HB 175: "An Act relating to midwives and the practice of midwifery; relating to apprentice midwives; renaming the Board of Certified Direct-Entry Midwives as the Board of Licensed Midwives; relating to the Board of Licensed Midwives; extending the termination date of the Board of Licensed Midwives; relating to insurance; and providing for an effective date."
00 HOUSE BILL NO. 175 01 "An Act relating to midwives and the practice of midwifery; relating to apprentice 02 midwives; renaming the Board of Certified Direct-Entry Midwives as the Board of 03 Licensed Midwives; relating to the Board of Licensed Midwives; extending the 04 termination date of the Board of Licensed Midwives; relating to insurance; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 LEGISLATIVE INTENT. It is the intent of the legislature to preserve the right of 10 women to deliver children at home with licensed midwives, to remove obstacles for safe 11 deliveries outside of hospitals, to assure quality care of pregnant women and the children they 12 deliver, and to guarantee insurance coverage for home births. 13 * Sec. 2. AS 08.01.010(17) is amended to read:
01 (17) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives 02 (AS 08.65.010); 03 * Sec. 3. AS 08.02.110(a) is amended to read: 04 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 05 language pathologist licensed under AS 08.11, a behavior analyst licensed under 06 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 07 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 08 or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, 09 a marital and family therapist licensed under AS 08.63, a medical practitioner or 10 osteopath under AS 08.64, a [DIRECT-ENTRY] midwife licensed [CERTIFIED] 11 under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an 12 optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 13 therapist or occupational therapist licensed under AS 08.84, a psychologist under 14 AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 15 professional identification appropriate letters or a title after that person's name that 16 represents the person's specific field of practice. The letters or title shall appear on all 17 signs, stationery, or other advertising in which the person offers or displays personal 18 professional services to the public. In addition, a person engaged in the practice of 19 medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 20 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 21 relation to human health or disease and uses the letters "M.D." or the title "doctor" or 22 "physician" or another title that tends to show that the person is willing or qualified to 23 diagnose, treat, test, or counsel another person, shall clarify the letters or title by 24 adding the appropriate specialist designation, if any, such as "dermatologist," 25 "radiologist," "audiologist," "naturopath," or the like. 26 * Sec. 4. AS 08.02.130(j)(1) is amended to read: 27 (1) "health care provider" means 28 (A) an audiologist or speech-language pathologist licensed 29 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 30 licensed under AS 08.20; a professional counselor licensed under AS 08.29; a 31 dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a
01 dietitian or nutritionist licensed under AS 08.38; a naturopath licensed under 02 AS 08.45; a marital and family therapist licensed under AS 08.63; a physician 03 licensed under AS 08.64; a podiatrist, osteopath, or physician assistant licensed 04 under AS 08.64; a licensed [DIRECT-ENTRY] midwife certified under 05 AS 08.65; a nurse licensed under AS 08.68; a dispensing optician licensed 06 under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist licensed 07 under AS 08.80; a physical therapist or occupational therapist licensed under 08 AS 08.84; a psychologist or psychological associate licensed under AS 08.86; 09 or a social worker licensed under AS 08.95; or 10 (B) a physician licensed in another state; 11 * Sec. 5. AS 08.03.010(c)(8) is amended to read: 12 (8) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives 13 (AS 08.65.010) - June 30, 2027 [2023]; 14 * Sec. 6. AS 08.64.370 is amended to read: 15 Sec. 08.64.370. Exceptions to application of chapter. This chapter does not 16 apply to 17 (1) officers in the regular medical service of the armed services of the 18 United States or the United States Public Health Service while in the discharge of their 19 official duties; 20 (2) a physician or osteopath licensed