Text of MS HB 1535 (2024)
Midwifery; provide for licensure and regulation of.
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As introduced
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MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services
By: Representative McLean
House Bill 1535
AN ACT TO PROVIDE FOR THE LICENSURE AND REGULATION OF PROFESSIONAL
MIDWIFERY; TO PROVIDE DEFINITIONS FOR THE PURPOSE OF THE ACT; TO PROVIDE EXCEPTIONS
TO THE APPLICABILITY OF THE ACT; TO PROVIDE THE SCOPE OF PRACTICE FOR LICENSED MIDWIVES;
TO PROVIDE MANDATORY PROCEDURES FOR LICENSED MIDWIVES; TO PROHIBIT LICENSED MIDWIVES
FROM CERTAIN ACTIONS; TO CREATE THE STATE BOARD OF LICENSED MIDWIFERY AND PROVIDE
FOR ITS COMPOSITION, APPOINTMENT AND POWERS AND DUTIES; TO REQUIRE THE BOARD TO
PROMULGATE RULES NOT LATER THAN JULY 1, 2026; TO REQUIRE A LICENSE FROM THE BOARD
TO PRACTICE PROFESSIONAL MIDWIFERY; TO PROVIDE FOR THE ISSUANCE OF TEMPORARY PERMITS
TO PRACTICE PENDING QUALIFICATION FOR LICENSURE; TO PROVIDE EXEMPTIONS FROM LICENSURE
FOR CERTAIN PERSONS; TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION MAINTAINED
BY THE BOARD; TO PROVIDE IMMUNITY FOR CERTAIN ACTIONS; TO PROVIDE CRIMINAL PENALTIES
FOR VIOLATIONS OF THIS ACT; TO PROHIBIT TERMINOLOGY IN ANY HEALTH COVERAGE PLAN,
POLICY OR CONTRACT THAT IS DISCRIMINATORY AGAINST PROFESSIONAL MIDWIFERY; TO
REQUIRE HEALTH COVERAGE PLANS THAT PROVIDE MATERNITY BENEFITS TO PROVIDE
COVERAGE FOR SERVICES RENDERED BY A LICENSED MIDWIFE; TO PROVIDE WHENEVER A HEALTH
COVERAGE PLAN PROVIDES FOR REIMBURSEMENT OF ANY SERVICES THAT ARE WITHIN THE
LAWFUL SCOPE OF PRACTICE OF LICENSED MIDWIVES, THE PERSON ENTITLED TO BENEFITS
UNDER THE PLAN SHALL BE ENTITLED TO REIMBURSEMENT FOR THE SERVICES, WHETHER THE
SERVICES ARE PERFORMED BY A PHYSICIAN OR A LICENSED MIDWIFE; TO REQUIRE THE STATE
DEPARTMENT OF HEALTH TO DEVELOP AND INSTITUTE A SAFE PERINATAL TRANSFER
CERTIFICATION FOR THE FACILITIES THAT IT REGULATES; TO AMEND SECTION 73-25-33, MISSISSIPPI
CODE OF 1972, TO REMOVE THE REFERENCE TO THE PRACTICE OF MIDWIFERY IN THE DEFINITION
OF THE PRACTICE OF MEDICINE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short
Title. This act shall be known and may be cited as the "Mississippi Midwifery
License Law."
SECTION 2. Legislative
Purpose. (1) The midwifery model of care emphasizes patient-centered care
that considers the whole person and prioritizes autonomy, consent and
collaboration; focuses on maximizing the health and wellness of a woman and her
baby; and attends to the emotional, social and spiritual aspects of pregnancy
and birth. Professional midwives offer an evidence-based model of perinatal
care that views birth as a normal physiologic process and seeks medical
expertise and interventions as warranted. Increased access to professional
midwives positively affects maternal and infant health outcomes.
