SB 192: "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; and providing for an effective date."
00 SENATE BILL NO. 192 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; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE INTENT. It is the intent of the legislature to preserve the right of 08 women to deliver children at home with licensed midwives, to remove obstacles for safe 09 deliveries outside of hospitals, to assure quality care of pregnant women and the children they 10 deliver, and to guarantee insurance coverage for home births. 11 * Sec. 2. AS 08.01.010(17) is amended to read: 12 (17) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives 13 (AS 08.65.010); 14 * Sec. 3. AS 08.02.010(a) is amended to read:
01 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 02 language pathologist licensed under AS 08.11, a behavior analyst licensed under 03 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 04 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 05 or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, 06 a marital and family therapist licensed under AS 08.63, a medical practitioner or 07 osteopath under AS 08.64, a [DIRECT-ENTRY] midwife licensed [CERTIFIED] 08 under AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an 09 optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 10 therapist or occupational therapist licensed under AS 08.84, a psychologist under 11 AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 12 professional identification appropriate letters or a title after that person's name that 13 represents the person's specific field of practice. The letters or title shall appear on all 14 signs, stationery, or other advertising in which the person offers or displays personal 15 professional services to the public. In addition, a person engaged in the practice of 16 medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 17 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 18 relation to human health or disease and uses the letters "M.D." or the title "doctor" or 19 "physician" or another title that tends to show that the person is willing or qualified to 20 diagnose, treat, test, or counsel another person, shall clarify the letters or title by 21 adding the appropriate specialist designation, if any, such as "dermatologist," 22 "radiologist," "audiologist," "naturopath," or the like. 23 * Sec. 4. AS 08.03.010(c)(8) is amended to read: 24 (8) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives 25 (AS 08.65.010) - June 30, 2023; 26 * Sec. 5. AS 08.64.370 is amended to read: 27 Sec. 08.64.370. Exceptions to application of chapter. This chapter does not 28 apply to 29 (1) officers in the regular medical service of the armed services of the 30 United States or the United States Public Health Service while in the discharge of their 31 official duties;
01 (2) a physician or osteopath, who is not a resident of this state, who is 02 asked by a physician or osteopath licensed in this state to help in the diagnosis or 03 treatment of a case; 04 (3) the practice of the religious tenets of a church; 05 (4) a physician in the regular medical service of the United States 06 Public Health Service or the armed services of the United States volunteering services 07 without pay or other remuneration to a hospital, clinic, medical office, or other 08 medical facility in the state; 09 (5) a person who is a licensed [CERTIFIED AS A DIRECT-ENTRY] 10 midwife [BY THE DEPARTMENT] under AS 08.65 while engaged in the practice of 11 midwifery whether or not the person accepts compensation for those services; in this 12 paragraph, "licensed midwife" has the meaning given in AS 08.65.190; 13 (6) a physician licensed in another state who, under a written 14 agreement with an athletic team located in the state in which the physician is licensed, 15 provides medical services to members of the athletic team while the athletic team is 16 traveling to or from or participating in a sporting event in this state. 17 * Sec. 6. AS 08.65.010(a) is amended to read: 18 (a) There is established the Board of Licensed [CERTIFIED DIRECT- 19 ENTRY] Midwives. 20 * Sec. 7. AS 08.65.010(b) is amended to read: 21 (b) The board consists of five members appointed by the governor subject to 22 confirmation by the legislature in joint session. Members serve for staggered terms of 23 four years and, except as provided in AS 39.05.080(4), each member serves until a 24 successor is appointed and qualified. The board consists of two members who are 25 licensed [CERTIFIED] in this state as [DIRECT-ENTRY] midwives, two members 26 who are advanced practice registered nurses [ONE PHYSICIAN LICENSED BY 27 THE STATE MEDICAL BOARD IN THIS STATE WHO HAS AN OBSTETRICAL 28 PRACTICE OR HAS SPECIALIZED TRAINING IN OBSTETRICS, ONE 29 CERTIFIED NURSE MIDWIFE] licensed under AS 08.68 by the Board of Nursing 30 in this state and who practice in an out-of-hospital setting, and one public member. 31 * Sec. 8. AS 08.65.030 is amended to read:
01 Sec. 08.65.030. Duties and powers of board. (a) The board shall 02 (1) review applications for licenses to engage in the practice of 03 midwifery to determine whether the applicants satisfy the requirements of 04 AS 08.65.050 [EXAMINE APPLICANTS AND ISSUE CERTIFICATES TO THOSE 05 APPLICANTS IT FINDS QUALIFIED]; 06 (2) after consultation with a nationally recognized midwife 07 organization, adopt regulations from time to time regarding the licensing, license 08 renewal, and practice [ESTABLISHING CERTIFICATION AND CERTIFICATE 09 RENEWAL] requirements for the practice of midwifery that are in the public 10 interest; the regulations must allow a person to become a licensed midwife by any 11 method that the board determines is in the public interest; 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 board may not adopt a regulation that 05 (1) requires a person to have a nursing degree or diploma to be 06 licensed under this chapter; 07 (2) requires a licensed midwife to practice midwifery under the 08 supervision of, or in collaboration with, another health care provider or a health care 09 facility; 10 (3) requires a licensed midwife to enter into an agreement, whether 11 written, oral, or in another form, with another health care provider or a health care 12 facility; or 13 (4) limits the location where a licensed midwife may practice 14 midwifery. 15 (c) In this section, 16 (1) "health care facility" has the meaning given in AS 18.35.399; 17 (2) "health care provider" has the meaning given in AS 09.65.300. 18 * Sec. 10. AS 08.65.050 is amended to read: 19 Sec. 08.65.050. Qualifications for license. The board shall issue a license 20 [CERTIFICATE] to practice [DIRECT-ENTRY] midwifery to a person who 21 (1) holds a valid certified professional midwife certificate, if the 22 certificate is issued by a nationally recognized midwife organization recognized 23 by the board and the requirements for the certificate are consistent with this 24 chapter; 25 (2) applies on a form provided by the board; 26 (3) [(2)] pays the fees required under AS 08.65.100; 27 (4) [(3)] furnishes evidence satisfactory to the board that the person 28 has not engaged in conduct that is a ground for imposing disciplinary sanctions under 29 AS 08.65.110; 30 (5) is certified in basic life support for health care providers [(4) 31 FURNISHES EVIDENCE SATISFACTORY TO THE BOARD THAT THE
01 PERSON HAS COMPLETED A COURSE OF STUDY AND SUPERVISED 02 CLINICAL EXPERIENCE; THE STUDY AND EXPERIENCE MUST BE OF AT 03 LEAST ONE YEAR'S DURATION]; and 04 (6) is certified in the interventions used at the time of birth to 05 support the establishment of breathing and circulation of the newborn [(5) 06 SUCCESSFULLY COMPLETES THE EXAMINATION REQUIRED BY THE 07 BOARD]. 08 * Sec. 11. AS 08.65.080 is amended to read: 09 Sec. 08.65.080. Renewal. A license [CERTIFICATE] issued under 10 AS 08.65.050 [OR 08.65.070] expires on a date determined by the board and may be 11 renewed every two years upon payment of the required fee and the submission of 12 evidence satisfactory to the board that the licensed [CERTIFIED DIRECT-ENTRY] 13 midwife has met the continuing education requirements of the board and holds a 14 valid certified professional midwife certificate issued by a nationally recognized 15 midwife organization recognized by the board if the requirements for the 16 certificate are consistent with this chapter [, HAS DEMONSTRATED 17 CONTINUED PRACTICAL PROFESSIONAL COMPETENCE UNDER 18 REGULATIONS ADOPTED BY THE BOARD, AND HAS NOT COMMITTED AN 19 ACT THAT IS A GROUND FOR DISCIPLINE UNDER AS 08.65.110]. 20 * Sec. 12. AS 08.65.090(a) is amended to read: 21 (a) The board shall issue a permit to practice as an apprentice [DIRECT- 22 ENTRY] midwife to a person who satisfies the requirements for education, training, 23 and apprenticeship that are determined by the board to be in the public interest 24 after consultation with a nationally recognized midwife organization [OF 25 AS 08.65.050(1) - (3) AND WHO HAS BEEN ACCEPTED INTO A PROGRAM OF 26 EDUCATION, TRAINING, AND APPRENTICESHIP APPROVED BY THE 27 BOARD UNDER AS 08.65.030]. A permit application under this section must include 28 information the board may require. The permit is valid for a term of two years and 29 may be renewed in accordance with regulations adopted by the board. 30 * Sec. 13. AS 08.65.110 is amended to read: 31 Sec. 08.65.110. Grounds for discipline, suspension, or revocation of