in another state who is asked by a 21 physician or osteopath licensed in this state to help in the diagnosis or treatment of a 22 case, unless the physician is practicing under AS 08.02.130(b); 23 (3) the practice of the religious tenets of a church; 24 (4) a physician in the regular medical service of the United States 25 Public Health Service or the armed services of the United States volunteering services 26 without pay or other remuneration to a hospital, clinic, medical office, or other 27 medical facility in the state; 28 (5) a person who is a licensed [CERTIFIED AS A DIRECT-ENTRY] 29 midwife [BY THE DEPARTMENT] under AS 08.65 while engaged in the practice of 30 midwifery whether or not the person accepts compensation for those services; 31 (6) a physician licensed in another state who, under a written
01 agreement with an athletic team located in the state in which the physician is licensed, 02 provides medical services to members of the athletic team while the athletic team is 03 traveling to or from or participating in a sporting event in this state. 04 * Sec. 7. AS 08.65.010(a) is amended to read: 05 (a) There is established the Board of Licensed [CERTIFIED DIRECT- 06 ENTRY] Midwives. 07 * Sec. 8. AS 08.65.010(b) is amended to read: 08 (b) The board consists of five members appointed by the governor subject to 09 confirmation by the legislature in joint session. Members serve for staggered terms of 10 four years and, except as provided in AS 39.05.080(4), each member serves until a 11 successor is appointed and qualified. The board consists of four [TWO] members who 12 are licensed [CERTIFIED] in this state as [DIRECT-ENTRY] midwives [, ONE 13 PHYSICIAN LICENSED BY THE STATE MEDICAL BOARD IN THIS STATE 14 WHO HAS AN OBSTETRICAL PRACTICE OR HAS SPECIALIZED TRAINING 15 IN OBSTETRICS, ONE CERTIFIED NURSE MIDWIFE LICENSED BY THE 16 BOARD OF NURSING IN THIS STATE,] and one public member. 17 * Sec. 9. AS 08.65.030 is amended to read: 18 Sec. 08.65.030. Duties and powers of board. (a) The board shall 19 (1) review applications for licenses to engage in the practice of 20 midwifery to determine whether the applicants satisfy the requirements of 21 AS 08.65.050 [EXAMINE APPLICANTS AND ISSUE CERTIFICATES TO THOSE 22 APPLICANTS IT FINDS QUALIFIED]; 23 (2) adopt regulations regarding licensing, license renewal, the 24 national midwifery examination, and the national scope of the practice of 25 midwifery [ESTABLISHING CERTIFICATION AND CERTIFICATE RENEWAL 26 REQUIREMENTS]; 27 (3) issue permits to apprentice [DIRECT-ENTRY] midwives; 28 (4) hold hearings and order the disciplinary sanction of a person who 29 violates this chapter or a regulation of the board; 30 (5) supply forms for applications, licenses, permits, 31 [CERTIFICATES,] and other papers and records;
01 (6) enforce the provisions of this chapter and adopt regulations 02 necessary to make the provisions of this chapter effective; 03 (7) [APPROVE CURRICULA AND ADOPT STANDARDS FOR 04 BASIC EDUCATION, TRAINING, AND APPRENTICE PROGRAMS; 05 (8) PROVIDE FOR SURVEYS OF THE BASIC DIRECT-ENTRY 06 MIDWIFE EDUCATION PROGRAMS IN THE STATE AT THE TIMES IT 07 CONSIDERS NECESSARY; 08 (9) APPROVE EDUCATION, TRAINING, AND APPRENTICE 09 PROGRAMS THAT MEET THE REQUIREMENTS OF THIS CHAPTER AND OF 10 THE BOARD, AND DENY, REVOKE, OR SUSPEND APPROVAL OF THOSE 11 PROGRAMS FOR FAILURE TO MEET THE REQUIREMENTS; 12 (10)] adopt regulations establishing practice requirements for licensed 13 [CERTIFIED DIRECT-ENTRY] midwives under AS 08.65.140(a) [AS 08.65.140]. 14 (b) The board may by regulation require that a licensed [CERTIFIED 15 DIRECT-ENTRY] midwife undergo a uniform or random period of peer review to 16 ensure the quality of care provided by the licensed [CERTIFIED DIRECT-ENTRY] 17 midwife. 18 * Sec. 10. AS 08.65.030 is amended by adding new subsections to read: 19 (c) The board may not adopt a regulation that 20 (1) requires a person to have a nursing degree or diploma to be 21 licensed under this chapter; 22 (2) requires a licensed midwife to practice midwifery under the 23 supervision of, or in collaboration with, another health care provider or a health care 24 facility; 25 (3) requires a licensed midwife to enter into an agreement, whether 26 written, oral, or in another form, with another health care provider or a health care 27 facility; 28 (4) limits the location where a licensed midwife may practice 29 midwifery; or 30 (5) restricts or limits educational pathways to becoming a licensed 31 midwife.