(2) Midwifery is a
profession in its own right and it is not the practice of medicine. Community-based
midwives have historically served an indispensable public health role in promoting
the health and well-being of Mississippi mothers and infants. Mississippi's
current rates of preterm births, low birth weights, infant mortality, maternal
mortality, and rural hospital closures would benefit from increased access to
professional midwifery care in community settings.
(3) Research demonstrates
that integration and coordination across birth settings and maternity care
providers promote high-quality, cost-effective care. Specifically, the
integration of community-based midwives into regional maternity care systems is
a key determinant of improving perinatal outcomes. Regulation of the practice
of professional midwifery is necessary to facilitate the integration of
professional midwives into Mississippi's maternity care system.
(4) Parents have the freedom
to choose the manner, place, and attendant for giving birth. Regulating and licensing
professional midwives in community settings will increase access to birthing
options for the families of Mississippi and preserve parental choice.
(5) Within the State of
Mississippi, mothers and families seek out alternatives to hospital births and
they find significant value in perinatal services offered in community
settings. The term "midwife" connotes to consumers and the community
an expectation of professionalism and a minimum level of competency and care. Community-based
midwives are currently serving Mississippi families in the absence of any licensure
mechanism.
(6) Therefore, the
Legislature authorizes the recognition and licensure of the practice of professional
midwifery in community settings. For the purpose of increasing the access to midwifery
care in the community setting, providing for the health and welfare of women
and infants, the Legislature declares that the Mississippi Midwifery Licensure Law
shall provide for the licensure of professional midwives, create mechanisms for
oversight and accountability, facilitate informed consent, and preserve
parental freedom and choice in the setting for which they give birth.
SECTION 3. Definitions.
As used in this act, the following terms shall be defined as provided in this section:
(a) "Antepartum"
means the stage of care that begins when a pregnant woman presents herself for
care during pregnancy and ends at the onset of labor.
(b) "Apprentice"
means an individual at the apprenticeship level of midwifery training who is
obtaining clinical experience under the supervision of a qualified, licensed midwife
by providing midwifery care under the supervision of such a preceptor.
(c) "Board"
means the Mississippi State Board of Licensed Midwifery, which is created in
Section 6 of this act.
(d) "Certified nurse
midwife" means an advanced practice registered nurse certified by the
American Midwifery Certification Board whose practice is regulated by Section
73-15-1 et seq.
(e) "Client"
means an individual receiving professional midwifery services from a licensed
midwife. Because the midwifery model of care characterizes pregnancy as a
normal physiologic process rather than a medical event, the term "client"
is preferred over the term "patient" by professional midwives as well
as the families they serve. Within this act, however, the term "patient"
may also be used to refer to an individual receiving professional midwifery
services from a licensed midwife.
(f) "Intrapartum"
means occurring from the onset of labor until after the delivery of the
placenta.
(g) "Licensed midwife"
means an individual who practices professional midwifery in community settings
and has met the licensing requirements established by this act and its
implementing rules as promulgated by the board.
(h) "Neonate"
means a newborn child in its first four (4) weeks of life.
(i) "Neonatal
period" means the first four (4) weeks of a child's life.
(j) "Normal"
means, as applied to the antepartum, intrapartum and postpartum periods and the
neonatal period, and as defined by board rule, circumstances under which a
midwife has determined that a client does not have a condition that requires
medical intervention.
(k) "Physician"
means an individual engaged in the practice of medicine and duly licensed by
the State Board of Medical Licensure whose practice is regulated by Section 73-25-1
et seq.
(l) "Postpartum
period" means the first six (6) weeks after a woman has given birth.
(m) "Professional
midwifery" means the studied, skilled practice of providing primary
maternity care consistent with a midwife's training, education and experience
to women and neonates during the antepartum, intrapartum and postpartum
periods.
SECTION 4. Applicability.
