Bill
LB 374
Nebraska licenses professional midwives under the Licensed Midwives Practice Act, sets standards and fees, oversight, and liability protections within the credentialing system.
LB374 Summary — Adopt the Licensed Midwives Practice Act
Overview
- Bill: LB374
- Title: Adopt the Licensed Midwives Practice Act
- Purpose: Establish a formal licensure framework for professional midwives in Nebraska, creating a regulated profession (Licensed Midwives) and clarifying standards, oversight, and liability considerations.
- Introduced: January 16, 2025
- Hearing: Notice of hearing scheduled for February 5, 2025 (Committee on Health and Human Services, Chair: Senator Brian Hardin)
- Principal Introducer: Senator Ben Hansen
What the bill would do
- Create licensure for professional midwives through the Licensed Midwives Practice Act.
- Require anyone practicing professional midwifery to be licensed under the Act, as determined by the Board of Licensed Midwives.
- Establish a process for licensure:
- Applicants apply to the Department of Health and Human Services (or the applicable state department) and must demonstrate they meet established requirements.
- The Department would establish and collect fees for initial licensure and for license renewals.
- Standards and scope:
- Licensed midwives may provide care consistent with national professional midwifery standards.
- The Board of Licensed Midwives would adopt rules and regulations detailing standards of practice.
- Standards would be based on or aligned with guidance from leading national midwifery bodies (National Association of Certified Professional Midwives and the North American Registry of Midwives or their successors).
- Liability framework:
- Health care providers generally shall not be liable for outcomes arising from the actions of licensed midwives, reinforcing a liability protection framework, subject to applicable law.
- Regulatory integration:
- The bill harmonizes and incorporates provisions related to the Licensed Midwives Practice Act into the Uniform Credentialing Act framework, ensuring midwives are recognized within Nebraska’s credentialing system.
- It amends multiple sections to incorporate licensure, credentialing, and background check requirements as part of the broader credentialing landscape.
Who would be affected
- Licensed midwives:
- Those who practice professional midwifery would become subject to licensure, renewal cycles, and regulatory oversight by the Board of Licensed Midwives.
- Applicants:
- Individuals seeking licensure as professional midwives would apply through the Department, meet specified requirements, and pay applicable fees.
- Health care providers and facilities:
- Providers and facilities may be expected to recognize licensed midwives and rely on the licensure framework when integrating midwifery services.
- Potential protection from certain professional liability claims related to licensed midwife practice (consistent with the statute’s liability provisions).
- Regulatory bodies:
- Board of Licensed Midwives would establish standards, rules, and ongoing oversight; the Department would administer licensure and fees.
Procedural and timeline aspects
- Status: Notice of hearing set for February 5, 2025.
- Effective date and implementation details are not specified in the provided text; enactment would involve rules and regulatory rules by the Board and Department, with licensure becoming a prerequisite for practice once established.
- The bill also repeals and harmonizes existing provisions to accommodate the new act within Nebraska’s Uniform Credentialing Act framework.
Key implications to watch
- How licensure requirements (education, exams, supervised practice, background checks) are defined.
- The scope of practice permitted to licensed midwives and any restrictions.
- Privacy, reporting, and liability protections in practice settings.
- Implementation timeline: phased licensure, transition provisions, and any grandfathering for current practitioners.
Compiled from official sources — confirm details with the bill’s official record.
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