01 (d) In this section, 02 (1) "health care facility" has the meaning given in AS 18.35.399; 03 (2) "health care provider" has the meaning given in AS 09.65.300. 04 * Sec. 11. AS 08.65.050 is amended to read: 05 Sec. 08.65.050. Qualifications for license. The board shall issue a license 06 [CERTIFICATE] to practice [DIRECT-ENTRY] midwifery to a person who 07 (1) holds a valid certified professional midwife certificate, if the 08 certificate is issued by a nationally recognized midwife organization recognized 09 by the board and the requirements for the certificate are consistent with this 10 chapter; 11 (2) applies on a form provided by the board; 12 (3) [(2)] pays the fees required under AS 08.65.100; 13 (4) [(3)] furnishes evidence satisfactory to the board that the person 14 has not engaged in conduct that is a ground for imposing disciplinary sanctions under 15 AS 08.65.110; 16 (5) [(4)] furnishes evidence [SATISFACTORY] to the board that the 17 person has completed a course of midwifery study and supervised clinical experience; 18 the study and experience must be of at least two years' [ONE YEAR'S] duration; and 19 (6) [(5)] successfully completes the national midwifery examination 20 required by the board. 21 * Sec. 12. AS 08.65.080 is amended to read: 22 Sec. 08.65.080. Renewal. A license [CERTIFICATE] issued under 23 AS 08.65.050 [OR 08.65.070] expires on a date determined by the board and may be 24 renewed every two years upon payment of the required fee and the submission of 25 evidence satisfactory to the board that the licensed [CERTIFIED DIRECT-ENTRY] 26 midwife holds a valid certified professional midwife certificate issued by a 27 nationally recognized midwife organization recognized by the board if the 28 requirements for the certificate are consistent with this chapter and has met the 29 continuing education requirements of the board, has demonstrated continued practical 30 professional competence under regulations adopted by the board, and has not 31 committed an act that is a ground for discipline under AS 08.65.110.
01 * Sec. 13. AS 08.65.090 is amended to read: 02 Sec. 08.65.090. Apprentice direct-entry midwives. (a) The board shall issue 03 a permit to practice as an apprentice [DIRECT-ENTRY] midwife to a person who 04 satisfies the requirements of AS 08.65.050(1) - (3) and who has been accepted into a 05 program of education, training, and apprenticeship approved by the board under 06 AS 08.65.030 and that prepares the apprentice for the national midwifery 07 examination. A permit application under this section must include information the 08 board may require. The permit is valid for a term of two years and may be renewed in 09 accordance with regulations adopted by the board. 10 (b) An apprentice direct-entry midwife may perform all the activities of a 11 licensed [CERTIFIED DIRECT-ENTRY] midwife if supervised in a manner 12 prescribed by the board in regulation [BY 13 (1) A CERTIFIED DIRECT-ENTRY MIDWIFE WHO HAS BEEN 14 LICENSED AND PRACTICING IN THIS STATE FOR AT LEAST TWO YEARS 15 AND HAS ACTED AS A PRIMARY OR ASSISTANT MIDWIFE AT 50 OR 16 MORE BIRTHS SINCE THE DATE THE CERTIFIED DIRECT-ENTRY MIDWIFE 17 WAS FIRST LICENSED; 18 (2) A CERTIFIED DIRECT-ENTRY MIDWIFE WHO HAS BEEN 19 LICENSED FOR AT LEAST TWO YEARS IN A STATE WITH LICENSING 20 REQUIREMENTS AT LEAST EQUIVALENT IN SCOPE, QUALITY, AND 21 DIFFICULTY TO THOSE OF THIS STATE AT THE TIME OF LICENSING, HAS 22 PRACTICED MIDWIFERY FOR THE LAST TWO YEARS, AND HAS ACTED 23 AS A PRIMARY OR ASSISTANT MIDWIFE AT 50 OR MORE BIRTHS SINCE 24 THE DATE THE CERTIFIED DIRECT-ENTRY MIDWIFE WAS FIRST 25 LICENSED; 26 (3) A PHYSICIAN LICENSED IN THIS STATE WITH AN 27 OBSTETRICAL PRACTICE AT THE TIME OF UNDERTAKING THE 28 APPRENTICESHIP; OR 29 (4) A CERTIFIED NURSE MIDWIFE LICENSED BY THE BOARD 30 OF NURSING IN THIS STATE WITH AN OBSTETRICAL PRACTICE AT THE 31 TIME OF UNDERTAKING THE APPRENTICESHIP].