This act does not apply to:
(a) A certified nurse
midwife, a physician or any health care professional licensed by the state who
is providing care within the scope of his or her license;
(b) A student midwife
who is engaged in didactic learning and providing clinical care supervised by a
licensed midwife;
(c) A doula,
childbirth instructor, lactation consultant or other layperson offering nonclinical
support during the antepartum, intrapartum and postpartum periods; or
(d) Any person who
assists with childbirth in an emergency where medical or midwifery care is not
available.
SECTION 5. Scope
of practice; practice parameters; mandatory procedures; prohibitions;
discrimination prohibited. (1) The scope of practice of licensed midwives
shall consist of:
(a) Providing primary
maternity care that is consistent with a midwife's training, education and
experience to low-risk women and their neonates during normal antepartum,
intrapartum and postpartum periods, as further articulated by the board based
on definitions established by national and international professional
associations and certifying bodies;
(b) Nonprescriptive
family planning and basic well-woman care, including, but not limited to, Pap
tests, sexually transmitted infection screenings, preconception screenings, and
other acts, tasks, or functions authorized by the board; and
(c) Consulting and
collaborating with other licensed health care providers, including, but not
limited to, the referral of women or their neonates to a higher level of care
with an appropriate licensed health care provider when the licensed midwife
determines that the pregnancy, labor, delivery, postpartum period or neonatal
period may not be classified as normal as defined by this act or according to
rules promulgated by the board.
(2) Prescriptive authority
and the possession and administration of controlled substances by licensed
midwives are prohibited. When acting within their scope of practice, licensed
midwives may obtain, transport, and administer the following medications:
(a) Vitamin K;
(b) Antihemorrhagic agents;
(c) Local anesthetics;
(d) Oxygen;
(e) Prophylactic eye
agents;
(f) RhoGam or other
prophylactic immunoglobulins;
(g) Intravenous fluids;
and
(h) Any other drug
that is consistent with the scope of practice of professional midwifery in
community settings and is authorized by the board by rule.
(3) A licensed midwife may
directly obtain supplies and devices, medications within the scope of practice,
order and obtain screening tests including ultrasound tests, and receive verbal
and written reports of the results of those tests as necessary for the practice
of professional midwifery in community settings and consistent with the scope
of practice of licensed midwives.
(4) Licensed midwives
shall:
(a) Register and
maintain current contact information with the board following procedures
developed by the board and promulgated by rule for the publication of an official
roster of licensed midwives.
(b) Register births
with the State Registrar of Vital Records in accordance with the rules
promulgated by the State Department of Health.
(c) Report client
statistical data to the board or other national entities as required by rules
promulgated by the board.
(d) Provide certain
disclosures in writing at the inception of care for a client, including, but
not limited to, the following:
(i) The licensed
midwife's education, training and qualifications;
(ii) The licensed
midwife's criteria for referring a client to a licensed health care provider
for a higher level of care;
(iii) The licensed
midwife's criteria for effecting an emergency transfer to a hospital;
(iv) Whether the
midwife has malpractice liability insurance coverage in effect and, if so, the
policy limitations of that coverage;
(v) Notice that
the licensed midwife has certain statistical data reporting obligations to the
board that are not optional but that may be anonymized;
(vi) The licensed
midwife's disciplinary history with the board, including whether any
disciplinary action is currently pending against them by the board;
(vii) The procedures
a client can take to initiate disciplinary action against a licensed midwife; and
(viii) Any other
information required by rules promulgated by the board.
(5) It shall be unlawful
for licensed midwives to:
(a) Perform surgical
procedures other than episiotomies or repairs of perineal lacerations;
(b) Use forceps or vacuum
extraction;
(c) Aid or abet an
unlicensed person to practice as a licensed midwife;
(d) Negligently,
willfully, or intentionally act in a manner inconsistent with the health and
safety of those entrusted to the licensed midwife's care;
(e) Engage in
substandard, unprofessional or dishonorable conduct, or any other form of
misconduct as defined by the board; and
(f) Engage in any
other act, task or function prohibited in rules promulgated by the board.