01 certification. The board may impose a disciplinary sanction on a person holding a 02 license [CERTIFICATE] or permit under this chapter if the board finds that the person 03 (1) secured a license [CERTIFICATE] or permit through deceit, fraud, 04 or intentional misrepresentation; 05 (2) engaged in deceit, fraud, or intentional misrepresentation in the 06 course of providing professional services or engaging in professional activities; 07 (3) advertised professional services in a false or misleading manner; 08 (4) has been convicted of a felony or other crime that affects the 09 licensee's ability to continue to practice competently and safely; 10 (5) intentionally or negligently engaged in or permitted the 11 performance of client care by persons under the licensed [CERTIFIED DIRECT- 12 ENTRY] midwife's supervision that does not conform to minimum professional 13 standards regardless of whether actual injury to the client occurred; 14 (6) failed to comply with this chapter, with a regulation adopted under 15 this chapter, or with an order of the board; 16 (7) continued to practice after becoming unfit due to 17 (A) professional incompetence; 18 (B) failure to keep informed of current professional practices; 19 (C) addiction or severe dependency on alcohol or other drugs 20 that impairs the ability to practice safely; or 21 (D) physical or mental disability; or 22 (8) engaged in lewd or immoral conduct in connection with the 23 delivery of professional service to clients. 24 * Sec. 14. AS 08.65.120(a) is amended to read: 25 (a) When the board [IT] finds that a person holding a license 26 [CERTIFICATE] or permit under this chapter is guilty of an offense under 27 AS 08.65.110, the board, in addition to the powers provided in AS 08.01.075, may 28 impose the following sanctions singly or in combination: 29 (1) permanently revoke the license [A CERTIFICATE] or permit [TO 30 PRACTICE]; 31 (2) suspend the license [A CERTIFICATE] or permit for a
01 determinate period of time; 02 (3) censure the [A] person [HOLDING A CERTIFICATE OR 03 PERMIT]; 04 (4) issue a letter of reprimand; 05 (5) place the [A] person [HOLDING A CERTIFICATE OR PERMIT] 06 on probationary status and require the person to 07 (A) report regularly to the board on [UPON] matters involving 08 the basis of probation; 09 (B) limit practice to those areas prescribed; 10 (C) continue professional education until a satisfactory degree 11 of skill has been attained in those areas determined by the board to need 12 improvement; 13 (6) impose limitations or conditions on the practice of the [A] person 14 holding the license [A CERTIFICATE] or permit. 15 * Sec. 15. AS 08.65.120(d) is amended to read: 16 (d) The board may reinstate a license [CERTIFICATE] or permit that has 17 been suspended or revoked if the board finds after a hearing that the applicant for the 18 reinstatement is able to practice with reasonable skill and safety. 19 * Sec. 16. AS 08.65.140 is amended to read: 20 Sec. 08.65.140. Required practices. After consultation with a nationally 21 recognized midwife organization, the [THE] board shall adopt regulations regarding 22 the practice of [DIRECT-ENTRY] midwifery that are in the public interest. At a 23 minimum, the regulations must require that a licensed [CERTIFIED DIRECT- 24 ENTRY] midwife 25 (1) recommend, before care or delivery of a client, that the client 26 undergo a physical examination performed by a physician, physician assistant, or 27 advanced practice registered nurse who is licensed in this state; 28 (2) obtain informed consent from a client before onset of labor; 29 (3) comply with AS 18.15.150 regarding taking of blood samples, 30 AS 18.15.200 regarding screening of phenylketonuria (PKU), AS 18.50.160 regarding 31 birth registration, AS 18.50.230 regarding registration of deaths, AS 18.50.240
01 regarding fetal death registration, and regulations adopted by the Department of 02 Health and Social Services concerning prophylactic treatment of the eyes of newborn 03 infants; 04 (4) not knowingly deliver a woman with certain types of health 05 conditions, prior history, or complications as specified by the board. 06 * Sec. 17. AS 08.65.140 is amended by adding new subsections to read: 07 (b) A licensed midwife may practice midwifery without being under the 08 supervision of, or collaborating with, another health care provider or a health care 09 facility. 10 (c) A licensed midwife may practice midwifery without entering into a written 11 or other form of agreement with another health care provider or a health care facility. 12 (d) A licensed midwife may provide services using audio, video, or other 13 electronic media for the purpose of diagnosis, consultation, or treatment. 