The proposed bill seeks to establish the Certified Professional Midwife Licensing and Regulation Act in West Virginia, introducing a new article to the state's code that defines the practice of midwifery and sets forth the requirements and responsibilities for midwives. Key provisions include the establishment of a licensing board, criteria for obtaining and renewing a midwifery license, and grounds for disciplinary actions against licensed midwives. Midwives will be required to hold a certified professional midwife credential, engage in ongoing education, and participate in data submission on perinatal outcomes. The bill also outlines protocols for risk assessment and emergency transfers, while emphasizing the importance of collaboration with other healthcare providers and maintaining comprehensive medical records.

Additionally, the bill introduces new provisions regarding client confidentiality and liability for licensed midwives. It mandates that midwives must not willfully or negligently breach client confidentiality, with certain legal exceptions. The legislation clarifies that only the midwife who provided care can be held liable for negligent actions, while other healthcare professionals are not liable for the midwife's actions unless a direct business relationship exists. It also specifies that healthcare professionals are not exempt from liability for their own negligent actions, even if they have a business relationship with the midwife, and that providing consultation or referrals does not establish such a relationship. These changes aim to enhance the safety and regulation of midwifery practice in West Virginia while protecting client confidentiality.

Statutes affected:
Introduced Version: 30-44-1, 30-44-2, 30-44-3, 30-44-4, 30-44-5, 30-44-6, 30-44-7, 30-44-8, 30-44-9, 30-44-10, 30-44-11, 30-44-12, 30-44-13
Committee Substitute: 30-44-1, 30-44-2, 30-44-3, 30-44-4, 30-44-5, 30-44-6, 30-44-7, 30-44-8, 30-44-9, 30-44-10, 30-44-11, 30-44-12, 30-44-13