HB 334: "An Act relating to midwives and the practice of midwifery; relating to apprentice midwives; relating to the licensing of midwives; relating to insurance requirements for the practice of midwifery; relating to fraternal benefit societies; and providing for an effective date."
00 HOUSE BILL NO. 334 01 "An Act relating to midwives and the practice of midwifery; relating to apprentice 02 midwives; relating to the licensing of midwives; relating to insurance requirements for 03 the practice of midwifery; relating to fraternal benefit societies; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 LEGISLATIVE INTENT. It is the intent of the legislature to preserve the right of 09 women to deliver children at home with licensed midwives, to remove obstacles for safe 10 deliveries outside of hospitals, to assure quality care of pregnant women and the children they 11 deliver, and to guarantee insurance coverage for home births. 12 * Sec. 2. AS 08.01.010(17) is amended to read: 13 (17) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives 14 (AS 08.65.010);
01 * Sec. 3. AS 08.02.010(a) is amended to read: 02 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 03 language pathologist licensed under AS 08.11, a behavior analyst licensed under 04 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 05 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 06 or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, 07 a marital and family therapist licensed under AS 08.63, a medical practitioner or 08 osteopath under AS 08.64, a [DIRECT-ENTRY] midwife licensed [CERTIFIED] 09 under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an 10 optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 11 therapist or occupational therapist licensed under AS 08.84, a psychologist under 12 AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 13 professional identification appropriate letters or a title after that person's name that 14 represents the person's specific field of practice. The letters or title shall appear on all 15 signs, stationery, or other advertising in which the person offers or displays personal 16 professional services to the public. In addition, a person engaged in the practice of 17 medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 18 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 19 relation to human health or disease and uses the letters "M.D." or the title "doctor" or 20 "physician" or another title that tends to show that the person is willing or qualified to 21 diagnose, treat, test, or counsel another person, shall clarify the letters or title by 22 adding the appropriate specialist designation, if any, such as "dermatologist," 23 "radiologist," "audiologist," "naturopath," or the like. 24 * Sec. 4. AS 08.03.010(c)(8) is amended to read: 25 (8) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives 26 (AS 08.65.010) - June 30, 2026 [2023]; 27 * Sec. 5. AS 08.64.370 is amended to read: 28 Sec. 08.64.370. Exceptions to application of chapter. This chapter does not 29 apply to 30 (1) officers in the regular medical service of the armed services of the 31 United States or the United States Public Health Service while in the discharge of their
01 official duties; 02 (2) a physician or osteopath, who is not a resident of this state, who is 03 asked by a physician or osteopath licensed in this state to help in the diagnosis or 04 treatment of a case; 05 (3) the practice of the religious tenets of a church; 06 (4) a physician in the regular medical service of the United States 07 Public Health Service or the armed services of the United States volunteering services 08 without pay or other remuneration to a hospital, clinic, medical office, or other 09 medical facility in the state; 10 (5) a person who is a licensed [CERTIFIED AS A DIRECT-ENTRY] 11 midwife [BY THE DEPARTMENT] under AS 08.65 while engaged in the practice of 12 midwifery whether or not the person accepts compensation for those services; in this 13 paragraph, "licensed midwife" has the meaning given in AS 08.65.190; 14 (6) a physician licensed in another state who, under a written 15 agreement with an athletic team located in the state in which the physician is licensed, 16 provides medical services to members of the athletic team while the athletic team is 17 traveling to or from or participating in a sporting event in this state. 18 * Sec. 6. AS 08.65.010(a) is amended to read: 19 (a) There is established the Board of Licensed [CERTIFIED DIRECT- 20 ENTRY] Midwives. 21 * Sec. 7. AS 08.65.010(b) is amended to read: 22 (b) The board consists of five members appointed by the governor subject to 23 confirmation by the legislature in joint session. Members serve for staggered terms of 24 four years and, except as provided in AS 39.05.080(4), each member serves until a 25 successor is appointed and qualified. The board consists of two members who are 26 licensed [CERTIFIED] in this state as [DIRECT-ENTRY] midwives, two members 27 who are advanced practice registered nurses [ONE PHYSICIAN LICENSED BY 28 THE STATE MEDICAL BOARD IN THIS STATE WHO HAS AN OBSTETRICAL 29 PRACTICE OR HAS SPECIALIZED TRAINING IN OBSTETRICS, ONE 30 CERTIFIED NURSE MIDWIFE] licensed under AS 08.68 by the Board of Nursing 31 in this state and who practice in an out-of-hospital setting, and one public member.
