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 submit data 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 adherence to established standards of practice.

Additionally, the bill introduces new legal protections regarding client confidentiality and liability for licensed midwives. It stipulates that midwives must not willfully or negligently breach client confidentiality, with certain exceptions, and clarifies that only the midwife who provided care can be held liable for negligent actions. This provision protects other healthcare professionals from liability related to the midwife's conduct unless they have a direct business relationship with the midwife. The bill also ensures that other healthcare providers remain liable for their own negligent actions, regardless of their relationship with the midwife, thereby enhancing the legal framework surrounding midwifery practice and clarifying responsibilities and protections for all parties involved.

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