SSHB 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 SPONSOR SUBSTITUTE FOR 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 ensure 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 in accordance with national licensing 24 requirements and standards [ESTABLISHING CERTIFICATION AND 25 CERTIFICATE RENEWAL REQUIREMENTS]; 26 (3) issue permits to apprentice [DIRECT-ENTRY] midwives; 27 (4) hold hearings and order the disciplinary sanction of a person who 28 violates this chapter or a regulation of the board; 29 (5) supply forms for applications, licenses, permits, 30 [CERTIFICATES,] and other papers and records; 31 (6) enforce the provisions of this chapter and adopt regulations
01 necessary to make the provisions of this chapter effective; 02 (7) [APPROVE CURRICULA AND ADOPT STANDARDS FOR 03 BASIC EDUCATION, TRAINING, AND APPRENTICE PROGRAMS; 04 (8) PROVIDE FOR SURVEYS OF THE BASIC DIRECT-ENTRY 05 MIDWIFE EDUCATION PROGRAMS IN THE STATE AT THE TIMES IT 06 CONSIDERS NECESSARY; 07 (9) APPROVE EDUCATION, TRAINING, AND APPRENTICE 08 PROGRAMS THAT MEET THE REQUIREMENTS OF THIS CHAPTER AND OF 09 THE BOARD, AND DENY, REVOKE, OR SUSPEND APPROVAL OF THOSE 10 PROGRAMS FOR FAILURE TO MEET THE REQUIREMENTS; 11 (10)] adopt regulations establishing practice requirements for licensed 12 [CERTIFIED DIRECT-ENTRY] midwives under AS 08.65.140(a) [AS 08.65.140]. 13 (b) The board may by regulation require that a licensed [CERTIFIED 14 DIRECT-ENTRY] midwife undergo a uniform or random period of peer review to 15 ensure the quality of care provided by the licensed [CERTIFIED DIRECT-ENTRY] 16 midwife. 17 * Sec. 10. AS 08.65.030 is amended by adding new subsections to read: 18 (c) The board may not adopt a regulation that 19 (1) requires a person to have a nursing degree or diploma to be 20 licensed under this chapter; 21 (2) requires a licensed midwife to practice midwifery under the 22 supervision of, or in collaboration with, another health care provider or a health care 23 facility; 24 (3) requires a licensed midwife to enter into an agreement, whether 25 written, oral, or in another form, with another health care provider or a health care 26 facility; 27 (4) limits the location where a licensed midwife may practice 28 midwifery; or 29 (5) restricts or limits educational pathways to becoming a licensed 30 midwife. 31 (d) In this section,
01 (1) "health care facility" has the meaning given in AS 18.35.399; 02 (2) "health care provider" has the meaning given in AS 09.65.300. 03 * Sec. 11. AS 08.65.050 is amended to read: 04 Sec. 08.65.050. Qualifications for license. The board shall issue a license 05 [CERTIFICATE] to practice [DIRECT-ENTRY] midwifery to a person who 06 (1) holds a valid certified professional midwife certificate, if the 07 certificate is issued by a nationally recognized midwife organization recognized 08 by the board; 09 (2) applies on a form provided by the board; 10 (3) [(2)] pays the fees required under AS 08.65.100; 11 (4) [(3)] furnishes evidence satisfactory to the board that the person 12 has not engaged in conduct that is a ground for imposing disciplinary sanctions under 13 AS 08.65.110; 14 (5) [(4)] furnishes evidence [SATISFACTORY] to the board that the 15 person has completed a course of midwifery study and supervised clinical experience; 16 the study and experience must be of at least two years' [ONE YEAR'S] duration; and 17 (6) [(5)] successfully completes the national midwifery examination 18 required by the board. 19 * Sec. 12. AS 08.65.080 is amended to read: 20 Sec. 08.65.080. Renewal. A license [CERTIFICATE] issued under 21 AS 08.65.050 [OR 08.65.070] expires on a date determined by the board and may be 22 renewed every two years upon payment of the required fee and the submission of 23 evidence satisfactory to the board that the licensed [CERTIFIED DIRECT-ENTRY] 24 midwife holds a valid certified professional midwife certificate issued by a 25 nationally recognized midwife organization recognized by the board and has met 26 the continuing education requirements of the board, has demonstrated continued 27 practical professional competence under regulations adopted by the board, and has not 28 committed an act that is a ground for discipline under AS 08.65.110. 29 * Sec. 13. AS 08.65.080 is amended by adding a new subsection to read: 30 (b) A person holding a valid license to practice midwifery under AS 08.65.050 31 on September 1, 2023, who held a certificate to practice midwifery under