01 * Sec. 8. AS 08.65.030 is amended to read: 02 Sec. 08.65.030. Duties and powers of board. (a) The board shall 03 (1) review applications for licenses to engage in the practice of 04 midwifery to determine whether the applicants satisfy the requirements of 05 AS 08.65.050 [EXAMINE APPLICANTS AND ISSUE CERTIFICATES TO THOSE 06 APPLICANTS IT FINDS QUALIFIED]; 07 (2) adopt regulations from time to time regarding the licensing 08 [ESTABLISHING CERTIFICATION] and license [CERTIFICATE] renewal 09 requirements for the practice of midwifery; the regulations must allow a person to 10 become a licensed midwife by any method allowed by the North American 11 Registry of Midwives; 12 (3) issue permits to apprentice [DIRECT-ENTRY] midwives; 13 (4) hold hearings and order the disciplinary sanction of a person who 14 violates this chapter or a regulation of the board; 15 (5) supply forms for applications, licenses, permits, 16 [CERTIFICATES,] and other papers and records; 17 (6) enforce the provisions of this chapter and adopt regulations 18 necessary to make the provisions of this chapter effective; 19 (7) [APPROVE CURRICULA AND ADOPT STANDARDS FOR 20 BASIC EDUCATION, TRAINING, AND APPRENTICE PROGRAMS; 21 (8) PROVIDE FOR SURVEYS OF THE BASIC DIRECT-ENTRY 22 MIDWIFE EDUCATION PROGRAMS IN THE STATE AT THE TIMES IT 23 CONSIDERS NECESSARY; 24 (9) APPROVE EDUCATION, TRAINING, AND APPRENTICE 25 PROGRAMS THAT MEET THE REQUIREMENTS OF THIS CHAPTER AND OF 26 THE BOARD, AND DENY, REVOKE, OR SUSPEND APPROVAL OF THOSE 27 PROGRAMS FOR FAILURE TO MEET THE REQUIREMENTS; 28 (10)] adopt regulations establishing practice requirements for 29 [CERTIFIED DIRECT-ENTRY] midwives under AS 08.65.140. 30 (b) The board may by regulation require that a licensed [CERTIFIED 31 DIRECT-ENTRY] midwife undergo a uniform or random period of peer review to
01 ensure the quality of care provided by the licensed [CERTIFIED DIRECT-ENTRY] 02 midwife. 03 * Sec. 9. AS 08.65.040 is amended by adding new subsections to read: 04 (b) The regulations adopted by the board regarding the practice of midwifery 05 must be consistent with this chapter and with the knowledge, skills, and job 06 description requirements for the practice of midwifery established by the North 07 American Registry of Midwives and the National Association of Certified 08 Professional Midwives. 09 (c) The board may not adopt a regulation that 10 (1) requires a person to have a nursing degree or diploma to be 11 licensed under this chapter; 12 (2) requires a licensed midwife to practice midwifery under the 13 supervision of, or in collaboration with, another health care provider or a health care 14 facility; 15 (3) requires a licensed midwife to enter into an agreement, whether 16 written, oral, or in another form, with another health care provider or a health care 17 facility; or 18 (4) limits the location where a licensed midwife may practice 19 midwifery. 20 (d) In this section, 21 (1) "health care facility" has the meaning given in AS 18.35.399; 22 (2) "health care provider" has the meaning given in AS 09.65.300. 23 * Sec. 10. AS 08.65.050 is amended to read: 24 Sec. 08.65.050. Qualifications for license. The board shall issue a license 25 [CERTIFICATE] to practice [DIRECT-ENTRY] midwifery to a person who holds a 26 valid certified professional midwife certificate from the North American Registry 27 of Midwives and 28 (1) applies on a form provided by the board; 29 (2) pays the fees required under AS 08.65.100; 30 (3) furnishes evidence satisfactory to the board that the person has not 31 engaged in conduct that is a ground for imposing disciplinary sanctions under