01 * Sec. 14. AS 08.65.110 is amended to read: 02 Sec. 08.65.110. Grounds for discipline, suspension, or revocation of 03 certification. The board may impose a disciplinary sanction on a person holding a 04 license [CERTIFICATE] or permit under this chapter if the board finds that the person 05 (1) secured a license [CERTIFICATE] or permit through deceit, fraud, 06 or intentional misrepresentation; 07 (2) engaged in deceit, fraud, or intentional misrepresentation in the 08 course of providing professional services or engaging in professional activities; 09 (3) advertised professional services in a false or misleading manner; 10 (4) has been convicted of a felony or other crime that affects the 11 licensee's ability to continue to practice competently and safely; 12 (5) intentionally or negligently engaged in or permitted the 13 performance of client care by persons under the licensed [CERTIFIED DIRECT- 14 ENTRY] midwife's supervision that does not conform to minimum professional 15 standards regardless of whether actual injury to the client occurred; 16 (6) failed to comply with this chapter, with a regulation adopted under 17 this chapter, or with an order of the board; 18 (7) continued to practice after becoming unfit due to 19 (A) professional incompetence; 20 (B) failure to keep informed of current professional practices; 21 (C) addiction or severe dependency on alcohol or other drugs 22 that impairs the ability to practice safely; or 23 (D) physical or mental disability; or 24 (8) engaged in lewd or immoral conduct in connection with the 25 delivery of professional service to clients. 26 * Sec. 15. AS 08.65.120(a) is amended to read: 27 (a) When the board [IT] finds that a person holding a license 28 [CERTIFICATE] or permit under this chapter is guilty of an offense under 29 AS 08.65.110, the board, in addition to the powers provided in AS 08.01.075, may 30 impose the following sanctions singly or in combination: 31 (1) permanently revoke the license [A CERTIFICATE] or permit [TO
01 PRACTICE]; 02 (2) suspend the license [A CERTIFICATE] or permit for a 03 determinate period of time; 04 (3) censure the [A] person [HOLDING A CERTIFICATE OR 05 PERMIT]; 06 (4) issue a letter of reprimand; 07 (5) place the [A] person [HOLDING A CERTIFICATE OR PERMIT] 08 on probationary status and require the person to 09 (A) report regularly to the board on [UPON] matters involving 10 the basis of probation; 11 (B) limit practice to those areas prescribed; 12 (C) continue professional education until a satisfactory degree 13 of skill has been attained in those areas determined by the board to need 14 improvement; 15 (6) impose limitations or conditions on the practice of the [A] person 16 holding the license [A CERTIFICATE] or permit. 17 * Sec. 16. AS 08.65.120(d) is amended to read: 18 (d) The board may reinstate a license [CERTIFICATE] or permit that has 19 been suspended or revoked if the board finds after a hearing that the applicant for the 20 reinstatement is able to practice with reasonable skill and safety. 21 * Sec. 17. AS 08.65.140 is amended to read: 22 Sec. 08.65.140. Required practices. The board shall adopt regulations 23 regarding the practice of [DIRECT-ENTRY] midwifery. At a minimum, the 24 regulations must require that a licensed [CERTIFIED DIRECT-ENTRY] midwife 25 (1) [RECOMMEND, BEFORE CARE OR DELIVERY OF A 26 CLIENT, THAT THE CLIENT UNDERGO A PHYSICAL EXAMINATION 27 PERFORMED BY A PHYSICIAN, PHYSICIAN ASSISTANT, OR ADVANCED 28 PRACTICE REGISTERED NURSE WHO IS LICENSED IN THIS STATE; 29 (2)] obtain informed consent from a client before onset of labor; 30 (2) [(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 concerning prophylactic treatment of the eyes of newborn infants [; 04 (4) NOT KNOWINGLY DELIVER A WOMAN WITH CERTAIN 05 TYPES OF HEALTH CONDITIONS, PRIOR HISTORY, OR COMPLICATIONS 06 AS SPECIFIED BY THE BOARD]. 