01 AS 08.65.050 or 08.65.070 on August 31, 2023, may renew the license under the 02 requirements imposed under this section as this section read on August 31, 2023, but 03 is otherwise subject to this chapter. 04 * Sec. 14. AS 08.65.090 is amended to read: 05 Sec. 08.65.090. Apprentice direct-entry midwives. (a) The board shall issue 06 a permit to practice as an apprentice [DIRECT-ENTRY] midwife to a person who 07 satisfies the requirements of AS 08.65.050(1) - (3) and who has been accepted into a 08 program of education, training, and apprenticeship approved by the board under 09 AS 08.65.030 and that prepares the apprentice for the national midwifery 10 examination. A permit application under this section must include information the 11 board may require. The permit is valid for a term of two years and may be renewed in 12 accordance with regulations adopted by the board. 13 (b) An apprentice direct-entry midwife may perform all the activities of a 14 licensed [CERTIFIED DIRECT-ENTRY] midwife if supervised in a manner 15 prescribed by the board in regulation [BY 16 (1) A CERTIFIED DIRECT-ENTRY MIDWIFE WHO HAS BEEN 17 LICENSED AND PRACTICING IN THIS STATE FOR AT LEAST TWO YEARS 18 AND HAS ACTED AS A PRIMARY OR ASSISTANT MIDWIFE AT 50 OR 19 MORE BIRTHS SINCE THE DATE THE CERTIFIED DIRECT-ENTRY MIDWIFE 20 WAS FIRST LICENSED; 21 (2) A CERTIFIED DIRECT-ENTRY MIDWIFE WHO HAS BEEN 22 LICENSED FOR AT LEAST TWO YEARS IN A STATE WITH LICENSING 23 REQUIREMENTS AT LEAST EQUIVALENT IN SCOPE, QUALITY, AND 24 DIFFICULTY TO THOSE OF THIS STATE AT THE TIME OF LICENSING, HAS 25 PRACTICED MIDWIFERY FOR THE LAST TWO YEARS, AND HAS ACTED 26 AS A PRIMARY OR ASSISTANT MIDWIFE AT 50 OR MORE BIRTHS SINCE 27 THE DATE THE CERTIFIED DIRECT-ENTRY MIDWIFE WAS FIRST 28 LICENSED; 29 (3) A PHYSICIAN LICENSED IN THIS STATE WITH AN 30 OBSTETRICAL PRACTICE AT THE TIME OF UNDERTAKING THE 31 APPRENTICESHIP; OR
01 (4) A CERTIFIED NURSE MIDWIFE LICENSED BY THE BOARD 02 OF NURSING IN THIS STATE WITH AN OBSTETRICAL PRACTICE AT THE 03 TIME OF UNDERTAKING THE APPRENTICESHIP]. 04 * Sec. 15. AS 08.65.110 is amended to read: 05 Sec. 08.65.110. Grounds for discipline, suspension, or revocation of 06 certification. The board may impose a disciplinary sanction on a person holding a 07 license [CERTIFICATE] or permit under this chapter if the board finds that the person 08 (1) secured a license [CERTIFICATE] or permit through deceit, fraud, 09 or intentional misrepresentation; 10 (2) engaged in deceit, fraud, or intentional misrepresentation in the 11 course of providing professional services or engaging in professional activities; 12 (3) advertised professional services in a false or misleading manner; 13 (4) has been convicted of a felony or other crime that affects the 14 licensee's ability to continue to practice competently and safely; 15 (5) intentionally or negligently engaged in or permitted the 16 performance of client care by persons under the licensed [CERTIFIED DIRECT- 17 ENTRY] midwife's supervision that does not conform to minimum professional 18 standards regardless of whether actual injury to the client occurred; 19 (6) failed to comply with this chapter, with a regulation adopted under 20 this chapter, or with an order of the board; 21 (7) continued to practice after becoming unfit due to 22 (A) professional incompetence; 23 (B) failure to keep informed of current professional practices; 24 (C) addiction or severe dependency on alcohol or other drugs 25 that impairs the ability to practice safely; or 26 (D) physical or mental disability; or 27 (8) engaged in lewd or immoral conduct in connection with the 28 delivery of professional service to clients. 29 * Sec. 16. AS 08.65.120(a) is amended to read: 30 (a) When the board [IT] finds that a person holding a license 31 [CERTIFICATE] or permit under this chapter is guilty of an offense under