(6) Nothing in this act
shall be construed to permit the practice of medicine by licensed midwives since
midwifery is not the practice of medicine.
SECTION 6. State Board
of Licensed Midwifery created; composition; powers and duties. (1) The
Mississippi State Board of Licensed Midwifery is created to regulate autonomous
professional midwifery practice in community settings within Mississippi.
(a) The board shall
consist of eight (8) persons and be comprised of:
(i) Four (4)
midwives each of whom has at least two (2) years experience in the practice of
midwifery in community settings;
(ii) One (1)
certified nurse midwife;
(iii) One (1)
physician who is certified by a national professional organization of
physicians that certifies obstetricians and gynecologists;
(iv) One (1) perinatal
care provider who is certified by a national professional organization of
physicians that certifies family practitioners or pediatricians; and
(v) One (1) member
who represents the public and who is not practicing or trained in a health care
profession, and who is a parent with at least one (1) child born with the
assistance of a midwife or a certified nurse midwife.
(b) Board members
shall be resident citizens of the State of Mississippi and appointed by the
Governor. The Governor shall accept and consider lists of nominees from any interested
individual or organization, and shall prioritize the appointment of nominees
made by the following organizations or their successors:
(i) The State
Department of Health;
(ii) The Association
of Mississippi Midwives;
(iii) The
Mississippi Perinatal Quality Collaborative;
(iv) The
Mississippi Public Health Institute;
(v) The Institute
for the Advancement of Minority Health; and
(vi) Better Birth
Mississippi.
Any such list of nominees from
the organizations listed in this paragraph (b) shall be submitted at least
thirty (30) days before the expiration of the term for each position.
(c) The initial
appointments to the board shall be for staggered terms, to be designated by the
Governor at the time of appointment as follows: four (4) members shall serve
for terms ending on July 1, 2026; three (3) members shall serve for terms ending
on July 1, 2027; and one (1) member shall serve for a term ending on July 1, 2028.
All later appointments shall be for terms of four (4) years from the expiration
date of the previous term.
(d) The Governor shall
fill a vacancy no later than sixty (60) days from the date the vacancy occurs. Members
may hold office until their successors have been appointed.
(e) Board members
shall not be compensated for their service, but shall be reimbursed for
necessary and ordinary expenses and mileage incurred while performing their
duties as members of the board as provided in Section 25-3-41, to be paid from
the special fund of the board.
(2) Not later than July 1, 2026,
the board shall promulgate rules that, at a minimum:
(a) Establish and
implement a program for qualified individuals to apply and obtain licensure as
a licensed midwife, including, but not limited to:
(i) Developing
policies and procedures for temporary permits, initial licensing, renewals and
reinstatement of lapsed licenses; and
(ii) A fee
schedule for applications, temporary permits, initial licenses, renewals and
reinstatements. The board shall review its fee schedule every four (4) years
and update fees as necessary for the growth and sustainability of the profession;
(b) Develop
educational standards, including, but not limited to:
(i) Identifying
the basic minimum educational standards, including the type of courses and number
of hours required, that qualify an applicant to seek licensure;
(ii) Developing
methods and requirements for ensuring the continued competence of licensed
midwives through continuing midwifery education, including the type of courses
and number of hours required, as a condition for license renewal; and
(iii) Approving
educational programs, institutions, instructors and facilities that meet the
basic and continuing professional midwifery educational requirements for
practice within Mississippi;
(c) Prescribe
standards and competencies for the practice of professional midwifery in
community settings within Mississippi based on criteria established by national
and international professional associations and certifying bodies;
(d) Delineate specific
symptoms and conditions that require collaboration, consultation, or referral
of a client by a licensed midwife to a physician or other appropriate licensed
health care provider, and establish the process for such collaboration,
consultation, or referral. Such rules shall promote informed consent and preserve
parental choice;
(e) Exercise its
disciplinary authority by establishing and implementing formal disciplinary
processes and procedures.