07 * Sec. 18. AS 08.65.140 is amended by adding new subsections to read: 08 (b) A licensed midwife may practice midwifery without 09 (1) being under the supervision of, or collaborating with, another 10 health care provider or a health care facility; or 11 (2) entering into a written or other form of agreement with another 12 health care provider or a health care facility. 13 (c) A licensed midwife may provide services using audio, video, or other 14 electronic media for the purpose of diagnosis, consultation, or treatment. 15 (d) The board shall adopt regulations providing that a licensed midwife may 16 practice to the full scope of practice authorized by the midwife's national midwifery 17 certificate. 18 * Sec. 19. AS 08.65.150 is amended to read: 19 Sec. 08.65.150. Prohibited practices. Except as provided in AS 08.65.170, a 20 person who is not licensed [CERTIFIED] under this chapter as a [DIRECT-ENTRY] 21 midwife may not practice midwifery for compensation. 22 * Sec. 20. AS 08.65.160 is amended to read: 23 Sec. 08.65.160. License [CERTIFICATION] required if designation used. 24 A person who is not licensed [CERTIFIED] under this chapter, [OR] whose license 25 [CERTIFICATION] is suspended or revoked, or whose license [CERTIFICATION] 26 has lapsed [,] who knowingly uses in connection with the person's name the [WORDS 27 OR] letters "L.M.," the words "Licensed Midwife," ["C.D.M.," "CERTIFIED 28 DIRECT-ENTRY MIDWIFE,"] or other letters, words, or insignia indicating or 29 implying that the person is licensed [CERTIFIED] as a [DIRECT-ENTRY] midwife 30 by this state or who in any way, orally or in writing, directly or by implication, 31 knowingly holds out as being licensed [CERTIFIED BY THE STATE] as a
01 [DIRECT-ENTRY] midwife in this state is guilty of a class B misdemeanor. In this 02 section, "knowingly" has the meaning given in AS 11.81.900. 03 * Sec. 21. AS 08.65.170 is amended to read: 04 Sec. 08.65.170. Exclusions. This chapter does not apply to a person who is 05 licensed as 06 (1) [WHO IS LICENSED AS] a physician in this state; 07 (2) an advanced practice registered [WHO IS LICENSED AS A 08 CERTIFIED] nurse [MIDWIFE] by the Board of Nursing in this state. 09 [(3) REPEALED 10 (4) REPEALED] 11 * Sec. 22. AS 08.65.180 is amended to read: 12 Sec. 08.65.180. Responsibility for care. If a licensed [CERTIFIED DIRECT- 13 ENTRY] midwife seeks to consult with or refer a patient to a licensed physician, the 14 responsibility of the physician for the patient does not begin until the patient is 15 physically within the physician's care. 16 * Sec. 23. AS 08.65.190(1) is amended to read: 17 (1) "board" means the Board of Licensed [CERTIFIED DIRECT- 18 ENTRY] Midwives; 19 * Sec. 24. AS 08.65.190(3) is amended to read: 20 (3) "practice of midwifery" means providing necessary supervision, 21 health care, preventative measures, and education to women during preconception, 22 pregnancy, labor, and the first postpartum year [PERIOD]; conducting deliveries on 23 the midwife's own responsibility; providing immediate postpartum care of the 24 newborn infant, well-baby care for the infant through the age of six [FOUR] weeks, 25 and preventative measures for the infant; identifying physical, social, and emotional 26 needs of the newborn and the woman; arranging for consultation, referral, and 27 continued involvement of the midwife on a collaborative basis when the care required 28 extends beyond the scope of practice of the midwife; providing direct supervision of 29 student and apprentice midwives; and executing emergency measures in the absence 30 of medical assistance, as specified in regulations adopted by the board. 31 * Sec. 25. AS 08.65.190 is amended by adding new paragraphs to read:
01 (4) "licensed midwife" means a midwife who is licensed under this 02 chapter to practice midwifery; 03 (5) "midwife" means a person who practices midwifery. 04 * Sec. 26. AS 09.65.300(c)(1) is amended to read: 05 (1) "health care provider" means a physician, physician assistant, 06 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 07 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 08 occupational therapist, marital and family therapist, psychologist, psychological 09 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 10 athletic trainer, or licensed [CERTIFIED DIRECT- ENTRY] midwife; 11 * Sec. 27. AS 11.41.470(1) is amended to read: 12 (1) "health care worker" includes a person who is or purports to be an 13 acupuncturist, advanced practice registered nurse, anesthesiologist, licensed 14 [CERTIFIED DIRECT-ENTRY] midwife, chiropractor, dentist, health aide, hypnotist, 15 massage therapist, mental health counselor, midwife, nurse, occupational therapist, 16 occupational therapy assistant, osteopath, naturopath, physical therapist, physical 17 therapist assistant, physician, physician assistant, psychiatrist, psychological associate, 18 psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a 19 substantially similar position; 20 * Sec. 28. AS 18.20.095(e)(2) is amended to read: 21 (2) "licensed staff member" means a person who is employed by the 22 hospital to provide direct patient care and who is licensed or certified in the state as a 23 physician or physician assistant under AS 08.64, licensed [DIRECT-ENTRY] 24 midwife under AS 08.65, nurse or nurse aide under AS 08.68, or physical therapist or 25 occupational therapist under AS 08.84; 26 * Sec. 29. AS 18.50.165(b) is amended to read: 27 (b) The registrar shall distribute copies of the form prepared under (a) of this 28 section to each hospital in the state, to each physician in the state whose practice 29 includes attendance at births, to each certified nurse midwife and licensed 30 [CERTIFIED DIRECT-ENTRY] midwife in the state, and to each other interested 31 person in the state who requests copies of the form.
01 * Sec. 30. AS 21.36.090(d) is amended to read: 02 (d) Except to the extent necessary to comply with AS 21.42.365 and 03 AS 21.56, a person may not practice or permit unfair discrimination against a person 04 who provides a service covered under a group health insurance policy that extends 05 coverage on an expense incurred basis, or under a group service or indemnity type 06 contract issued by a health maintenance organization or a nonprofit corporation, if the 07 service is within the scope of the provider's occupational license. In this subsection, 08 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 09 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 10 physical therapist, occupational therapist, marital and family therapist, psychologist, 11 psychological associate, licensed clinical social worker, licensed professional 12 counselor, licensed [CERTIFIED DIRECT-ENTRY] midwife, or dental hygienist 13 holding an advanced practice permit. 14 * Sec. 31. AS 21.42.347(d) is amended by adding a new paragraph to read: 15 (3) "home birth" means an elective, planned delivery of a child in the 16 home setting. 17 * Sec. 32. AS 21.42.347 is amended by adding a new subsection to read: 18 (e) A health care insurer who provides coverage for the costs of childbirth 19 shall provide coverage for the costs of home birth services, including prenatal care, 20 delivery, and postpartum care of both mother and infant, provided by a licensed 21 midwife who is acting within the scope of the practice of midwifery under AS 08.65. 22 * Sec. 33. AS 21.42.355 is amended by adding new subsections to read: 23 (c) If a health care insurance plan or an excepted benefits policy or contract 24 provides indemnity for the cost of services of a physician provided to women during 25 preconception, pregnancy, childbirth, and the period after childbirth up to one year, 26 indemnity in a reasonable amount shall also be provided for the cost of a midwife 27 licensed under AS 08.65 who provides the same services. Indemnity may be provided 28 under this subsection only if the licensed midwife is practicing as a licensed midwife 29 within the scope of the license. 30 (d) If a health care insurance plan or an excepted benefits policy or contract 31 provides for furnishing those services required of a physician in the care of women
