Code of Alabama - Title 34: Professions and Businesses - Section 34-19-14 - State Board of Midwifery - Powers and duties; scope of licensed practice of midwifery

Section 34-19-14 - State Board of Midwifery - Powers and duties; scope of licensed practice of midwifery.

(a) The board shall do all of the following consistent with this chapter:

(1) Approve, renew, suspend, or revoke licenses for the practice of midwifery.

(2) Investigate and conduct hearings regarding complaints against a licensed midwife in order to determine if disciplinary action is warranted.

(3) Establish reasonable licensure fees, including, but not limited to, initial application, renewal, and reinstatement fees.

(4) Develop standardized forms including, but not limited to, a midwife disclosure form, informed consent form, emergency care form, and applications for licensure and renewal.

(5) Impose administrative fines, not to exceed one thousand dollars ($1,000) per violation, for violating this chapter, a board rule, or a condition of a license.

(6) Establish levels of professional liability insurance that must be maintained by a licensed midwife at a limit of no less than one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) aggregate.

(b)(1) The board shall adopt rules pursuant to the Administrative Procedure Act to implement this chapter in a manner consistent with the most current North American Registry of Midwives Job Analysis and with essential documents developed and published by the Midwives Alliance of North America. The rules shall include, but not be limited to, provision for all of the following:

a. Licensing procedures and requirements.

b. Minimum initial and continuing education requirements for licensure.

c. Standards by which a licensed midwife shall conduct risk assessment.

d. Standards for professional conduct.

e. A standard procedure for investigating complaints.

f. Requirements for clinical internships for individuals seeking midwifery training.

(2) The rules shall ensure independent practice.

(c) A licensed midwife may not administer or perform any of the following obstetric procedures which are outside of the scope of the licensed practice of midwifery:

(1) An epidural, spinal, or caudal anesthetic.

(2) Any type of narcotic analgesia.

(3) Forceps or a vacuum extractor-assisted delivery.

(4) Abortion.

(5) Cesarean section or any surgery or surgical deliver except minimal episiotomies.

(6) Pharmacological induction or augmentation of labor or artificial rupture of membranes prior to the onset of labor.

(7) Except for the administration of local anesthetic, administration of an anesthetic.

(8) Administration of any prescription medication in a manner that violates the Alabama Uniform Controlled Substance Act.

(9) Vaginal birth after a cesarean.

(d) A licensed midwife may not perform either of the following:

(1) Delivery of a diagnosed multiple pregnancy.

(2) Delivery of a baby whose position is diagnosed as non-cephalic at the onset of labor.

(Act 2017-383, §2.)

Last modified: May 3, 2021