Maryland 2025 Regular Session

Maryland Senate Bill SB854 Latest Draft

Bill / Engrossed Version Filed 03/17/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0854*  
  
SENATE BILL 854 
J2   	5lr3348 
    	CF HB 838 
By: Senator Lewis Young 
Introduced and read first time: January 28, 2025 
Assigned to: Finance 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 28, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Health Occupations – Licensed Direct–Entry Midwives – Revisions 2 
 
FOR the purpose of altering the scope of practice of licensed direct–entry midwives; 3 
providing that the practice of direct–entry midwifery is independent and does not 4 
require oversight by another health care practitioner; repealing the requirement that 5 
licensed direct–entry midwives report certain information to the Direct–Entry 6 
Midwifery Advisory Committee; altering the disciplinary actions that may be taken 7 
against a licensed direct–entry midwife or an applicant for a license; continuing the 8 
Maryland Licensure of Direct–Entry Midwives Act in accordance with the provisions 9 
of the Maryland Program Evaluation Act (sunset law) by extending to a certain date 10 
the termination provisions relating to the Act; and generally relating to licensed 11 
direct–entry midwives.  12 
 
BY repealing and reenacting, without amendments, 13 
 Article – Health Occupations 14 
Section 8–6C–01(a), (d), (e), (f), and (p) 15 
 Annotated Code of Maryland 16 
 (2021 Replacement Volume and 2024 Supplement) 17 
 
BY repealing and reenacting, with amendments, 18 
 Article – Health Occupations 19 
Section 8–6C–01(n), 8–6C–02, 8–6C–03, 8–6C–04(a) and (b)(2)(x), 8–6C–08,  20 
8–6C–10, 8–6C–20(a), and 8–6C–26 21 
 Annotated Code of Maryland 22 
 (2021 Replacement Volume and 2024 Supplement) 23  2 	SENATE BILL 854  
 
 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 
That the Laws of Maryland read as follows: 2 
 
Article – Health Occupations 3 
 
8–6C–01. 4 
 
 (a) In this subtitle the following words have the meanings indicated. 5 
 
 (d) “Board” means the State Board of Nursing. 6 
 
 (e) “Committee” means the Direct–Entry Midwifery Advisory Committee 7 
established under § 8–6C–11 of this subtitle. 8 
 
 (f) “Health care practitioner” means: 9 
 
 (1) An individual certified as a nurse–midwife or a nurse practitioner 10 
under this title; or 11 
 
 (2) A physician licensed under Title 14 of this article. 12 
 
 (n) (1) “Patient” means [a woman] AN INDIVIDUAL for whom a licensed 13 
direct–entry midwife performs services. 14 
 
 (2) “Patient” includes [a woman’s] AN INDIVIDUAL ’S newborn for the 15 
purpose of perinatal or postpartum care. 16 
 
 (p) (1) “Practice direct–entry midwifery” means: 17 
 
 (i) Providing maternity care that is consistent with a midwife’s 18 
training, education, and experience; and 19 
 
 (ii) Identifying and referring patients who require medical care to an 20 
appropriate health care provider. 21 
 
 (2) “Practice direct–entry midwifery” includes the activities described in § 22 
8–6C–02 of this subtitle. 23 
 
8–6C–02. 24 
 
 (a) The practice of direct–entry midwifery includes: 25 
 
 (1) Providing the necessary supervision, care, and advice to a patient 26 
during a low–risk pregnancy, labor, delivery, and postpartum period; and 27 
   	SENATE BILL 854 	3 
 
 
 (2) Newborn care authorized under this subtitle that is provided in a 1 
manner that is: 2 
 
 (i) Consistent with national direct–entry midwifery standards; and 3 
 
 (ii) Based on the acquisition of clinical skills necessary for the care 4 
of pregnant women and newborns, including antepartum, intrapartum, and postpartum 5 
care. 6 
 
 (b) The practice of direct–entry midwifery also includes: 7 
 
 (1) Obtaining informed consent to provide services to the patient; 8 
 
 (2) Discussing: 9 
 
 (i) Any general risk factors associated with the services to be 10 
provided; 11 
 
 (ii) Any specific risk factors pertaining to the health and 12 
circumstances of the individual patient; 13 
 
 (iii) Conditions that preclude care by a licensed direct–entry midwife; 14 
and 15 
 
 (iv) The conditions under which consultation, transfer of care, or 16 
transport of the patient must be implemented; 17 
 
 (3) Obtaining a health history of the patient and performing a physical 18 
examination; 19 
 