01 during preconception, pregnancy, childbirth, and the period after childbirth up to one 02 year, the contract shall also provide that a midwife licensed under AS 08.65 may 03 furnish those same services instead of a physician. Services may be provided under 04 this subsection only if the licensed midwife is practicing as a licensed midwife in 05 accordance with the regulations adopted under AS 08.65.030(a)(7), and the services 06 provided are within the scope of practice of the license. 07 * Sec. 34. AS 21.84.335(b)(15) is amended to read: 08 (15) AS 21.42.355(a) and (b) [AS 21.42.355]; 09 * Sec. 35. AS 25.20.055(a) is amended to read: 10 (a) When a birth occurs to an unmarried woman in a hospital or en route to a 11 hospital to which the woman is later admitted, the hospital shall ensure that a staff 12 member 13 (1) meets with the woman before release from the hospital; 14 (2) attempts to meet with the father of the unmarried woman's child, if 15 possible; 16 (3) presents to the mother and, if possible, the father, a pamphlet or 17 statement regarding the rights and responsibilities of a natural parent; the Department 18 of Health shall prepare this pamphlet and distribute copies of it to each hospital in the 19 state, to each physician in the state whose practice includes attendance at births, to 20 each certified nurse midwife and licensed [CERTIFIED DIRECT-ENTRY] midwife 21 in the state, and to other interested persons in the state who request copies; 22 (4) provides to the mother and, if possible, the father, all forms, 23 statements, or agreements necessary to voluntarily establish a parent and child 24 relationship, including an acknowledgment of paternity form prepared under 25 AS 18.50.165; 26 (5) on request of the mother and father, assists the father in completing 27 specific forms, statements, or agreements necessary to establish a parent and child 28 relationship between the father and the child; and 29 (6) on request of the mother and father, mails a completed voluntary 30 acknowledgment of paternity form to the state registrar for filing under AS 18.50.165. 31 * Sec. 36. AS 25.20.055(b) is amended to read:
01 (b) When a birth occurs to an unmarried woman who is not in a hospital for 02 the birth nor admitted to a hospital immediately after the birth, and the birth is 03 attended by a physician, certified nurse midwife, or licensed [CERTIFIED DIRECT- 04 ENTRY] midwife, the physician, certified nurse midwife, or licensed [CERTIFIED 05 DIRECT-ENTRY] midwife shall perform the duties described in (a)(2) - (6) of this 06 section or ensure that an agent performs those duties. 07 * Sec. 37. AS 44.62.330(a)(36) is amended to read: 08 (36) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives; 09 * Sec. 38. AS 47.07.900(13) is amended to read: 10 (13) "midwife services" means services within the practice of 11 midwifery, as defined in AS 08.65.190, that are performed by a licensed [CERTIFIED 12 DIRECT-ENTRY] midwife, and miscellaneous fees, other than facility fees, for birth 13 kits, oxygen, and other ancillary expenses necessary for a birth attended by a licensed 14 [CERTIFIED DIRECT-ENTRY] midwife; 15 * Sec. 39. AS 47.20.320(d) is amended to read: 16 (d) A hospital or other health facility, clinical laboratory, audiologist, 17 physician, registered or advanced practice registered nurse, licensed [CERTIFIED 18 DIRECT-ENTRY] midwife, officer or employee of a health facility or clinical 19 laboratory, or an employee of an audiologist, physician, or registered or advanced 20 practice registered nurse is not criminally or civilly liable for furnishing information in 21 good faith to the department or its designee under this section. The furnishing of 22 information in accordance with this section is not a violation of AS 08 or AS 18 or 23 regulations adopted under AS 08 or AS 18 for licensees under those statutes. 