01 AS 08.65.110, the board, in addition to the powers provided in AS 08.01.075, may 02 impose the following sanctions singly or in combination: 03 (1) permanently revoke the license [A CERTIFICATE] or permit [TO 04 PRACTICE]; 05 (2) suspend the license [A CERTIFICATE] or permit for a 06 determinate period of time; 07 (3) censure the [A] person [HOLDING A CERTIFICATE OR 08 PERMIT]; 09 (4) issue a letter of reprimand; 10 (5) place the [A] person [HOLDING A CERTIFICATE OR PERMIT] 11 on probationary status and require the person to 12 (A) report regularly to the board on [UPON] matters involving 13 the basis of probation; 14 (B) limit practice to those areas prescribed; 15 (C) continue professional education until a satisfactory degree 16 of skill has been attained in those areas determined by the board to need 17 improvement; 18 (6) impose limitations or conditions on the practice of the [A] person 19 holding the license [A CERTIFICATE] or permit. 20 * Sec. 17. AS 08.65.120(d) is amended to read: 21 (d) The board may reinstate a license [CERTIFICATE] or permit that has 22 been suspended or revoked if the board finds after a hearing that the applicant for the 23 reinstatement is able to practice with reasonable skill and safety. 24 * Sec. 18. AS 08.65.140 is amended to read: 25 Sec. 08.65.140. Required practices. The board shall adopt regulations 26 regarding the practice of [DIRECT-ENTRY] midwifery. At a minimum, the 27 regulations must require that a licensed [CERTIFIED DIRECT-ENTRY] midwife 28 (1) [RECOMMEND, BEFORE CARE OR DELIVERY OF A 29 CLIENT, THAT THE CLIENT UNDERGO A PHYSICAL EXAMINATION 30 PERFORMED BY A PHYSICIAN, PHYSICIAN ASSISTANT, OR ADVANCED 31 PRACTICE REGISTERED NURSE WHO IS LICENSED IN THIS STATE;
01 (2)] obtain informed consent from a client before onset of labor; 02 (2) [(3)] comply with AS 18.15.150 regarding taking of blood samples, 03 AS 18.15.200 regarding screening of phenylketonuria (PKU), AS 18.50.160 regarding 04 birth registration, AS 18.50.230 regarding registration of deaths, AS 18.50.240 05 regarding fetal death registration, and regulations adopted by the Department of 06 Health concerning prophylactic treatment of the eyes of newborn infants [; 07 (4) NOT KNOWINGLY DELIVER A WOMAN WITH CERTAIN 08 TYPES OF HEALTH CONDITIONS, PRIOR HISTORY, OR COMPLICATIONS 09 AS SPECIFIED BY THE BOARD]. 10 * Sec. 19. AS 08.65.140 is amended by adding new subsections to read: 11 (b) A licensed midwife may practice midwifery without 12 (1) being under the supervision of, or collaborating with, another 13 health care provider or a health care facility; or 14 (2) entering into a written or other form of agreement with another 15 health care provider or a health care facility. 16 (c) The board shall adopt regulations providing that a licensed midwife may 17 practice to the full scope of practice authorized by the midwife's national midwifery 18 certificate. 19 * Sec. 20. AS 08.65.150 is amended to read: 20 Sec. 08.65.150. Prohibited practices. Except as provided in AS 08.65.170, a 21 person who is not licensed [CERTIFIED] under this chapter as a [DIRECT-ENTRY] 22 midwife may not practice midwifery for compensation. 23 * Sec. 21. AS 08.65.160 is amended to read: 24 Sec. 08.65.160. License [CERTIFICATION] required if designation used. 25 A person who is not licensed [CERTIFIED] under this chapter, [OR] whose license 26 [CERTIFICATION] is suspended or revoked, or whose license [CERTIFICATION] 27 has lapsed [,] who knowingly uses in connection with the person's name the [WORDS 28 OR] letters "L.M.," the words "Licensed Midwife," ["C.D.M.," "CERTIFIED 29 DIRECT-ENTRY MIDWIFE,"] or other letters, words, or insignia indicating or 30 implying that the person is licensed [CERTIFIED] as a [DIRECT-ENTRY] midwife 31 by this state or who in any way, orally or in writing, directly or by implication,
01 knowingly holds out as being licensed [CERTIFIED BY THE STATE] as a 02 [DIRECT-ENTRY] midwife in this state is guilty of a class B misdemeanor. In this 03 section, "knowingly" has the meaning given in AS 11.81.900. 04 * Sec. 22. AS 08.65.170 is amended to read: 05 Sec. 08.65.170. Exclusions. This chapter does not apply to a person who is 06 licensed as 07 (1) [WHO IS LICENSED AS] a physician in this state; 08 (2) an advanced practice registered [WHO IS LICENSED AS A 09 CERTIFIED] nurse [MIDWIFE] by the Board of Nursing in this state. 