (2) the licensee is committed by order of a court pursuant to chapter 253B.
new text end

new text begin The right to practice remains suspended until the licensee is restored to capacity by a court
and, upon petition by the licensee, the suspension is terminated by the commissioner after
a hearing or upon agreement between the commissioner and the licensee.
new text end

Sec. 30.

Minnesota Statutes 2014, section 147D.25, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The deleted text begin board deleted text end new text begin commissioner new text end shall appoint a five-member
Advisory Council on Licensed Traditional Midwifery. deleted text begin 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. deleted text end new text begin One member shall be a licensed physician who has been or is currently in
a collaborative practice setting with licensed traditional midwives from a list of names
submitted to the commissioner by the Minnesota Council of Certified Professional
Midwives or its successors. new text end Three members shall be licensed traditional midwives
appointed from a list of names submitted to the deleted text begin board deleted text end new text begin commissioner new text end by Midwifery
Now new text begin and the Minnesota Council of Certified Professional Midwives or their successors new text end .
One member shall be a deleted text begin home birth deleted text end parent new text begin of a child born under the care of a licensed
traditional midwife new text end appointed from a list of names submitted to the deleted text begin board deleted text end new text begin commissioner new text end
by Minnesota Families for Midwifery new text begin , or its successor new text end .

Sec. 31.

Minnesota Statutes 2014, section 147D.25, subdivision 3, is amended to read:

Subd. 3.

Duties.

The advisory council shall:

(1) advise the deleted text begin board deleted text end new text begin commissioner new text end regarding standards for licensed traditional
midwives;

(2) provide for distribution of information regarding licensed traditional midwifery
practice standards;

(3) advise the deleted text begin board deleted text end new text begin commissioner new text end on enforcement of this chapter;

(4) review applications and recommend granting or denying licensure or license
renewal;

(5) deleted text begin 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 deleted text end new text begin review reports of investigations related to individuals and
make recommendations to the commissioner as to whether licensure should be denied or
disciplinary action should be taken against the individual new text end ;

(6) advise the deleted text begin board deleted text end new text begin commissioner new text end 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 deleted text begin board deleted text end new text begin commissioner new text end ; and

(8) perform other duties authorized for advisory councils by chapter 214, as directed
by the deleted text begin board deleted text end new text begin commissioner new text end .

Sec. 32.

Minnesota Statutes 2014, section 147D.27, subdivision 1, is amended to read:

Subdivision 1.

Licensure fee.

The license application fee is $100. The fee for
initial licensure and deleted text begin annual deleted text end renewal is deleted text begin $100 deleted text end new text begin $300 new text end . The fee for inactive status is $50. The
fee for a temporary permit is $75.

Sec. 33.

Minnesota Statutes 2014, section 147D.27, subdivision 2, is amended to read:

Subd. 2.

Proration of fees.

The deleted text begin board deleted text end new text begin commissioner new text end may prorate the initial licensure
fee. All licensed traditional midwives are required to pay the full fee upon license renewal.

Sec. 34. new text begin TRANSFER.
new text end

new text begin Funds appropriated to the Board of Medical Practice from the state government
special revenue fund shall be transferred to the commissioner of health for the purpose of
implementing Minnesota Statutes, chapter 147D.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 147D.17, subdivision 4; and 147D.23, new text end new text begin are
repealed.
new text end

Sec. 36. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 35 are effective January 1, 2016.
new text end