Amendment ID: S2899-24

Amendment 24

Board of Registration in Midwifery

Messrs. O'Connor, Payano, Lewis, Collins and Tarr move that the proposed new text be amended by striking sections 27 and 249 through 251 inclusive, in their entirety and inserting in place thereof the following section:-

SECTION XXXX. Chapter 13 is hereby further amended by adding the following section:-

Section 110. (a) There shall be within the department of public health a board of registration in midwifery, hereinafter called the board. The board shall consist of 9 members who are residents of the commonwealth to be appointed by the governor: 5 of whom shall be midwives licensed under section 293 of chapter 112 with not less than 5 years of experience in the practice of midwifery; 1 of whom shall be an obstetrician-gynecologist licensed to practice medicine under section 2 of said chapter 112 with experience working with midwives; 1 of whom shall be a maternal-fetal medicine specialist licensed to practice medicine under said section 2 of said chapter 112 with experience working with midwives; 1 of whom shall be a certified nurse-midwife licensed under section 80B of said chapter 112 and authorized to practice nurse midwifery under section 80C of said chapter 112; and 1 of whom shall be a member of the public. When making the appointments, the governor shall consider members with experience working on the issue of racial disparities in maternal health. The appointed members shall serve for terms of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed and qualified. A member shall not serve for more than 2 consecutive full terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive full terms in addition to the remainder of such unexpired term. A member may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in the office after a written notice of the charges against the member and sufficient opportunity to be heard thereon. Upon the death, resignation, or removal for cause of a member of the board, the governor shall fill the vacancy for the remainder of that member’s term.

(b) Annually, the board shall elect from its membership a chair and a secretary who shall serve until their successors have been elected and qualified. The board shall meet not less than 4 times annually and may hold additional meetings at the call of the chair or upon the request of not less than 5 members. A quorum for the conduct of official business shall be a majority of those appointed. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The members shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

And hereby further amends the text by adding the following sections:-

SECTION XXXX. Section 7 of said chapter 94C, as so appearing, is hereby amended by adding the following subsection:-

(j) The commissioner shall promulgate regulations that provide for the automatic registration of licensed midwives, upon the receipt of the fee as herein provided, to issue written prescriptions in accordance with the provisions of section 295 of chapter 112 and the regulations issued by the board of registration in midwifery under said section 295 of said chapter 112, unless the registration of such licensed midwife has been suspended or revoked pursuant to the provisions of section 13 or section 14 or unless such registration is denied for cause by the commissioner pursuant to chapter 30A. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in midwifery and the department of public health.

SECTION XXXX. Section 9 of said chapter 94C, as so appearing, is hereby amended by inserting after the figure “112”, in line 7, the following words:- , licensed midwife as limited by subsection (j) of said section 7 and section 295 of said chapter 112.

SECTION XXXX. Said section 9 of said chapter 94C, as so appearing, is hereby further amended by inserting after the word “midwife”, in lines 24, 33, 38, 69, 75, 78 and 87, in each instance, the following words:- , licensed midwife.

SECTION XXXX. Said section 9 of said chapter 94C, as so appearing, is hereby further amended by inserting after the word “nurse-midwifery”, in line 29, the following word:- , midwifery.