HB955 HD2

SECTION 1. The legislature finds that Act 32, Session Laws of Hawaii 2019, established a three-year period to allow birth attendants to define and develop common standards, accountability measures, and disclosure requirements, with the intent that at the end of the three-year period the legislature would adopt further legislation to establish a pathway for traditionally-trained, non-certified birth attendants to legally practice in Hawaii.

The purpose of this Act is to:

(1) Permit persons acting as birth attendants on or before July 1, 2025, to practice midwifery without a license; and

(2) Include the North American Registry of Midwives portfolio evaluation process as proof of a successful completion of a formal midwifery education and training program for certified professional midwives.

SECTION 2. This Act shall be known as "Sovereign's Law" in honor of a twelve-year-old Native Hawaiian adolescent who aspires to be a traditionally-trained midwife, to preserve the practice and legal pathway of traditional midwifery for future generations in Hawaii.

SECTION 3. Section 457J-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"[[]§457J-6[]] Exemptions. (a) A person may practice midwifery without a license to practice midwifery if the person is:

(1) A certified nurse-midwife holding a valid license under chapter 457;

(2) Licensed and performing work within the scope of practice or duties of the person's profession that overlaps with the practice of midwifery;

(3) A student midwife who is [~~currently enrolled in a midwifery educational program under the direct~~] under the supervision of a North American Registry of Midwives qualified midwife preceptor[;] or a Midwifery Education Accreditation Council qualified midwife preceptor;

(4) A person rendering aid in an emergency where no fee for the service is contemplated, charged, or received; or

(5) A person acting as a birth attendant on or before July 1, [~~2023,~~] 2025, who:

(A) Does not use legend drugs or devices, the use of which requires a license under the laws of the State;

(B) Does not advertise that the person is a licensed midwife;

(C) Discloses to each client verbally and in writing on a form adopted by the department, which shall be received and executed by the person under the birth attendant's care at the time care is first initiated:

(i) That the person does not possess a professional license issued by the State to provide health or maternity care to women or infants;

(ii) That the person's education and qualifications have not been reviewed by the State;

(iii) The person's education and training;

(iv) That the person is not authorized to acquire, carry, administer, or direct others to administer legend drugs;

(v) Any judgment, award, disciplinary sanction, order, or other determination that adjudges or finds that the person has committed misconduct or is criminally or civilly liable for conduct relating to midwifery by a licensing or regulatory authority, territory, state, or any other jurisdiction; and

(vi) A plan for transporting the client to the nearest hospital if a problem arises during the client's care; and

(D) Maintains a copy of the form required by subparagraph (C) for at least ten years and makes the form available for inspection upon request by the department."

SECTION 4. Section 457J-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§457J-8[]] Application for license as a midwife. To obtain a license under this chapter, the applicant shall provide:

(1) An application for licensure;

(2) The required fees;

(3) Proof of current, unencumbered certification as a:

(A) Certified professional midwife; or

(B) Certified midwife;

(4) For certified professional midwives[~~, proof~~] either:

(A) Proof of a successful completion of a formal midwifery education and training program that is either:

[~~(A)~~] (i) An educational program or pathway accredited by the Midwifery Education Accreditation Council; or

[~~(B)~~] (ii) A midwifery bridge certificate issued by the North American Registry of Midwives for certified professional midwife applicants who either obtained certification before January 1, 2020, through a non-accredited pathway, or who have maintained licensure in a state that does not require accredited education; or

(B) Proof that the person:

(i) Has obtained certification through the North American Registry of Midwives portfolio evaluation process;

(ii) Holds a midwifery bridge certificate issued by the North American Registry of Midwives for certified professional midwives; and

(iii) Has a current cardiopulmonary resuscitation certification for adults and newborns and for neonatal resuscitation;

(5) If applicable, evidence of any licenses held or once held in other jurisdictions indicating the status of the license and documenting any disciplinary proceedings pending or taken by any jurisdiction;

(6) Information regarding any conviction of any crime which has not been annulled or expunged; and

(7) Any other information the department may require to investigate the applicant's qualifications for licensure."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	955
THIRTY-SECOND LEGISLATURE, 2023		H.D. 2
STATE OF HAWAII