14 * Sec. 18. AS 08.65.150 is amended to read: 15 Sec. 08.65.150. Prohibited practices. Except as provided in AS 08.65.170, a 16 person who is not licensed [CERTIFIED] under this chapter as a [DIRECT-ENTRY] 17 midwife may not practice midwifery for compensation. 18 * Sec. 19. AS 08.65.160 is amended to read: 19 Sec. 08.65.160. License [CERTIFICATION] required if designation used. 20 A person who is not licensed [CERTIFIED] under this chapter, [OR] whose license 21 [CERTIFICATION] is suspended or revoked, or whose license [CERTIFICATION] 22 has lapsed [,] who knowingly uses in connection with the person's name the [WORDS 23 OR] letters "L.M.," the words "Licensed Midwife," ["C.D.M.," "CERTIFIED 24 DIRECT-ENTRY MIDWIFE,"] or other letters, words, or insignia indicating or 25 implying that the person is licensed [CERTIFIED] as a [DIRECT-ENTRY] midwife 26 by this state or who in any way, orally or in writing, directly or by implication, 27 knowingly holds out as being licensed [CERTIFIED BY THE STATE] as a 28 [DIRECT-ENTRY] midwife in this state is guilty of a class B misdemeanor. In this 29 section, "knowingly" has the meaning given in AS 11.81.900. 30 * Sec. 20. AS 08.65.170 is amended to read: 31 Sec. 08.65.170. Exclusions. This chapter does not apply to [A PERSON]
01 (1) a person who is licensed as a physician in this state; 02 (2) a person who is licensed as an advanced practice registered [A 03 CERTIFIED] nurse [MIDWIFE] by the Board of Nursing in this state. 04 [(3) REPEALED 05 (4) REPEALED] 06 * Sec. 21. AS 08.65.180 is amended to read: 07 Sec. 08.65.180. Responsibility for care. If a licensed [CERTIFIED DIRECT- 08 ENTRY] midwife seeks to consult with or refer a patient to a licensed physician, the 09 responsibility of the physician for the patient does not begin until the patient is 10 physically within the physician's care. 11 * Sec. 22. AS 08.65.190(1) is amended to read: 12 (1) "board" means the Board of Licensed [CERTIFIED DIRECT- 13 ENTRY] Midwives; 14 * Sec. 23. AS 08.65.190(3) is amended to read: 15 (3) "practice of midwifery" means providing necessary supervision, 16 health care, preventative measures, and education to women during preconception, 17 pregnancy, labor, and the first postpartum year [PERIOD]; conducting deliveries on 18 the midwife's own responsibility; providing immediate postpartum care of the 19 newborn infant, well-baby care for the infant through the age of six [FOUR] weeks, 20 and preventative measures for the infant; identifying physical, social, and emotional 21 needs of the newborn and the woman; arranging for consultation, referral, and 22 continued involvement of the midwife on a collaborative basis when the care required 23 extends beyond the scope of practice of the midwife; providing direct supervision of 24 student and apprentice midwives; and executing emergency measures in the absence 25 of medical assistance, as specified in regulations adopted by the board. 26 * Sec. 24. AS 08.65.190 is amended by adding new paragraphs to read: 27 (4) "licensed midwife" means a midwife who is licensed under this 28 chapter to practice midwifery; 29 (5) "midwife" means a person who practices midwifery. 30 * Sec. 25. AS 09.65.300(c)(1) is amended to read: 31 (1) "health care provider" means a physician, physician assistant,
01 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 02 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 03 occupational therapist, marital and family therapist, psychologist, psychological 04 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 05 athletic trainer, or licensed [CERTIFIED DIRECT- ENTRY] midwife; 06 * Sec. 26. AS 11.41.470(1) is amended to read: 07 (1) "health care worker" includes a person who is or purports to be an 08 acupuncturist, advanced practice registered nurse, anesthesiologist, licensed 09 [CERTIFIED DIRECT-ENTRY] midwife, chiropractor, dentist, health aide, hypnotist, 10 massage therapist, mental health counselor, midwife, nurse, osteopath, naturopath, 11 physical therapist, physical therapy assistant, physician, physician assistant, 12 psychiatrist, psychological associate, psychologist, radiologist, religious healing 13 practitioner, surgeon, x-ray technician, or a substantially similar position; 14 * Sec. 27. AS 18.20.095(e)(2) is amended to read: 15 (2) "licensed staff member" means a person who is employed by the 16 hospital to provide direct patient care and who is licensed or certified in the state as a 17 physician or physician assistant under AS 08.64, licensed [DIRECT-ENTRY] 18 midwife under AS 08.65, nurse or nurse aide under AS 08.68, or physical therapist or 19 occupational therapist under AS 08.84; 20 * Sec. 