10 [(3) REPEALED 11 (4) REPEALED] 12 * Sec. 23. AS 08.65.180 is amended to read: 13 Sec. 08.65.180. Responsibility for care. If a licensed [CERTIFIED DIRECT- 14 ENTRY] midwife seeks to consult with or refer a patient to a licensed physician, the 15 responsibility of the physician for the patient does not begin until the patient is 16 physically within the physician's care. 17 * Sec. 24. AS 08.65.190(1) is amended to read: 18 (1) "board" means the Board of Licensed [CERTIFIED DIRECT- 19 ENTRY] Midwives; 20 * Sec. 25. AS 08.65.190(3) is amended to read: 21 (3) "practice of midwifery" means providing necessary supervision, 22 health care, preventative measures, and education to women during pregnancy, labor, 23 and the first postpartum year; providing preconception care [PERIOD]; conducting 24 deliveries on the midwife's own responsibility; providing immediate postpartum care 25 of the newborn infant, well-baby care for the infant through the age of six [FOUR] 26 weeks, and preventative measures for the infant; identifying physical, social, and 27 emotional needs of the newborn and the woman; arranging for consultation, referral, 28 and continued involvement of the midwife on a collaborative basis when the care 29 required extends beyond the scope of practice of the midwife; providing direct 30 supervision of student and apprentice midwives; and executing emergency measures 31 in the absence of medical assistance, as specified in regulations adopted by the board.
01 * Sec. 26. AS 08.65.190 is amended by adding new paragraphs to read: 02 (4) "licensed midwife" means a midwife who is licensed under this 03 chapter to practice midwifery; 04 (5) "midwife" means a person who practices midwifery; 05 (6) "preconception care" means health care identifying and treating a 06 person's biomedical, behavioral, and social risk factors to maximize the person's 07 conception health and pregnancy outcomes during the person's reproductive years. 08 * Sec. 27. AS 09.65.300(c)(1) is amended to read: 09 (1) "health care provider" means a physician, physician assistant, 10 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 11 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 12 occupational therapist, marital and family therapist, psychologist, psychological 13 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 14 athletic trainer, or licensed [CERTIFIED DIRECT-ENTRY] midwife; 15 * Sec. 28. AS 11.41.470(1) is amended to read: 16 (1) "health care worker" includes a person who is or purports to be an 17 acupuncturist, advanced practice registered nurse, anesthesiologist, licensed 18 [CERTIFIED DIRECT-ENTRY] midwife, chiropractor, dentist, health aide, hypnotist, 19 massage therapist, mental health counselor, midwife, nurse, occupational therapist, 20 occupational therapy assistant, osteopath, naturopath, physical therapist, physical 21 therapist assistant, physician, physician assistant, psychiatrist, psychological associate, 22 psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a 23 substantially similar position; 24 * Sec. 29. AS 18.20.095(e)(2) is amended to read: 25 (2) "licensed staff member" means a person who is employed by the 26 hospital to provide direct patient care and who is licensed or certified in the state as a 27 physician or physician assistant under AS 08.64, licensed [DIRECT-ENTRY] 28 midwife under AS 08.65, nurse or nurse aide under AS 08.68, or physical therapist or 29 occupational therapist under AS 08.84; 30 * Sec. 30. AS 18.50.165(b) is amended to read: 31 (b) The registrar shall distribute copies of the form prepared under (a) of this
01 section to each hospital in the state, to each physician in the state whose practice 02 includes attendance at births, to each certified nurse midwife and licensed 03 [CERTIFIED DIRECT-ENTRY] midwife in the state, and to each other interested 04 person in the state who requests copies of the form. 05 * Sec. 31. AS 21.36.090(d) is amended to read: 06 (d) Except to the extent necessary to comply with AS 21.42.365 and 07 AS 21.56, a person may not practice or permit unfair discrimination against a person 08 who provides a service covered under a group health insurance policy that extends 09 coverage on an expense incurred basis, or under a group service or indemnity type 10 contract issued by a health maintenance organization or a nonprofit corporation, if the 11 service is within the scope of the provider's occupational license. In this subsection, 12 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 13 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 14 physical therapist, occupational therapist, marital and family therapist, psychologist, 15 psychological associate, licensed clinical social worker, licensed professional 16 counselor, licensed [CERTIFIED DIRECT-ENTRY] midwife, or dental hygienist 17 holding an advanced practice permit. 18 * Sec. 32. AS 21.42.347(d) is amended by adding a new paragraph to read: 19 (3) "home birth" means an elective, planned delivery of a child in the 20 home setting. 