HB126ENROLLED
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HB126
XN4NZ7Z-3
By Representative Wilcox
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
PFD: 03-Feb-25
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PFD: 03-Feb-25
Enrolled, An Act,
Relating to the Alabama Sunset Law; to continue the
existence and functioning of the State Board of Midwifery
until October 1, 2029, with certain modifications; to amend
Section 34-19-12, Code of Alabama 1975, to require that a
board member resides in and be appointed from each
congressional district in this state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the State Board
of Midwifery until October 1, 2029, with additional
recommendation for statutory change as set out in Section 3.
Section 2. The existence and functioning of the State
Board of Midwifery, created and functioning pursuant to
Sections 34-19-11 to 34-19-21, inclusive, Code of Alabama
1975, is continued until October 1, 2029, and those code
sections are expressly preserved.
Section 3. Section 34-19-12, Code of Alabama 1975, is
amended to read as follows:
"ยง34-19-12
(a) There is created and established a State Board of
Midwifery to implement and administer this chapter.
(b) The board shall pay all of its expenses from its
own funds and no expenses shall be borne by the State of
Alabama from the State General Fund.
(c) The board shall consist of seven members appointed
by the Governor and subject to confirmation by the Senate,
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by the Governor and subject to confirmation by the Senate,
from a list of qualified individuals nominated by the
designated organization. Each list shall contain the names of
at least two individuals for each position to be filled.
(d) The members of the board shall be appointed for
staggered initial terms and subsequent terms shall be for a
minimum of four years or until his or her successor has been
appointed and qualified.
(e) The board shall meet at least twice each year,
conducting its business in person or by electronic methods.
(f) The board shall elect one of its members to serve
as chair for a two-year term. The chair may not serve
consecutive terms.
(g) The composition of the board shall be as follows:
(1) Four members shall hold a valid certified
professional midwife credential from the North American
Registry of Midwives. These members shall be appointed from a
list of names submitted by the Alabama Birth Coalition or its
successor organization. One of these members shall be
appointed to an initial term of four years, one to a term of
three years, and two to a term of two years.
(2) One member shall be a nurse practitioner. This
member shall be appointed to an initial term of four years.
(3) One member shall be a licensed certified nurse
midwife or registered nurse licensed under Article 5 of
Chapter 21. This member shall be appointed from a list
submitted by the Alabama Board of Nursing. This member shall
be appointed to an initial term of three years.
(4) One member shall have used midwifery services in
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(4) One member shall have used midwifery services in
the state. This member shall be appointed from a list of names
submitted by the Alabama Birth Coalition. This member shall be
appointed to an initial term of three years.
(h) When choosing individuals to be considered by the
Governor for appointment to the board, the nominating
authorities shall strive to assure membership is inclusive and
reflects the racial, gender, geographic, urban, rural, and
economic diversity of the state. Commencing on June 1, 2025,
as the terms of the members serving on the board expire, the
membership of the board shall be appointed so that one member
resides in and is appointed from each congressional district
in this state.
(i) All members of the board shall be immune from
individual civil liability while acting within the scope of
their duties as board members, unless conduct is unreasonable.
(j) Vacancies shall be filled by the Governor and
confirmed by the Senate in the same manner as other
appointments are made. In the case of a vacancy, the new
appointee shall serve for the remainder of the unexpired term.
(k) Members of the board shall serve without
compensation but shall be allowed travel and per diem expenses
at the same rate paid to state employees, to be paid from the
funds collected for the administration of this chapter, as
funds are available.
(l) The board may employ, subject to the State Merit
System, investigators, inspectors, attorneys, and any other
agents, employees, and assistants as may from time to time be
necessary, and may use any other means necessary to enforce
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necessary, and may use any other means necessary to enforce
the provisions of this chapter.
(m)(1) A licensed midwife shall file annually with the
board the following information on a form prepared by the
board and accessible on its website:
a. The total number of births attended by the licensed
midwife in the previous year, including births where the
licensed midwife was assisting another licensed midwife.
b. The number of maternal transfers to a health care
facility from births attended by the licensed midwife,
including instances where the licensed midwife was assisting
another licensed midwife.
c. The number of infant transfers to a health care
facility from births attended by the licensed midwife,
including instances where the licensed midwife was assisting
another licensed midwife.
d. The total number of maternal deaths from births
attended by the licensed midwife, including instances where
the licensed midwife was assisting another licensed midwife.
e. The total number of infant deaths from births
attended by the licensed midwife, including instances where
the licensed midwife was assisting another licensed midwife.
(2) The board shall make the information collected
under this subsection available to the public in accordance
with federal law.
(n) The board shall be subject to the Alabama Sunset
Law, Chapter 20, Title 41, as an enumerated agency as provided
in Section 41-20-3, and shall have a termination date of
October 1, 2021, and every four years thereafter, unless
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October 1, 2021, and every four years thereafter, unless
continued pursuant to the Alabama Sunset Law."
Section 4. The Legislature concurs in the
recommendation of the Sunset Committee as provided in Sections
1, 2, and 3.
Section 5. This act shall become effective on June 1,
2025.
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2025.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 06-Feb-25.
John Treadwell
Clerk
Senate 09-Apr-25 Passed
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