 (4) Developing a written plan of care specific to the patient, to ensure 20 
continuity of care throughout the antepartum, intrapartum, and postpartum periods, that 21 
includes: 22 
 
 (i) A plan for the management of any specific risk factors pertaining 23 
to the individual health and circumstances of the individual patient; and 24 
 
 (ii) A plan to be followed in the event of an emergency, including a 25 
plan for transportation; 26 
 
 (5) Evaluating the results of patient care; 27 
 
 (6) Consulting and collaborating with a health care practitioner regarding 28 
the care of a patient, and referring and transferring care to a health care provider, as 29 
required; 30 
  4 	SENATE BILL 854  
 
 
 (7) Referral of all patients, within 72 hours after delivery, to a pediatric 1 
health care practitioner for care of the newborn; 2 
 
 (8) As approved by the Board: 3 
 
 (i) Obtaining and administering medications; and 4 
 
 (ii) Obtaining and using equipment and devices; 5 
 
 (9) Obtaining appropriate screening and testing, including laboratory 6 
tests, urinalysis, and ultrasound; 7 
 
 (10) Providing [prenatal] care during the antepartum period, with 8 
consultation or referral as required; 9 
 
 (11) Providing care during the intrapartum period, including: 10 
 
 (i) Monitoring and evaluating the condition of the patient and fetus; 11 
 
 (ii) [At the onset of active labor notifying the pediatric health care 12 
practitioner that delivery is imminent; 13 
 
 (iii)] Performing emergency procedures, including: 14 
 
 1. Administering approved medications; 15 
 
 2. Administering intravenous fluids for stabilization; 16 
 
 3. Performing an emergency episiotomy; and 17 
 
 4. Providing care while on the way to a hospital under 18 
circumstances in which emergency medical services have not been activated; 19 
 
 [(iv)] (III) Activating emergency medical services for an emergency; 20 
and 21 
 
 [(v)] (IV) Delivering in an out–of–hospital setting; 22 
 
 (12) Participating in peer review as required under § 8–6C–18(e)(2) of this 23 
subtitle; 24 
 
 (13) Providing care during the postpartum period, including: 25 
 
 (i) Suturing of first and second degree perineal or labial lacerations, 26 
or suturing of an episiotomy with the administration of a local anesthetic; and 27 
   	SENATE BILL 854 	5 
 
 
 (ii) Making further contact with the patient within 48 hours, within 1 
2 weeks, and at 6 weeks after the delivery to assess for hemorrhage, preeclampsia, 2 
thrombo–embolism, infection, and emotional well–being; 3 
 
 (14) Providing routine care for the newborn for up to 72 hours after delivery, 4 
exclusive of administering immunizations, including: 5 
 
 (i) Immediate care at birth, including resuscitating as needed, 6 
performing a newborn examination, and administering intramuscular vitamin K and eye 7 
ointment for prevention of ophthalmia neonatorum; 8 
 
 (ii) Assessing newborn feeding and hydration; 9 
 
 (iii) Performing metabolic screening and reporting on the screening 10 
in accordance with the regulations related to newborn screenings that are adopted by the 11 
Department; 12 
 
 (iv) Performing critical congenital heart disease screening and 13 
reporting on the screening in accordance with the regulations related to newborn 14 
screenings that are adopted by the Department; 15 
 
 (v) If unable to perform the screening required under item (iii) or (iv) 16 
of this item, referring the newborn to a pediatric health care practitioner to perform the 17 
screening within 24 to 48 hours after delivery; and 18 
 
 (vi) Referring the infant to an audiologist for a hearing screening in 19 
accordance with the regulations related to newborn screenings that are adopted by the 20 
Department; 21 
 
 (15) [Within 24 hours after delivery, notifying a pediatric health care 22 
practitioner of the delivery; 23 
 
 (16)] Within 72 hours after delivery: 24 
 
 (i) Transferring health records to the pediatric health care 25 
practitioner, including documentation of the performance of the screenings required under 26 
item (14)(iii) and (iv) of this subsection; and 27 
 
 (ii) Referring the newborn to a pediatric health care practitioner; 28 
 
 [(17)] (16) Providing the following care of the newborn beyond the first 72 29 
hours after delivery: 30 
 
 (i) Weight checks and general observation of the newborn’s activity, 31 
with abnormal findings communicated to the newborn’s pediatric health care practitioner; 32 
 
 (ii) Assessment of newborn feeding and hydration; and 33  6 	SENATE BILL 854  
 
 
 
 (iii) [Breastfeeding] LACTATION support and counseling; and 1 
 
 [(18)] (17) Providing limited services to the patient after the postpartum 2 
period, including: 3 
 