(i) The board shall
develop and prescribe procedures for investigating, processing and resolving
complaints, violations, probations, suspensions, revocations and
reinstatements, including, but not limited to:
1. Complaints
of professional misconduct;
2. Allegations
that licensed midwives are violating the provisions of this act or its
implementing rules;
3. Grievances
from applicants and licensees regarding agency action.
(ii) All
procedures implementing the board's disciplinary authority shall incorporate
notice, the opportunity to be heard, and a decision by a neutral decision-maker.
Final agency decisions will be subject to judicial review; and
(f) Collect, analyze,
share and publish anonymized statistical perinatal outcome data from licensed
midwives and individuals holding temporary permits, including, but not limited
to, live births, fetal demises and neonatal and maternal deaths. Rules
regarding data sharing shall preserve public access.
(3) In promulgating the
rules described in subsection (2) of this section, the board shall consider any
data, views, questions, and arguments submitted by:
(a) The State
Department of Health;
(b) The Association of
Mississippi Midwives;
(c) The Mississippi
Perinatal Quality Collaborative;
(d) The Mississippi
Public Health Institute;
(e) The Institute for
the Advancement of Minority Health; and
(f) Better Birth
Mississippi.
(4) The board shall develop,
publish and maintain an official roster of licensed midwives and individuals
holding temporary permits that can be accessed by the public at no cost. The
roster shall reflect the statistical outcome data and disciplinary history of
each licensee and permit-holder.
(5) The board shall deposit
all funds received from the collection of application and licensure fees and
the levying of disciplinary fines into a special fund that is created in the State
Treasury to be known as the Board of Licensed Midwifery Fund. Monies in the special
fund shall be used by the board, upon appropriation by the Legislature, for the
purpose of administering this act. Any interest earned on the special fund
shall be credited to the special fund and shall not be paid into the State
General Fund. Any monies remaining in the special fund at the end of a fiscal
year shall not lapse into the State General Fund.
(6) The board is authorized
to contract with third-party entities to perform clerical and administrative
tasks and functions related to the logistical implementation of midwifery
licensure under this act.
(7) The board may
promulgate any and all additional rules it deems necessary to effectively
regulate the practice of licensed midwives to the extent that those additional
rules do not violate any terms or provisions of this act.
SECTION 7. License
required; temporary permits; exemptions; qualifications. (1) Beginning on
the effective date of the initial rules promulgated by the board under Section
6 of this act, it shall be unlawful for any person to provide professional
midwifery care within the State of Mississippi without first obtaining a license
from the board in accordance with its rules.
(2) The board shall
promulgate rules allowing for the expedited issuance of temporary permits
authorizing an individual to practice professional midwifery pending qualification
for licensure.
(a) Temporary permits
shall be issued for a term of twenty-four (24) months and may not be renewed except
as follows: A temporary permit issued to an apprentice may be renewed upon a
showing to the board that the apprentice has good cause for not completing their
clinical training within the initial temporary permit period.
(b) An applicant who
is granted a temporary permit under this section is subject to all other
requirements of this act and rules promulgated by the board, and the board may
automatically void the temporary permit if the applicant fails to comply with
those requirements.
(c) An individual who
paid an application fee in connection with an application for a temporary
permit under this section is not required to pay a separate application fee in connection
with their application for an initial license if the board receives the
application for an initial license within sixty (60) days after the expiration
of the temporary permit.
(d) To qualify for a
temporary permit to practice professional midwifery, an individual must:
(i) Be an
apprentice working under the supervision of a licensed midwife;
(ii) Be licensed
in good standing as a midwife in another state at the time of application; or
(iii) Be engaged
in providing professional midwifery services to one or more Mississippi
families on the effective date of the initial rules promulgated by the board,
as evidenced by a contractual agreement to render such services.