01 AS 08.65.110; 02 (4) is certified in basic life support for health care providers 03 [FURNISHES EVIDENCE SATISFACTORY TO THE BOARD THAT THE 04 PERSON HAS COMPLETED A COURSE OF STUDY AND SUPERVISED 05 CLINICAL EXPERIENCE; THE STUDY AND EXPERIENCE MUST BE OF AT 06 LEAST ONE YEAR'S DURATION]; and 07 (5) is certified in the interventions used at the time of birth to 08 support the establishment of breathing and circulation of the newborn 09 [SUCCESSFULLY COMPLETES THE EXAMINATION REQUIRED BY THE 10 BOARD]. 11 * Sec. 11. AS 08.65.080 is amended to read: 12 Sec. 08.65.080. Renewal. A license [CERTIFICATE] issued under 13 AS 08.65.050 [OR 08.65.070] expires on a date determined by the board and may be 14 renewed every two years upon payment of the required fee and the submission of 15 evidence satisfactory to the board that the licensed [CERTIFIED DIRECT-ENTRY] 16 midwife has met the continuing education requirements of the board and holds a 17 valid certified professional midwife certificate from the North American Registry 18 of Midwives [, HAS DEMONSTRATED CONTINUED PRACTICAL 19 PROFESSIONAL COMPETENCE UNDER REGULATIONS ADOPTED BY THE 20 BOARD, AND HAS NOT COMMITTED AN ACT THAT IS A GROUND FOR 21 DISCIPLINE UNDER AS 08.65.110]. 22 * Sec. 12. AS 08.65.090(a) is amended to read: 23 (a) The board shall issue a permit to practice as an apprentice [DIRECT- 24 ENTRY] midwife to a person who satisfies the requirements for education, training, 25 and apprenticeship of the North American Registry of Midwives [AS 08.65.050(1) 26 - (3) AND WHO HAS BEEN ACCEPTED INTO A PROGRAM OF EDUCATION, 27 TRAINING, AND APPRENTICESHIP APPROVED BY THE BOARD UNDER 28 AS 08.65.030]. A permit application under this section must include information the 29 board may require. The permit is valid for a term of two years and may be renewed in 30 accordance with regulations adopted by the board. 31 * Sec. 13. AS 08.65.110 is amended to read:
01 Sec. 08.65.110. Grounds for discipline, suspension, or revocation of 02 certification. The board may impose a disciplinary sanction on a person holding a 03 license [CERTIFICATE] or permit under this chapter if the board finds that the person 04 (1) secured a license [CERTIFICATE] or permit through deceit, fraud, 05 or intentional misrepresentation; 06 (2) engaged in deceit, fraud, or intentional misrepresentation in the 07 course of providing professional services or engaging in professional activities; 08 (3) advertised professional services in a false or misleading manner; 09 (4) has been convicted of a felony or other crime that affects the 10 licensee's ability to continue to practice competently and safely; 11 (5) intentionally or negligently engaged in or permitted the 12 performance of client care by persons under the licensed [CERTIFIED DIRECT- 13 ENTRY] midwife's supervision that does not conform to minimum professional 14 standards regardless of whether actual injury to the client occurred; 15 (6) failed to comply with this chapter, with a regulation adopted under 16 this chapter, or with an order of the board; 17 (7) continued to practice after becoming unfit due to 18 (A) professional incompetence; 19 (B) failure to keep informed of current professional practices; 20 (C) addiction or severe dependency on alcohol or other drugs 21 that impairs the ability to practice safely; or 22 (D) physical or mental disability; or 23 (8) engaged in lewd or immoral conduct in connection with the 24 delivery of professional service to clients. 25 * Sec. 14. AS 08.65.120(a) is amended to read: 26 (a) When the board [IT] finds that a person holding a license 27 [CERTIFICATE] or permit under this chapter is guilty of an offense under 28 AS 08.65.110, the board, in addition to the powers provided in AS 08.01.075, may 29 impose the following sanctions singly or in combination: 30 (1) permanently revoke the license [A CERTIFICATE] or permit [TO 31 PRACTICE];