 (i) [Breastfeeding] LACTATION support and counseling; and 4 
 
 (ii) Counseling and referral for all family planning methods. 5 
 
 (c) The practice of direct–entry midwifery does not include: 6 
 
 (1) Pharmacological induction or augmentation of labor or artificial 7 
rupture of membranes prior to the onset of labor; 8 
 
 (2) Surgical delivery or any surgery except an emergency episiotomy; 9 
 
 (3) Use of forceps or vacuum extractor; 10 
 
 (4) Except for the administration of a local anesthetic, administration of an 11 
anesthetic; 12 
 
 (5) Administration of any kind of narcotic analgesic; or 13 
 
 (6) Administration of any prescription medication in a manner that 14 
violates this subtitle. 15 
 
 (D) EXCEPT FOR A TRANSFER REQUIRED UN DER § 8–6C–03 OF THIS 16 
SUBTITLE OR A CONSUL TATION REQUIRED UNDE R § 8–6C–04 OF THIS SUBTITLE , 17 
THE THE PRACTICE OF DIRECT –ENTRY MIDWIFERY IS I NDEPENDENT AND DOES NOT 18 
REQUIRE OVERSIGHT BY ANOTHER HEALTH CARE PRACTITIONER . 19 
 
8–6C–03. 20 
 
 A licensed direct–entry midwife may not assume or continue to take responsibility 21 
for a patient’s pregnancy and birth care and shall arrange for the orderly transfer of care 22 
to a health care practitioner for a patient who is already under the care of the licensed 23 
direct–entry midwife, if any of the following disorders or situations is found to be present 24 
at the initial interview or if any of the following disorders or situations occur as prenatal 25 
care proceeds: 26 
 
 (1) Diabetes mellitus, including uncontrolled gestational diabetes; 27 
 
 (2) Hyperthyroidism treated with medication; 28 
 
 (3) Uncontrolled hypothyroidism; 29   	SENATE BILL 854 	7 
 
 
 
 (4) Epilepsy with seizures or antiepileptic drug use during the previous 12 1 
months; 2 
 
 (5) Coagulation disorders; 3 
 
 (6) Chronic pulmonary disease; 4 
 
 (7) Heart disease in which there are arrhythmias or murmurs except when, 5 
after evaluation, it is the opinion of a physician licensed under Title 14 of this article or a 6 
licensed nurse certified as a nurse–midwife or a nurse practitioner under this title that 7 
midwifery care may proceed; 8 
 
 (8) Hypertension, including pregnancy–induced hypertension (PIH); 9 
 
 (9) Renal disease; 10 
 
 (10) Except as otherwise provided in § 8–6C–04(a)(11) of this subtitle, Rh 11 
sensitization with positive antibody titer; 12 
 
 (11) (10) Previous uterine surgery, including a cesarean section or 13 
myomectomy; 14 
 
 (12) (11) Indications that the fetus has died in utero; 15 
 
 (13) (12) Premature labor (gestation less than 37 weeks); 16 
 
 (14) (13) Multiple gestation; 17 
 
 (15) (14) Noncephalic presentation at or after 38 weeks; 18 
 
 (16) (15) Placenta previa or abruption; 19 
 
 (17) (16) Preeclampsia; 20 
 
 (18) (17) [Severe anemia, defined as hemoglobin less than 10 g/dL: 21 
 
 (I) THAT HAS BEEN MEASURE D AFTER TREATMENT ; OR 22 
 
 (II) BASED ON BLOOD TESTS PERFORMED AT OR AFTE R 36 23 
WEEKS; 24 
 
 (19) (18)] Uncommon diseases and disorders, including Addison’s disease, 25 
Cushing’s disease, systemic lupus erythematosus, antiphospholipid syndrome, 26 
scleroderma, rheumatoid arthritis, periarteritis nodosa, AND Marfan’s syndrome[, and 27 
other systemic and rare diseases and disorders]; 28  8 	SENATE BILL 854  
 
 
 
 [(20)] (19) AIDS/HIV; 1 
 
 [(21)] (20) Hepatitis [A through G and non–A through G]; 2 
 
 [(22)] (21) Acute toxoplasmosis infection, if the patient is symptomatic; 3 
 
 [(23)] (22) Acute Rubella infection during pregnancy; 4 
 
 [(24)] (23) Acute cytomegalovirus infection, if the patient is symptomatic; 5 
 
 [(25)] (24) Acute Parvovirus infection, if the patient is symptomatic; 6 
 
 [(26)] (25) Alcohol abuse, substance abuse, or prescription abuse during 7 
pregnancy; 8 
 