(e) An individual
seeking a temporary permit under this subsection (2) must submit an application
for full licensure within twelve (12) months after the effective date of the
initial rules promulgated by the board.
(3) Licensure under this act
is not required for:
(a) An employee or
other individual who is assisting a midwife and who is under the midwife's
supervision from performing activities or functions that are delegated by the
midwife, that are nondiscretionary, that do not require the exercise of professional
judgment for their performance, and that are within the midwife's authority to
perform; and
(b) An individual
providing uncompensated care to a friend or family member if the individual
does not hold themself out to the public as a licensed midwife.
(4) Nothing in this act shall
prohibit a traditional birth attendant from providing care that falls within
the scope of midwifery practice without a license where the traditional birth
attendant is fulfilling a cultural or religious role that has historically
included the provision of care at birth, and the traditional birth attendant
only offers such services to women and families within that distinct cultural
or religious group.
SECTION 8. Confidentiality.
(1) All statistical data reporting and sharing by the board shall be
anonymized prior to dissemination or publication.
(2) The board shall keep
all information relating to the receipt and investigation of complaints filed
against licensees or applicants confidential until the information is disclosed
in the course of the investigation or any later proceeding before the board. Client
records, including clinical records, files, any other report or oral statement
relating to diagnostic findings or clinical treatment of clients, any
information from which a client or her family might be identified, or information
received and records or reports kept by the board as a result of an
investigation made under this act shall be exempt from the provisions of the
Mississippi Public Records Act of 1983 and shall be kept confidential by the board.
SECTION 9. Immunity.
(1) Nothing in this act shall create liability of any kind for a licensed
health care provider who provides care to a client of a licensed midwife for
personal injury or death resulting from an act or omission by the midwife,
unless the professional negligence or malpractice of the health care provider
was a proximate cause of the injury or death.
(2) No duly licensed
midwife who, in good faith and in the exercise of reasonable care, renders aid
in emergency childbirth, or assists in transporting a laboring mother to a
place where medical assistance can be reasonably expected, shall be liable for
any civil damages to the mother or infant as a result of any acts committed in
good faith and in the exercise of reasonable care or omissions in good faith and
in the exercise of reasonable care by such midwife in rendering aid in the
emergency.
SECTION 10. Offenses;
penalties. (1) It is a misdemeanor for any person to:
(a) Offer or engage in
the provision of professional midwifery services unless duly licensed to do so
under the provisions of this act;
(b) Impersonate in any
manner or pretend to be a licensed midwife or use the title "Licensed
Midwife" the letters "L.M." or any other words, letters, signs,
symbols or devices to indicate the person using them is a licensed midwife,
unless duly authorized by the license or permit under the provisions of this act;
(c) Provide midwifery
care during the time their license or temporary permit is suspended, revoked,
lapsed or expired;
(d) Fail to notify the
board of the suspension, probation or revocation of any past or currently held
licenses required to practice midwifery in any other jurisdiction;
(e) Make false
representations or impersonate or act as a proxy for another person or allow or
aid any person to impersonate them in connection with any application for
licensing or request to be licensed; or
(f) Otherwise violate
any provisions of this act.
(2) Such misdemeanor shall,
upon conviction, be punishable by a fine of not more than One Thousand Dollars
($1,000.00) or by imprisonment for not more than six (6) months or by both fine
and imprisonment for each offense.
SECTION 11. (1)
Terminology in any health coverage plan, policy or contract deemed
discriminatory against professional midwifery, community perinatal care, or the
midwifery model of care or that inhibits reimbursement for such services at the
in-network rate is void and unenforceable.
(2) Any health coverage plan
amended, delivered, issued, or renewed in this state on or after January 1, 2025,
that provides maternity benefits that are not limited to complications of
pregnancy, or newborn care benefits, shall provide coverage for maternity
services and perinatal care rendered by a licensed midwife licensed under this
act, regardless of the site of services. The coverage provided for in this section
may be subject to annual deductibles, coinsurance and copayments.