21 * Sec. 33. AS 21.42.347 is amended by adding a new subsection to read: 22 (e) A health care insurer who provides coverage for the costs of childbirth 23 shall provide coverage for the costs of home birth services, including prenatal care, 24 delivery, and postpartum care of both mother and infant, provided by a licensed 25 midwife who is acting within the scope of the practice of midwifery under AS 08.65. 26 * Sec. 34. AS 21.42.355 is amended by adding new subsections to read: 27 (c) If a health care insurance plan or an excepted benefits policy or contract 28 provides indemnity for the cost of services of a physician provided to women for 29 preconception care, pregnancy, childbirth, and the period after childbirth up to one 30 year, indemnity in a reasonable amount shall also be provided for the cost of a 31 midwife licensed under AS 08.65 who provides the same services. Indemnity may be
01 provided under this subsection only if the licensed midwife is practicing as a licensed 02 midwife within the scope of the license. 03 (d) If a health care insurance plan or an excepted benefits policy or contract 04 provides for furnishing those services required of a physician in the care of women for 05 preconception care, pregnancy, childbirth, and the period after childbirth up to one 06 year, the contract shall also provide that a midwife licensed under AS 08.65 may 07 furnish those same services instead of a physician. Services may be provided under 08 this subsection only if the licensed midwife is practicing as a licensed midwife in 09 accordance with the regulations adopted under AS 08.65.030(a)(7), and the services 10 provided are within the scope of practice of the license. 11 * Sec. 35. AS 21.42.599 is amended by adding a new paragraph to read: 12 (9) "preconception care" has the meaning given in AS 08.65.190. 13 * Sec. 36. AS 21.84.335(b)(15) is amended to read: 14 (15) AS 21.42.355(a) and (b) [AS 21.42.355]; 15 * Sec. 37. AS 25.20.055(a) is amended to read: 16 (a) When a birth occurs to an unmarried woman in a hospital or en route to a 17 hospital to which the woman is later admitted, the hospital shall ensure that a staff 18 member 19 (1) meets with the woman before release from the hospital; 20 (2) attempts to meet with the father of the unmarried woman's child, if 21 possible; 22 (3) presents to the mother and, if possible, the father, a pamphlet or 23 statement regarding the rights and responsibilities of a natural parent; the Department 24 of Health shall prepare this pamphlet and distribute copies of it to each hospital in the 25 state, to each physician in the state whose practice includes attendance at births, to 26 each certified nurse midwife and licensed [CERTIFIED DIRECT-ENTRY] midwife 27 in the state, and to other interested persons in the state who request copies; 28 (4) provides to the mother and, if possible, the father, all forms, 29 statements, or agreements necessary to voluntarily establish a parent and child 30 relationship, including an acknowledgment of paternity form prepared under 31 AS 18.50.165;
01 (5) on request of the mother and father, assists the father in completing 02 specific forms, statements, or agreements necessary to establish a parent and child 03 relationship between the father and the child; and 04 (6) on request of the mother and father, mails a completed voluntary 05 acknowledgment of paternity form to the state registrar for filing under AS 18.50.165. 06 * Sec. 38. AS 25.20.055(b) is amended to read: 07 (b) When a birth occurs to an unmarried woman who is not in a hospital for 08 the birth nor admitted to a hospital immediately after the birth, and the birth is 09 attended by a physician, certified nurse midwife, or licensed [CERTIFIED DIRECT- 10 ENTRY] midwife, the physician, certified nurse midwife, or licensed [CERTIFIED 11 DIRECT-ENTRY] midwife shall perform the duties described in (a)(2) - (6) of this 12 section or ensure that an agent performs those duties. 