01 (2) suspend the license [A CERTIFICATE] or permit for a 02 determinate period of time; 03 (3) censure the [A] person [HOLDING A CERTIFICATE OR 04 PERMIT]; 05 (4) issue a letter of reprimand; 06 (5) place the [A] person [HOLDING A CERTIFICATE OR PERMIT] 07 on probationary status and require the person to 08 (A) report regularly to the board on [UPON] matters involving 09 the basis of probation; 10 (B) limit practice to those areas prescribed; 11 (C) continue professional education until a satisfactory degree 12 of skill has been attained in those areas determined by the board to need 13 improvement; 14 (6) impose limitations or conditions on the practice of the [A] person 15 holding the license [A CERTIFICATE] or permit. 16 * Sec. 15. AS 08.65.120(d) is amended to read: 17 (d) The board may reinstate a license [CERTIFICATE] or permit that has 18 been suspended or revoked if the board finds after a hearing that the applicant for the 19 reinstatement is able to practice with reasonable skill and safety. 20 * Sec. 16. AS 08.65.140 is amended to read: 21 Sec. 08.65.140. Required practices. The board shall adopt regulations 22 regarding the practice of [DIRECT-ENTRY] midwifery that are based on the 23 standards and requirements of the North American Registry of Midwives and the 24 National Association of Certified Professional Midwives. At a minimum, the 25 regulations must require that a licensed [CERTIFIED DIRECT-ENTRY] midwife 26 (1) recommend, before care or delivery of a client, that the client 27 undergo a physical examination performed by a physician, physician assistant, or 28 advanced practice registered nurse who is licensed in this state; 29 (2) obtain informed consent from a client before onset of labor; 30 (3) comply with AS 18.15.150 regarding taking of blood samples, 31 AS 18.15.200 regarding screening of phenylketonuria (PKU), AS 18.50.160 regarding
01 birth registration, AS 18.50.230 regarding registration of deaths, AS 18.50.240 02 regarding fetal death registration, and regulations adopted by the Department of 03 Health and Social Services concerning prophylactic treatment of the eyes of newborn 04 infants; 05 (4) not knowingly deliver a woman with certain types of health 06 conditions, prior history, or complications as specified by the board. 07 * Sec. 17. AS 08.65.140 is amended by adding new subsections to read: 08 (b) A licensed midwife may practice midwifery without being under the 09 supervision of, or collaborating with, another health care provider or a health care 10 facility. 11 (c) A licensed midwife may practice midwifery without entering into a written 12 or other form of agreement with another health care provider or a health care facility. 13 (d) A licensed midwife may provide services using audio, video, or other 14 electronic media for the purpose of diagnosis, consultation, or treatment. 15 * Sec. 18. AS 08.65.150 is amended to read: 16 Sec. 08.65.150. Prohibited practices. Except as provided in AS 08.65.170, a 17 person who is not licensed [CERTIFIED] under this chapter as a [DIRECT-ENTRY] 18 midwife may not practice midwifery for compensation. 19 * Sec. 19. AS 08.65.160 is amended to read: 20 Sec. 08.65.160. License [CERTIFICATION] required if designation used. 21 A person who is not licensed [CERTIFIED] under this chapter, [OR] whose license 22 [CERTIFICATION] is suspended or revoked, or whose license [CERTIFICATION] 23 has lapsed [,] who knowingly uses in connection with the person's name the [WORDS 24 OR] letters "L.M.," the words "Licensed Midwife," ["C.D.M.," "CERTIFIED 25 DIRECT-ENTRY MIDWIFE,"] or other letters, words, or insignia indicating or 26 implying that the person is licensed [CERTIFIED] as a [DIRECT-ENTRY] midwife 27 by this state or who in any way, orally or in writing, directly or by implication, 28 knowingly holds out as being licensed [CERTIFIED BY THE STATE] as a 29 [DIRECT-ENTRY] midwife in this state is guilty of a class B misdemeanor. In this 30 section, "knowingly" has the meaning given in AS 11.81.900. 31 * Sec. 20. AS 08.65.170 is amended to read:
01 Sec. 08.65.170. Exclusions. This chapter does not apply to [A PERSON] 02 (1) a person who is licensed as a physician in this state; 03 (2) a person who is licensed as an advanced practice registered [A 04 CERTIFIED] nurse [MIDWIFE] by the Board of Nursing in this state. 05 [(3) REPEALED 06 (4) REPEALED] 07 * Sec. 21. AS 08.65.180 is amended to read: 08 Sec. 08.65.180. Responsibility for care. If a licensed [CERTIFIED DIRECT- 09 ENTRY] midwife seeks to consult with or refer a patient to a licensed physician, the 10 responsibility of the physician for the patient does not begin until the patient is 11 physically within the physician's care. 12 * Sec. 22. AS 08.65.190(1) is amended to read: 13 (1) "board" means the Board of Licensed [CERTIFIED DIRECT- 14 ENTRY] Midwives; 15 * Sec. 23. AS 08.65.190(3) is amended to read: 16 (3) "practice of midwifery" means providing necessary supervision, 17 health care, preventative measures, and education to women during preconception, 18 pregnancy, labor, and the first postpartum year [PERIOD]; conducting deliveries on 19 the midwife's own responsibility; providing immediate postpartum care of the 20 newborn infant, well-baby care for the infant through the age of six [FOUR] weeks, 21 and preventative measures for the infant; identifying physical, social, and emotional 22 needs of the newborn and the woman; arranging for consultation, referral, and 23 continued involvement of the midwife on a collaborative basis when the care required 24 extends beyond the scope of practice of the midwife; providing direct supervision of 25 student and apprentice midwives; and executing emergency measures in the absence 26 of medical assistance, as specified in regulations adopted by the board. 27 * Sec. 24. AS 08.65.190 is amended by adding new paragraphs to read: 28 (4) "licensed midwife" means a midwife who is licensed under this 29 chapter to practice midwifery; 30 (5) "midwife" means a person who practices midwifery. 31 * Sec. 25. AS 09.65.300(c)(1) is amended to read:
01 (1) "health care provider" means a physician, physician assistant, 02 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 03 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 04 occupational therapist, marital and family therapist, psychologist, psychological 05 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 06 athletic trainer, or licensed [CERTIFIED DIRECT- ENTRY] midwife; 07 * Sec. 26. AS 11.41.470(1) is amended to read: 08 (1) "health care worker" includes a person who is or purports to be an 09 acupuncturist, advanced practice registered nurse, anesthesiologist, licensed 10 [CERTIFIED DIRECT-ENTRY] midwife, chiropractor, dentist, health aide, hypnotist, 11 massage therapist, mental health counselor, midwife, nurse, osteopath, naturopath, 12 physical therapist, physical therapy assistant, physician, physician assistant, 13 psychiatrist, psychological associate, psychologist, radiologist, religious healing 14 practitioner, surgeon, x-ray technician, or a substantially similar position; 15 * Sec. 27. AS 18.20.095(e)(2) is amended to read: 16 (2) "licensed staff member" means a person who is employed by the 17 hospital to provide direct patient care and who is licensed or certified in the state as a 18 physician or physician assistant under AS 08.64, licensed [DIRECT-ENTRY] 19 midwife under AS 08.65, nurse or nurse aide under AS 08.68, or physical therapist or 20 occupational therapist under AS 08.84; 21 * Sec. 28. AS 18.50.165(b) is amended to read: 22 (b) The registrar shall distribute copies of the form prepared under (a) of this 23 section to each hospital in the state, to each physician in the state whose practice 24 includes attendance at births, to each certified nurse midwife and licensed 25 [CERTIFIED DIRECT-ENTRY] midwife in the state, and to each other interested 26 person in the state who requests copies of the form. 27 * Sec. 29. AS 21.36.090(d) is amended to read: 28 (d) Except to the extent necessary to comply with AS 21.42.365 and 29 AS 21.56, a person may not practice or permit unfair discrimination against a person 30 who provides a service covered under a group health insurance policy that extends 31 coverage on an expense incurred basis, or under a group service or indemnity type
