§457J-2 Definitions. As used in this chapter:
"Accreditation Commission for Midwifery Education" means the United States Department of Education-recognized commission that provides accreditation and pre-accreditation of certificates, post-baccalaureates, graduate degrees, and pre-certificate programs in nurse-midwifery and midwifery.
"American College of Nurse-Midwives" means the professional association that represents and sets the standards for practice through core competencies and scope of practice for certified nurse-midwives and certified midwives in the United States.
"American Midwifery Certification Board" means the national certifying body for certified nurse-midwife candidates and certified midwife candidates who have received their graduate level education in programs accredited by the Accreditation Commission for Midwifery Education.
"Birth facility" means a hospital or a freestanding birthing facility licensed in the State.
"Certified midwife" means a person who has graduated from a graduate-level accredited educational program in midwifery, accredited by the Accreditation Commission for Midwifery Education, or successor organization, and who holds a current and valid national certification as a certified midwife from the American Midwifery Certification Board, or any successor organization.
"Certified professional midwife" means a person who has graduated from an accredited educational program or pathway in midwifery, accredited by the Midwifery Education Accreditation Council, or successor organization, and who holds a current and valid national certification as a certified professional midwife from the North American Registry of Midwives, or any successor organization. A certified professional midwife who received their certification through a non-accredited educational pathway shall have obtained a midwifery bridge certificate from the North American Registry of Midwives, or any successor organization.
"Client" means a person under the care of a licensed midwife, as well as the person's fetus and newborn child.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Interconception" means care provided to birthing people between pregnancies to improve health outcomes for birthing people and newborns.
"International Confederation of Midwives" means the accredited nongovernmental organization and representative of midwives and midwifery to organizations worldwide to achieve common goals in the care of birthing people and newborns.
"Midwife" means a person licensed under this chapter.
"Midwifery Education Accreditation Council" means the independent, nonprofit organization recognized by the United States Department of Education as an accrediting agency of direct-entry midwifery institutions and programs.
"North American Registry of Midwives" means the organization that sets national standards for the certified professional midwife credential.
"Peer review" means the candid review and evaluation, subject to section 624-25.5, of the practice of midwifery. "Peer review" includes but is not limited to reviewing the care provided by midwives, making recommendations for quality improvement, and identifying areas where additional education or skills training is needed.
"Postpartum" means the period of time immediately after and up to six weeks following birth.
"Practice of midwifery" means the independent provision of care, including initial and ongoing comprehensive assessment, diagnosis, and treatment during pregnancy, childbirth, the postpartum period, and for healthy newborns; sexual and reproductive health; gynecologic health; and family planning services, including preconception care according to the midwife's scope of practice for all persons seeking midwifery care in all settings through the performance of professional services commensurate with the educational preparation and demonstrated competency of the individual having specialized training, and skill based on the principles of the biological, physical, behavioral, and sociological sciences and midwifery theory, whereby the individual shall be accountable and responsible to the client for the quality of midwifery care rendered. "Practice of midwifery" does not include Native Hawaiian traditional and customary practices as protected under article XII, section 7, of the Hawaii State Constitution.
"Qualified midwife preceptor" means a licensed and experienced midwife, or other maternal health professional licensed in the State, who participates in the clinical education of individuals enrolled in a midwifery education program accredited by the Midwifery Education Accreditation Council or Accreditation Commission For Midwifery Education and who meets the criteria for midwife preceptors set forth by the applicable organization.
"Telehealth" means the use of telecommunications as defined in section 269-1, to encompass four modalities--store and forward technologies, remote monitoring, live consultation, and mobile health--and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit client medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purposes of: delivering enhanced health care services and information while a client is at an originating site and the midwife is at a distant site; establishing a midwife-client relationship; evaluating a client; or treating a client. Except as provided through an interactive telecommunications system, standard telephone contacts, facsimile transmissions, or e-mail text, in combination or alone, do not constitute telehealth services. [L 2019, c 32, pt of §2; am L 2025, c 28, §7]