13 * Sec. 39. AS 44.62.330(a)(36) is amended to read: 14 (36) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives; 15 * Sec. 40. AS 47.07.900(13) is amended to read: 16 (13) "midwife services" means services within the practice of 17 midwifery, as defined in AS 08.65.190, that are performed by a licensed [CERTIFIED 18 DIRECT-ENTRY] midwife, and miscellaneous fees, other than facility fees, for birth 19 kits, oxygen, and other ancillary expenses necessary for a birth attended by a licensed 20 [CERTIFIED DIRECT-ENTRY] midwife; 21 * Sec. 41. AS 47.20.320(d) is amended to read: 22 (d) A hospital or other health facility, clinical laboratory, audiologist, 23 physician, registered or advanced practice registered nurse, licensed [CERTIFIED 24 DIRECT-ENTRY] midwife, officer or employee of a health facility or clinical 25 laboratory, or an employee of an audiologist, physician, or registered or advanced 26 practice registered nurse is not criminally or civilly liable for furnishing information in 27 good faith to the department or its designee under this section. The furnishing of 28 information in accordance with this section is not a violation of AS 08 or AS 18 or 29 regulations adopted under AS 08 or AS 18 for licensees under those statutes. 30 * Sec. 42. AS 08.65.060, 08.65.070, and 08.65.090(b) are repealed. 31 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: CONTINUATION OF BOARD. Notwithstanding AS 08.65.030, as 03 amended by sec. 9 of this Act, the members of the Board of Certified Direct-Entry Midwives, 04 as that board is constituted under AS 08.65.030, as that section reads on August 31, 2023, 05 shall operate as the Board of Licensed Midwives, established by AS 08.65.010, as amended 06 by secs. 7 and 8 of this Act, from September 1, 2023, until the new members of the Board of 07 Licensed Midwives are appointed by the governor under sec. 44 of this Act and confirmed by 08 the legislature under AS 08.65.010(b), as amended by sec. 8 of this Act. 09 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: NEW BOARD MEMBERS. (a) Within 60 days after the effective 12 date of sec. 8 of this Act, the governor shall appoint a licensed midwife to be a member of the 13 board to replace the physician member of the board for the remainder of the term of the 14 physician member. 15 (b) Within 60 days after the effective date of sec. 8 of this Act, the governor shall 16 appoint a licensed midwife to be a member of the board to replace the certified nurse midwife 17 member of the board for the remainder of the term of the certified nurse midwife member. 18 (c) The board, as constituted under (a) and (b) of this section, shall begin operating as 19 the board when the legislature has confirmed the members appointed under (a) and (b) of this 20 section. 21 (d) In this section, "board" means the Board of Licensed Midwives established by 22 AS 08.65.010, as amended by secs. 7 and 8 of this Act. 23 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: CURRENT DIRECT-ENTRY MIDWIVES, MIDWIVES LICENSED 26 BY CREDENTIALS, AND APPRENTICE MIDWIVES. (a) Notwithstanding AS 08.65.050, 27 as amended by sec. 11 of this Act, a person who holds on August 31, 2023, an unexpired 28 certificate to practice direct-entry midwifery issued under AS 08.65.050, as that section read 29 on August 31, 2023, is licensed on the effective date of sec. 11 of this Act to practice 30 midwifery under AS 08.65.050, as amended by sec. 11 of this Act. 31 (b) Notwithstanding sec. 42 of this Act, a person who holds on August 31, 2023, an
01 unexpired certificate to practice direct-entry midwifery issued under AS 08.65.070, as that 02 section read on August 31, 2023, is licensed on the effective date of sec. 11 of this Act to 03 practice midwifery under AS 08.65.050, as amended by sec. 11 of this Act. 04 (c) Notwithstanding AS 08.65.090, as amended by sec. 14 of this Act, a person who 05 holds on August 31, 2023, an unexpired permit to practice as an apprentice direct-entry 06 midwife issued under AS 08.65.090, as that section read on August 31, 2023, is permitted on 07 the effective date of sec. 14 of this Act to practice as an apprentice midwife under 08 AS 08.65.090, as amended by sec. 14 of this Act. 09 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: REGULATIONS. The Board of Direct-Entry Midwives may adopt 12 regulations to implement the changes made by secs. 1 - 4 and 6 - 42 of this Act. The 13 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 14 September 1, 2023. 15 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 RETROACTIVITY. Section 5 of this Act is retroactive to June 30, 2023. 18 * Sec. 48. Section 47 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 49. Section 5 of this Act takes effect June 30, 2023. 20 * Sec. 50. Except as provided in secs. 48 and 49 of this Act, this Act takes effect 21 September 1, 2023.