01 contract issued by a health maintenance organization or a nonprofit corporation, if the 02 service is within the scope of the provider's occupational license. In this subsection, 03 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 04 optometrist, chiropractor, advanced practice registered nurse, naturopath, physical 05 therapist, occupational therapist, marital and family therapist, psychologist, 06 psychological associate, licensed clinical social worker, licensed professional 07 counselor, or licensed [CERTIFIED DIRECT-ENTRY] midwife. 08 * Sec. 30. AS 21.42.355 is amended by adding new subsections to read: 09 (c) If a health care insurance plan or an excepted benefits policy or contract 10 provides indemnity for the cost of services of a physician provided to women during 11 preconception, pregnancy, childbirth, and the period after childbirth up to one year, 12 indemnity in a reasonable amount shall also be provided for the cost of a midwife 13 licensed under AS 08.65 who provides the same services. Indemnity may be provided 14 under this subsection only if the licensed midwife is practicing as a licensed midwife 15 within the scope of the license. 16 (d) If a health care insurance plan or an excepted benefits policy or contract 17 provides for furnishing those services required of a physician in the care of women 18 during preconception, pregnancy, childbirth, and the period after childbirth up to one 19 year, the contract shall also provide that a midwife licensed under AS 08.65 may 20 furnish those same services instead of a physician. Services may be provided under 21 this subsection only if the licensed midwife is practicing as a licensed midwife in 22 accordance with the regulations adopted under AS 08.65.030(a)(7), and the services 23 provided are within the scope of practice of the license. 24 * Sec. 31. AS 25.20.055(a) is amended to read: 25 (a) When a birth occurs to an unmarried woman in a hospital or en route to a 26 hospital to which the woman is later admitted, the hospital shall ensure that a staff 27 member 28 (1) meets with the woman before release from the hospital; 29 (2) attempts to meet with the father of the unmarried woman's child, if 30 possible; 31 (3) presents to the mother and, if possible, the father, a pamphlet or
01 statement regarding the rights and responsibilities of a natural parent; the Department 02 of Health and Social Services shall prepare this pamphlet and distribute copies of it to 03 each hospital in the state, to each physician in the state whose practice includes 04 attendance at births, to each certified nurse midwife and licensed [CERTIFIED 05 DIRECT-ENTRY] midwife in the state, and to other interested persons in the state 06 who request copies; 07 (4) provides to the mother and, if possible, the father, all forms, 08 statements, or agreements necessary to voluntarily establish a parent and child 09 relationship, including an acknowledgment of paternity form prepared under 10 AS 18.50.165; 11 (5) on request of the mother and father, assists the father in completing 12 specific forms, statements, or agreements necessary to establish a parent and child 13 relationship between the father and the child; and 14 (6) on request of the mother and father, mails a completed voluntary 15 acknowledgment of paternity form to the state registrar for filing under AS 18.50.165. 16 * Sec. 32. AS 25.20.055(b) is amended to read: 17 (b) When a birth occurs to an unmarried woman who is not in a hospital for 18 the birth nor admitted to a hospital immediately after the birth, and the birth is 19 attended by a physician, certified nurse midwife, or licensed [CERTIFIED DIRECT- 20 ENTRY] midwife, the physician, certified nurse midwife, or licensed [CERTIFIED 21 DIRECT-ENTRY] midwife shall perform the duties described in (a)(2) - (6) of this 22 section or ensure that an agent performs those duties. 23 * Sec. 33. AS 44.62.330(a)(36) is amended to read: 24 (36) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives; 25 * Sec. 34. AS 47.07.900(13) is amended to read: 26 (13) "midwife services" means services within the practice of 27 midwifery, as defined in AS 08.65.190, that are performed by a licensed [CERTIFIED 28 DIRECT-ENTRY] midwife, and miscellaneous fees, other than facility fees, for birth 29 kits, oxygen, and other ancillary expenses necessary for a birth attended by a licensed 30 [CERTIFIED DIRECT-ENTRY] midwife; 31 * Sec. 35. AS 47.20.320(d) is amended to read:
01 (d) A hospital or other health facility, clinical laboratory, audiologist, 02 physician, registered or advanced practice registered nurse, licensed [CERTIFIED 03 DIRECT-ENTRY] midwife, officer or employee of a health facility or clinical 04 laboratory, or an employee of an audiologist, physician, or registered or advanced 05 practice registered nurse is not criminally or civilly liable for furnishing information in 06 good faith to the department or its designee under this section. The furnishing of 07 information in accordance with this section is not a violation of AS 08 or AS 18 or 08 regulations adopted under AS 08 or AS 18 for licensees under those statutes. 09 * Sec. 36. AS 08.65.060, 08.65.070, and 08.65.090(b) are repealed. 10 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: CONTINUATION OF BOARD. (a) Notwithstanding AS 08.65.030, 13 as amended by sec. 8 of this Act, the members of the Board of Certified Direct-Entry 14 Midwives, as that board is constituted under AS 08.65.030, as that section reads on 15 December 31, 2022, shall operate as the Board of Licensed Midwives from January 1, 2023, 16 until the new members of the Board of Licensed Midwives are appointed by the governor 17 under sec. 39 of this Act and confirmed by the legislature under AS 08.65.010, as amended by 18 secs. 6 and 7 of this Act. 19 (b) In this section, "Board of Licensed Midwives" means the Board of Licensed 20 Midwives established by AS 08.65.010, as amended by secs. 6 and 7 of this Act. 21 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: CURRENT DIRECT ENTRY MIDWIVES AND APPRENTICE 24 MIDWIVES. (a) Notwithstanding AS 08.65.050, as amended by sec. 10 of this Act, a person 25 who holds on December 31, 2022, an unexpired certificate to practice direct-entry midwifery 26 issued under AS 08.65.050, as that section reads on December 31, 2022, is licensed on the 27 effective date of secs. 1 - 39 of this Act to practice midwifery under AS 08.65, as amended by 28 secs. 6 - 24 of this Act, for a two-year period. 29 (b) Notwithstanding AS 08.65.090, as amended by sec. 12 of this Act, a person who 30 holds on December 31, 2022, an unexpired permit to practice as an apprentice direct-entry 31 midwife issued under AS 08.65.090, as that section reads on December 31, 2022, is permitted
01 on the effective date of secs. 1 - 39 of this Act to practice as an apprentice midwife under 02 AS 08.65.090, as amended by sec. 12 of this Act, for a two-year period. 03 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: NEW BOARD MEMBERS. (a) Within 60 days after the effective 06 date of secs. 1 - 39 of this Act, the governor shall appoint an advanced practice registered 07 nurse licensed under AS 08.68 to be a member of the board to replace the physician member 08 of the board for the remainder of the term of the physician member. 09 (b) Within 60 days after the effective date of secs. 1 - 39 of this Act, the governor 10 shall appoint an advanced practice registered nurse licensed under AS 08.68 to be a member 11 of the board to replace the certified nurse midwife member of the board for the remainder of 12 the term of the certified nurse midwife member. 13 (c) The board, as constituted under (a) and (b) of this section, shall begin operating as 14 the board when the legislature has confirmed the members appointed under (a) and (b) of this 15 section. 16 (d) In this section, "board" means the Board of Licensed Midwives established by 17 AS 08.65.010, as amended by secs. 6 and 7 of this Act. 18 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: REGULATIONS. The Board of Direct-Entry Midwives established 21 by AS 08.65.010, as that section reads on December 31, 2022, shall adopt, repeal, or amend 22 regulations as necessary to implement the changes made by secs. 1 - 39 of this Act. The 23 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 24 January 1, 2023. 25 * Sec. 41. Section 40 of this Act takes effect immediately under AS 01.10.070(c). 26 * Sec. 42. Except as provided in sec. 41 of this Act, this Act takes effect January 1, 2023.