28. AS 18.50.165(b) is amended to read: 21 (b) The registrar shall distribute copies of the form prepared under (a) of this 22 section to each hospital in the state, to each physician in the state whose practice 23 includes attendance at births, to each certified nurse midwife and licensed 24 [CERTIFIED DIRECT-ENTRY] midwife in the state, and to each other interested 25 person in the state who requests copies of the form. 26 * Sec. 29. AS 21.36.090(d) is amended to read: 27 (d) Except to the extent necessary to comply with AS 21.42.365 and 28 AS 21.56, a person may not practice or permit unfair discrimination against a person 29 who provides a service covered under a group health insurance policy that extends 30 coverage on an expense incurred basis, or under a group service or indemnity type 31 contract issued by a health maintenance organization or a nonprofit corporation, if the
01 service is within the scope of the provider's occupational license. In this subsection, 02 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 03 optometrist, chiropractor, advanced practice registered nurse, naturopath, physical 04 therapist, occupational therapist, marital and family therapist, psychologist, 05 psychological associate, licensed clinical social worker, licensed professional 06 counselor, or licensed [CERTIFIED DIRECT-ENTRY] midwife. 07 * Sec. 30. AS 21.42.355 is amended by adding new subsections to read: 08 (c) If a health care insurance plan or an excepted benefits policy or contract 09 provides indemnity for the cost of services of a physician provided to women during 10 preconception, pregnancy, childbirth, and the period after childbirth up to one year, 11 indemnity in a reasonable amount shall also be provided for the cost of a midwife 12 licensed under AS 08.65 who provides the same services. Indemnity may be provided 13 under this subsection only if the licensed midwife is practicing as a licensed midwife 14 within the scope of the license. 15 (d) If a health care insurance plan or an excepted benefits policy or contract 16 provides for furnishing those services required of a physician in the care of women 17 during preconception, pregnancy, childbirth, and the period after childbirth up to one 18 year, the contract shall also provide that a midwife licensed under AS 08.65 may 19 furnish those same services instead of a physician. Services may be provided under 20 this subsection only if the licensed midwife is practicing as a licensed midwife in 21 accordance with the regulations adopted under AS 08.65.030(a)(7), and the services 22 provided are within the scope of practice of the license. 23 * Sec. 31. AS 21.84.335(b)(15) is amended to read: 24 (15) AS 21.42.355(a) and (b) [AS 21.42.355]; 25 * Sec. 32. AS 25.20.055(a) is amended to read: 26 (a) When a birth occurs to an unmarried woman in a hospital or en route to a 27 hospital to which the woman is later admitted, the hospital shall ensure that a staff 28 member 29 (1) meets with the woman before release from the hospital; 30 (2) attempts to meet with the father of the unmarried woman's child, if 31 possible;
01 (3) presents to the mother and, if possible, the father, a pamphlet or 02 statement regarding the rights and responsibilities of a natural parent; the Department 03 of Health and Social Services shall prepare this pamphlet and distribute copies of it to 04 each hospital in the state, to each physician in the state whose practice includes 05 attendance at births, to each certified nurse midwife and licensed [CERTIFIED 06 DIRECT-ENTRY] midwife in the state, and to other interested persons in the state 07 who request copies; 08 (4) provides to the mother and, if possible, the father, all forms, 09 statements, or agreements necessary to voluntarily establish a parent and child 10 relationship, including an acknowledgment of paternity form prepared under 11 AS 18.50.165; 12 (5) on request of the mother and father, assists the father in completing 13 specific forms, statements, or agreements necessary to establish a parent and child 14 relationship between the father and the child; and 15 (6) on request of the mother and father, mails a completed voluntary 16 acknowledgment of paternity form to the state registrar for filing under AS 18.50.165. 17 * Sec. 33. AS 25.20.055(b) is amended to read: 18 (b) When a birth occurs to an unmarried woman who is not in a hospital for 19 the birth nor admitted to a hospital immediately after the birth, and the birth is 20 attended by a physician, certified nurse midwife, or licensed [CERTIFIED DIRECT- 21 ENTRY] midwife, the physician, certified nurse midwife, or licensed [CERTIFIED 22 DIRECT-ENTRY] midwife shall perform the duties described in (a)(2) - (6) of this 23 section or ensure that an agent performs those duties. 24 * Sec. 34. AS 44.62.330(a)(36) is amended to read: 25 (36) Board of Licensed [CERTIFIED DIRECT-ENTRY] Midwives; 26 * Sec. 35. AS 47.07.900(13) is amended to read: 27 (13) "midwife services" means services within the practice of 28 midwifery, as defined in AS 08.65.190, that are performed by a licensed [CERTIFIED 29 DIRECT-ENTRY] midwife, and miscellaneous fees, other than facility fees, for birth 30 kits, oxygen, and other ancillary expenses necessary for a birth attended by a licensed 31 [CERTIFIED DIRECT-ENTRY] midwife;