 [(27)] (26) Continued daily tobacco use into the second trimester; 9 
 
 [(28)] (27) Thrombosis; 10 
 
 [(29)] (28) Inflammatory bowel disease that is not in remission; 11 
 
 [(30)] (29) Primary genital herpes simplex virus infection during the third 12 
trimester or active genital herpes lesions at the time of labor; 13 
 
 [(31) (30) Significant fetal congenital anomaly THAT DIRECTLY IMPACT S 14 
THE BIRTHING PROCESS OR REQUIRES IMMEDIAT E EMERGENCY CARE , AS 15 
DETERMINED BY THE BOARD IN REGULATIONS ; 16 
 
 (32)] (30) (31) Ectopic pregnancy; OR 17 
 
 [(33) Prepregnancy body mass index (BMI) of less than 18.5 or 35 or more; or 18 
 
 (34)] (31) (32) Post term maturity (gestational age 42 0/7 weeks and 19 
beyond). 20 
 
8–6C–04. 21 
 
 (a) A licensed direct–entry midwife shall consult with a health care practitioner, 22 
and document the consultation, the recommendations of the consultation, and the 23 
discussion of the consultation with the client, if any of the following conditions are present 24 
during [prenatal] THE COURSE OF care: 25 
 
 (1) Significant mental disease, including depression, bipolar disorder, 26 
schizophrenia, and other conditions that impair the ability of the patient to participate 27   	SENATE BILL 854 	9 
 
 
effectively in the patient’s care or that require the use of psychotropic drugs to control the 1 
condition; 2 
 
 (2) Second or third trimester bleeding; 3 
 
 (3) Intermittent use of alcohol into the second trimester; 4 
 
 (4) Asthma; 5 
 
 (5) Diet–controlled gestational diabetes; 6 
 
 (6) History of genetic problems, intrauterine death after 20 weeks’ 7 
gestation, or stillbirth; 8 
 
 (7) Abnormal pap smear; 9 
 
 (8) Possible ectopic pregnancy; 10 
 
 (9) Tuberculosis; 11 
 
 (10) Controlled hypothyroidism, being treated with thyroid replacement and 12 
euthyroid, and with thyroid test numbers in the normal range; 13 
 
 (11) Rh sensitization with positive antibody titer; 14 
 
 (12) Breech presentation between 35 and 38 weeks; 15 
 
 (13) Transverse lie or other abnormal presentation between 35 and 38 16 
weeks; 17 
 
 (14) Premature rupture of membranes at 37 weeks or less; 18 
 
 (15) Small for gestational age or large for gestational age fetus; 19 
 
 (16) Polyhydramnios or oligohydramnios; 20 
 
 (17) Previous LEEP procedure or cone biopsy; 21 
 
 (18) Previous obstetrical problems, including uterine abnormalities, 22 
placental abruption, placenta accreta, obstetric hemorrhage, incompetent cervix, or 23 
preterm delivery for any reason; 24 
 
 (19) Postterm maturity (41 0/7 to 6/7 weeks gestational age); 25 
 
 (20) Inflammatory bowel disease, in remission; [or] 26 
  10 	SENATE BILL 854  
 
 
 (21) Active genital herpes lesions during pregnancy EXCEPT AS REQUIRED 1 
BY § 8–6C–03(29) OF THIS SUBTITLE; 2 
 
 (22) SEVERE ANEMIA , AS DEFINED AS HEMOGL OBIN LESS THAN 10 3 
G/DL AND UNRESPONSIVE TO TREATMENT ; 4 
 
 (23) (22) PREPREGNANCY BODY MAS S INDEX (BMI) OF LESS THAN 5 
18.5 OR 35 OR MORE; OR 6 
 
 (24) (23) SIGNIFICANT FETAL CONGENITAL ANO MALY. 7 
 
 (b) Subject to subsection (c) of this section, a licensed direct–entry midwife shall 8 
arrange immediate emergency transfer to a hospital if: 9 
 
 (2) The patient or newborn is determined to have any of the following 10 
conditions during labor, delivery, or the immediate postpartum period: 11 
 
 (x) [Obvious] LIFE–THREATENING SIGNIFICANT congenital 12 
anomalies THAT DIRECTLY AFFECT DELIVERY OR IMMEDIAT E POSTPARTUM CARE OR 13 
REQUIRE IMMEDIATE EM ERGENCY CARE , AS DETERMINED BY THE BOARD IN 14 
REGULATIONS; 15 
 
8–6C–08. 16 
 
 (a) A licensed direct–entry midwife shall develop a general written plan for their 17 
practice for: 18 
 
