The proposed bill establishes the Certified Professional Midwife Licensing and Regulation Act in West Virginia, introducing a new article to the state's code that defines key terms related to midwifery practice, such as "client," "midwife care," and "collaboration." It outlines the requirements for obtaining a midwifery license, including age, education, and certification from the North American Registry of Midwives (NARM), as well as the processes for license renewal and reinstatement. The bill mandates that licensed midwives maintain comprehensive medical records and comply with confidentiality laws, including the Health Insurance Portability and Accountability Act (HIPAA). Additionally, it details the responsibilities of licensed midwives, including conducting risk assessments and managing emergency transfers, while establishing grounds for the denial, revocation, or suspension of licenses.

Moreover, the bill introduces new legal provisions regarding the liability of licensed midwives and other healthcare professionals. It specifies that a breach of confidentiality, when required or permitted by law or beyond the control of the practitioner, will not be considered negligent or willful. The legislation clarifies that only the licensed midwife who provided care can be held liable for their negligent acts, while other healthcare professionals cannot be exempt from liability for their own negligent actions. It also emphasizes that providing consultation or accepting referrals does not create a business relationship with the licensed midwife, thereby delineating the responsibilities and liabilities of midwives and associated healthcare providers more clearly.

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