01 * Sec. 36. AS 47.20.320(d) is amended to read: 02 (d) A hospital or other health facility, clinical laboratory, audiologist, 03 physician, registered or advanced practice registered nurse, licensed [CERTIFIED 04 DIRECT-ENTRY] midwife, officer or employee of a health facility or clinical 05 laboratory, or an employee of an audiologist, physician, or registered or advanced 06 practice registered nurse is not criminally or civilly liable for furnishing information in 07 good faith to the department or its designee under this section. The furnishing of 08 information in accordance with this section is not a violation of AS 08 or AS 18 or 09 regulations adopted under AS 08 or AS 18 for licensees under those statutes. 10 * Sec. 37. AS 08.65.060, 08.65.070, and 08.65.090(b) are repealed. 11 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: CONTINUATION OF BOARD. (a) Notwithstanding AS 08.65.030, 14 as amended by sec. 8 of this Act, the members of the Board of Certified Direct-Entry 15 Midwives, as that board is constituted under AS 08.65.030, as that section reads on 16 December 31, 2022, shall operate as the Board of Licensed Midwives from January 1, 2023, 17 until the new members of the Board of Licensed Midwives are appointed by the governor 18 under sec. 39 of this Act and confirmed by the legislature under AS 08.65.010, as amended by 19 secs. 6 and 7 of this Act. 20 (b) In this section, "Board of Licensed Midwives" means the Board of Licensed 21 Midwives established by AS 08.65.010, as amended by secs. 6 and 7 of this Act. 22 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: CURRENT DIRECT ENTRY MIDWIVES AND APPRENTICE 25 MIDWIVES. (a) Notwithstanding AS 08.65.050, as amended by sec. 10 of this Act, a person 26 who holds on December 31, 2022, an unexpired certificate to practice direct-entry midwifery 27 issued under AS 08.65.050, as that section reads on December 31, 2022, is licensed on the 28 effective date of secs. 1 - 40 of this Act to practice midwifery under AS 08.65, as amended by 29 secs. 6 - 24 of this Act, for a two-year period. 30 (b) Notwithstanding AS 08.65.090, as amended by sec. 12 of this Act, a person who 31 holds on December 31, 2022, an unexpired permit to practice as an apprentice direct-entry
01 midwife issued under AS 08.65.090, as that section reads on December 31, 2022, is permitted 02 on the effective date of secs. 1 - 40 of this Act to practice as an apprentice midwife under 03 AS 08.65.090, as amended by sec. 12 of this Act, for a two-year period. 04 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: NEW BOARD MEMBERS. (a) Within 60 days after the effective 07 date of secs. 1 - 40 of this Act, the governor shall appoint an advanced practice registered 08 nurse licensed under AS 08.68 to be a member of the board to replace the physician member 09 of the board for the remainder of the term of the physician member. 10 (b) Within 60 days after the effective date of secs. 1 - 40 of this Act, the governor 11 shall appoint an advanced practice registered nurse licensed under AS 08.68 to be a member 12 of the board to replace the certified nurse midwife member of the board for the remainder of 13 the term of the certified nurse midwife member. 14 (c) The board, as constituted under (a) and (b) of this section, shall begin operating as 15 the board when the legislature has confirmed the members appointed under (a) and (b) of this 16 section. 17 (d) In this section, "board" means the Board of Licensed Midwives established by 18 AS 08.65.010, as amended by secs. 6 and 7 of this Act. 19 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: REGULATIONS. The Board of Direct-Entry Midwives established 22 by AS 08.65.010, as that section reads on December 31, 2022, shall adopt, repeal, or amend 23 regulations as necessary to implement the changes made by secs. 1 - 40 of this Act. The 24 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 25 January 1, 2023. 26 * Sec. 42. Section 41 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 43. Except as provided in sec. 42 of this Act, this Act takes effect January 1, 2023.