(3) A health coverage plan
amended, delivered, issued or renewed in this state on or after January 1, 2025,
shall not differentiate between perinatal services performed by a professional
midwife within their lawful scope of practice and perinatal services by a
physician with respect to copayment or annual deductible amounts or coinsurance
percentages.
(4) Whenever any health
coverage plan amended, delivered, issued, or renewed in this state on or after January
1, 2025, provides for reimbursement of any services that are within the lawful
scope of practice of licensed midwives, the insured or other person entitled to
benefits under the health coverage plan shall be entitled to reimbursement for
the services, whether the services are performed by a physician or a licensed
midwife.
(5) The provisions of this section
apply to any new policy, contract, program or health coverage plan issued on
and after January 1, 2025. Any policy, contract or health coverage plan in
effect before January 1, 2025, shall convert to conform to the provisions of
this act on or before the renewal date, but no later than January 1, 2026.
(6) Nothing in this section
shall restrict the Division of Medicaid from setting rules and regulations
regarding the coverage of professional midwifery services and nothing in this
section shall amend or change the Division of Medicaid's schedule of benefits,
exclusions and/or limitations related to obstetric and/or midwifery services as
determined by state or federal regulations and state and federal law.
SECTION 12. (1)
A licensed provider who regularly provides health care services related to
labor and delivery shall:
(a) Be able to
identify when to transmit and receive patient information, and transfer and
receive patients, across the facility's levels of care; and
(b) Coordinate with
other licensed providers to effectuate services across the facility's levels of
care in a way that prevents patients from losing access to care.
(2) The acceptance of a
transferred perinatal patient does not establish an employment or supervisory
relationship between the accepting licensed provider and the transferring licensed
provider or establish grounds for vicarious liability.
(3) Within twenty-four (24)
months from the effective date of the initial rules promulgated by the board,
the Division of Health Facilities Licensure and Certification of the State Department
of Health shall develop and institute a safe perinatal transfer certification for
the facilities that it regulates.
(a) In developing the
safe perinatal transfer certification, the division shall incorporate input and
feedback from:
(i) Interested and
affected stakeholders, with a focus on pregnant women and those in the
postpartum period and their family members;
(ii) Multidisciplinary,
nonprofit organizations representing pregnant women and those in the postpartum
period, with a focus on individuals from racial and ethnic minority groups; and
(iii) Multidisciplinary,
community-based organizations that provide support or advocacy for pregnant
women and those in the postpartum period, with a focus on persons from racial
and ethnic minority groups.
(4) Nothing in this act
shall prohibit licensed providers or facilities from billing for health care services
rendered, including maternity care and perinatal care.
SECTION 13. Section
73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33. (1) The practice
of medicine shall mean to suggest, recommend, prescribe, or direct for the use of
any person, any drug, medicine, appliance, or other agency, whether material or
not material, for the cure, relief, or palliation of any ailment or disease of the
mind or body, or for the cure or relief of any wound or fracture or other bodily
injury or deformity, or the practice of obstetrics or midwifery, after having received,
or with the intent of receiving therefor, either directly or indirectly, any bonus,
gift, profit or compensation * * *; provided, that nothing in this section shall apply to females
engaged solely in the practice of midwifery.
(2) The practice of medicine
shall not mean to provide gender transition procedures for any person under eighteen
(18) years of age; or
(3) For purposes of this section,
"gender transition procedures" means the same as defined in Section 41-141-3.
SECTION 14. Sections 1
though 10 of this act shall be codified as a new chapter in Title 73 of the Mississippi
Code of 1972. Section 11 of this act shall be codified as a new section in Article
5, Chapter 41 of the Mississippi Code of 1972.
SECTION 15. This act
shall take effect and be in force from and after July 1, 2024.