24 * Sec. 40. AS 08.65.060, 08.65.070, and 08.65.090(b) are repealed. 25 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: CONTINUATION OF BOARD. Notwithstanding AS 08.65.030, as 28 amended by sec. 9 of this Act, the members of the Board of Certified Direct-Entry Midwives, 29 as that board is constituted under AS 08.65.030, as that section reads on August 31, 2023, 30 shall operate as the Board of Licensed Midwives, established by AS 08.65.010, as amended 31 by secs. 7 and 8 of this Act, from September 1, 2023, until the new members of the Board of
01 Licensed Midwives are appointed by the governor under sec. 43 of this Act and confirmed by 02 the legislature under AS 08.65.010(b), as amended by sec. 8 of this Act. 03 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: CURRENT DIRECT-ENTRY MIDWIVES, MIDWIVES LICENSED 06 BY CREDENTIALS, AND APPRENTICE MIDWIVES. (a) Notwithstanding AS 08.65.050, 07 as amended by sec. 11 of this Act, a person who holds on August 31, 2023, an unexpired 08 certificate to practice direct-entry midwifery issued under AS 08.65.050, as that section reads 09 on August 31, 2023, is licensed on the effective date of sec. 11 of this Act to practice 10 midwifery under AS 08.65.050, as amended by sec. 11 of this Act, for a two-year period. 11 (b) Notwithstanding sec. 40 of this Act, a person who holds on August 31, 2023, an 12 unexpired certificate to practice direct-entry midwifery issued under AS 08.65.070, as that 13 section reads on August 31, 2023, may continue to practice direct-entry midwifery under that 14 certificate until the certificate expires normally under AS 08.65.080, as that section reads on 15 August 31, 2023, but shall otherwise comply with the provisions of AS 08.65. 16 (c) Notwithstanding AS 08.65.090, as amended by sec. 13 of this Act, a person who 17 holds on August 31, 2023, an unexpired permit to practice as an apprentice direct-entry 18 midwife issued under AS 08.65.090, as that section reads on August 31, 2023, is permitted on 19 the effective date of sec. 13 of this Act to practice as an apprentice midwife under 20 AS 08.65.090, as amended by sec. 13 of this Act, for a two-year period. 21 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: NEW BOARD MEMBERS. (a) Within 60 days after the effective 24 date of sec. 8 of this Act, the governor shall appoint a licensed midwife to be a member of the 25 board to replace the physician member of the board for the remainder of the term of the 26 physician member. 27 (b) Within 60 days after the effective date of sec. 8 of this Act, the governor shall 28 appoint a licensed midwife to be a member of the board to replace the certified nurse midwife 29 member of the board for the remainder of the term of the certified nurse midwife member. 30 (c) The board, as constituted under (a) and (b) of this section, shall begin operating as 31 the board when the legislature has confirmed the members appointed under (a) and (b) of this
01 section. 02 (d) In this section, "board" means the Board of Licensed Midwives established by 03 AS 08.65.010, as amended by secs. 7 and 8 of this Act. 04 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. The Board of Direct-Entry Midwives may adopt 07 regulations to implement the changes made by secs. 1 – 4 and 6 - 40 of this Act. The 08 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 09 September 1, 2023. 10 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 RETROACTIVITY. If sec. 5 of this Act takes effect after June 30, 2023, sec. 5 of this 13 Act is retroactive to June 30, 2023. 14 * Sec. 46. Section 45 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 47. Section 5 of this Act takes effect June 30, 2023. 16 * Sec. 48. Except as provided in secs. 46 and 47 of this Act, this Act takes effect 17 September 1, 2023.