37-27-101. Short title. This chapter may be cited as the “Direct-Entry Midwifery Licensing Act”.

     History: En. Sec. 1,Ch. 550, L. 1991.

     37-27-102. Purpose. The legislature finds and declares that because the practice of direct-entry midwifery affects the lives of the people of this state and because some Montanans may exercise their right to give birth where and with whom they choose, it is the purpose of this chapter to provide for the common good by regulating and ensuring the qualified and professional practice of direct-entry midwifery.

     History: En. Sec. 2,Ch. 550, L. 1991.

     37-27-103. Definitions. As used in this chapter, the following definitions apply: 
     (1) “Apprentice” means a person who is working under the supervision of a licensed direct-entry midwife and is seeking licensure as a direct-entry midwife under this chapter. 
     (2) “Board” means the alternative health care board established in 2-15-1730
     (3) “Continuous care” means care provided for one person from the initial history-taking interview through monthly prenatal, intrapartum, and postpartum periods. 
     (4) “Direct-entry midwife” means a person who advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period. 
     (5) “Licensee” means a person authorized by this chapter to practice direct-entry midwifery. 
     (6) “Postpartum period” means the period up to 6 weeks following birth. 
     (7) “Practice of direct-entry midwifery” means the advising, attending, or assisting of a woman during pregnancy, labor, natural childbirth, or the postpartum period.

     History: En. Sec. 3, Ch. 550, L. 1991; amd. Sec. 3, Ch. 524, L. 1991; amd. Sec. 59,Ch. 10, L. 1993.

     37-27-104. Exemptions. This chapter does not limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed basic or advanced emergency medical technician. The practice of direct-entry midwifery does not constitute the practice of medicine, certified nurse-midwifery, or emergency medical care to the extent that a direct-entry midwife advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period when the pregnancy is not a high-risk pregnancy.

     History: En. Sec. 4,Ch. 550, L. 1991.

     37-27-105. General powers and duties of board — rulemaking authority. (1) The board shall: 
     (a) meet at least once annually, and at other times as agreed upon, to elect officers and to perform the duties described in Title 37, chapter 1, and this section; and 
     (b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board’s duties. 
     (2) The board has the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively. 
     (3) The board shall adopt rules to administer this chapter. The rules may include but are not limited to: 
     (a) the establishment of criteria for minimum educational, apprenticeship, and clinical requirements that, at a minimum, meet the standards established in 37-27-201
     (b) the development of eligibility criteria for client screening by direct-entry midwives to achieve the goal of providing midwifery services to women during low-risk pregnancies; 
     (c) the development of standardized informed consent and reporting forms; 
     (d) the adoption of ethical standards for licensed direct-entry midwives; 
     (e) the adoption of supporting documentation requirements for primary birth attendants; and 
     (f) the establishment of criteria limiting an apprenticeship that, at a minimum, meets the standards established in 37-27-201.

     History: En. Sec. 6, Ch. 550, L. 1991; amd. Sec. 84, Ch. 429, L. 1995; amd. Sec. 27, Ch. 224, L. 2003; amd. Sec. 35, Ch. 271, L. 2003; amd. Sec. 77,Ch. 467, L. 2005.

     37-27-106 through 37-27-110 reserved.


 37-27-111. Parents’ rights regarding birth of baby. Except as otherwise provided by law, parents have a right to give birth where and with whom they choose.

     History: En. Sec. 1, Ch. 493, L. 1989. Sec. 37-75-101, MCA 1989; redes. 37-27-111 by Code Commissioner, 1991.