Bill
HB 5501
West Virginia will regulate Certified Professional Midwives as Licensed Midwives, establishing licensure, standards, collaboration, and patient rights for CPM-based maternity care.
Purpose and intent
- Establishes a new regulatory framework to create and regulate Certified Professional Midwives (CPMs) in West Virginia.
- Defines licensing, practice standards, responsibilities, and protections for licensed midwives, with a focus on empowering midwifery care that aligns with national CPM standards (NARM, NACPM).
Key provisions and changes
1) Definitions and framework
- Creates Article 44 (sections 30-44-1 through 30-44-15) to regulate CPMs:
- CPM: Credential issued by the North American Registry of Midwives (NARM).
- LM: Licensed Midwife (West Virginia-licensed practitioner).
- Midwife care: Primary maternity care aligned with NARM standards and NACPM guidelines.
- Collaboration/consultation/transfer/referral: Defined processes for working with obstetrical providers and higher levels of care.
- Licensing Authority: State entity responsible for licensing, regulation, and discipline.
2) Licensure requirements (30-44-2)
- Minimum age 18; high school diploma or equivalent.
- Must hold a current CPM credential from NARM or successor.
- Educational pathways: MEAC-accredited midwifery program or NARM portfolio/bridge pathway.
- Application to the Licensing Authority with applicable fee (not to exceed $500).
- If licensed elsewhere, applicant must disclose status and disciplinary history.
- Licensure as LM issued for two years, renewable per 30-44-3.
3) License renewal, reinstatement, and discipline (30-44-3; 30-44-6)
- Renewal every two years; must show current NARM certification.
- Participation in data submission to a perinatal outcomes registry or professional organization.
- Provisions for renewal denial, reinstatement after lapse, suspension, or revocation, with fees (up to $500) and requirements such as rehabilitation or compliance with terms.
- Expedited reinstatement possible for urgent community need.
4) License contents and use of title (30-44-4; 30-44-5)
- Licenses include serial number, name, expiration/issuance dates, authority title, and official signature.
- Licensed practitioners may use the title “Licensed Midwife” and initials “LM.”
- Strict rules against misrepresentation or practicing without a current LM license.
5) Grounds for discipline (30-44-6)
- Fraud, felony conviction, unfitness, substance issues, mental incompetence, immoral conduct, practicing without license, violations of article, or practicing outside defined scope.
6) Protections and exceptions (30-44-7; 30-44-8)
- Exceptions for emergency care, delegation of nondiscretionary tasks, and tasks performed under supervision while pursuing NARM requirements.
7) Regulations and practice standards (30-44-9; 30-44-10; 30-44-11)
- Licensing Authority to adopt rules, consistent with NACPM/NARM standards.
- CPMs may order tests, administer medications (excluding Schedule I-V drugs), and use devices within scope.
- Documentation of medications per client record; entities supplying meds in good faith to licensed midwives protected from liability.
- Risk assessment, ongoing evaluation, and clear criteria for when to consult or transfer care to obstetrical providers.
- Written emergency transfer plans; ability to transport to appropriate facilities; continuation of care in coordination with EMS as needed.
- Comprehensive medical records for each client; HIPAA compliance; newborn care included in scope up to six weeks postpartum.
8) Confidentiality and immunity (30-44-12; 30-44-13)
- Confidentiality protections for client information; exceptions only as required by law.
- Immunity from liability for activities performed by the licensed midwife, with other parties not liable for the midwife’s acts.
9) Transitional provisions (30-44-14)
- Existing NARM CPMs practicing in WV on the bill’s effective date may qualify for licensure if they apply within 12 months, provide current NARM certification, and pay fees.
- After 12 months, new applicants must meet the standard licensure requirements.
- Temporary/provisional licenses available pending final review, subject to meeting minimum qualifications.
10) Client rights and informed refusal (30-44-15)
- Clients have the right to informed decisions about pregnancy, labor, birth, and newborn care, including refusals of tests or transfers.
- Midwives must provide complete information on benefits, risks, and alternatives; document decisions and reasoning.
- Informed refusals do not automatically constitute negligence if care was delivered with reasonable skill, proper counseling, and documented decisions.
- In emergencies, midwives may initiate emergency care regardless of prior refusals and continue supportive care until a responsible provider assumes care.
Who is affected
- Prospective and current midwives in West Virginia who pursue LM licensure (via CPM/NARM pathways).
- Clients/patients receiving midwifery care in WV, including risk assessment, transfer protocols, and newborn care.
- Healthcare facilities, EMS, and obstetrical providers involved in collaborative care and emergency transfers.
- State Licensing Authority and related regulatory bodies implementing rules and ongoing oversight.
Timeline and procedural notes
- Effective date not specified in the provided text; transitional provisions outline a 12-month window for existing NARM CPMs to apply for licensure.
- Licenses renewed every two years; reinstatement and discipline processes include specific timelines and fees (not to exceed $500).
- Provisional licenses may be issued during application reviews under rule-based timelines.
Overall, HB 5501 creates a formal, state-regulated pathway for CPMs to practice as Licensed Midwives (LM) in West Virginia, integrating CPM standards with state licensing, professional accountability, risk management, client rights, and collaboration with obstetrical care when necessary.
Compiled from official sources — confirm details with the bill’s official record.
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