 (1) Emergency transfer of a patient, newborn, or both; 19 
 
 (2) Transport of a newborn to a newborn nursery or neonatal intensive care 20 
nursery; and 21 
 
 (3) Transport of a patient to an appropriate hospital with a labor and 22 
delivery unit. 23 
 
 (b) The Committee shall review and recommend approval to the Board of the plan 24 
required under subsection (a) of this section. 25 
 
 (c) [The plan required under subsection (a) of this section shall be provided to any 26 
hospital identified in the plan. 27 
 
 (d)] (1) In addition to the general written plan required under subsection (a) of 28 
this section, a licensed direct–entry midwife shall prepare a plan that is specific to each 29 
patient and share the plan with the patient. 30 
 
 (2) The plan required under paragraph (1) of this subsection shall: 31   	SENATE BILL 854 	11 
 
 
 
 (i) Include procedures and processes to be undertaken in the event 1 
of an emergency for the mother, the newborn, or both; 2 
 
 (ii) Identify the hospital closest to the address of the planned home 3 
birth that has a labor and delivery unit; 4 
 
 (iii) Include a care plan for the newborn; and 5 
 
 (iv) Identify the pediatric health care practitioner who will be 6 
[notified after delivery in accordance with § 8–6C–02(b)(15) of this subtitle to receive the 7 
transfer of care of the newborn] RECEIVING THE HEALTH RECORDS OF THE NEWBO RN 8 
IN ACCORDANCE WITH § 8–6C–02(B)(15) OF THIS SUBTITLE . 9 
 
 [(e)] (D) (1) The Board, in consultation with stakeholders, shall develop a 10 
standard form for use in all cases in which a transfer occurs during prenatal care, labor, or 11 
postpartum. 12 
 
 (2) The form shall include the medical information needed by the health 13 
care practitioner receiving the patient. 14 
 
 [(f)] (E) [(1)] After a decision to transport a patient has been made, the 15 
licensed direct–entry midwife shall: 16 
 
 [(i)] (1) Call the receiving health care provider; 17 
 
 [(ii)] (2) Inform the health care provider of the incoming patient; 18 
and 19 
 
 [(iii) (3) Accompany the patient to the hospital. IF DETERMINED 20 
TO BE APPROPRIATE BY THE LICENSED DIRECT –ENTRY MIDWIFE AND TH E 21 
RECEIVING HEALTH CAR E PROVIDER; AND] 22 
 
 [(2)] (3) (4) [On arrival at the hospital, the licensed direct–entry midwife 23 
shall provide] PROVIDE:  24 
 
 (i) To the staff of the hospital: 25 
 
 1. The standard form developed under subsection (e) (D) of 26 
this section; and 27 
 
 2. The [complete] medical records of the patient OR 28 
NEWBORN, AS DETERMINED BY THE BOARD IN REGULATIONS AND AS REQUESTED 29 
BY THE RECEIVING HEALTH CARE PROVIDER; and 30 
  12 	SENATE BILL 854  
 
 
 (ii) To the accepting health care practitioner, a verbal summary of 1 
the care provided to the patient by the licensed direct–entry midwife. 2 
 
8–6C–10. 3 
 
 (a) [On or before October 1 each year, a licensed direct–entry midwife shall report 4 
to the Committee, in a form specified by the Board, the following information regarding 5 
cases in which the licensed direct–entry midwife assisted during the previous fiscal year 6 
when the intended place of birth at the onset of care was an out–of–hospital setting: 7 
 
 (1) The total number of patients served as primary caregiver at the onset 8 
of care; 9 
 
 (2) The number, by county, of live births attended as primary caregiver; 10 
 
 (3) The number, by county, of cases of fetal demise, infant deaths, and 11 
maternal deaths attended as primary caregiver at the discovery of the demise or death; 12 
 
 (4) The number of women whose primary care was transferred to another 13 
health care practitioner during the antepartum period and the reason for transfer; 14 
 
 (5) The number, reason for, and outcome of each nonemergency hospital 15 
transfer during the intrapartum or postpartum period; 16 
 
 (6) The number, reason for, and outcome of each urgent or emergency 17 
transport of an expectant mother in the antepartum period; 18 
 
 (7) The number, reason for, and outcome of each urgent or emergency 19 
transport of an infant or mother during the intrapartum or immediate postpartum period; 20 
 
 (8) The number of planned out–of–hospital births at the onset of labor and 21 
the number of births completed in an out–of–hospital setting; 22 
 
 (9) A brief description of any complications resulting in the morbidity or 23 
mortality of a mother or a neonate; and 24 
 
 (10) Any other information required by the Board in regulations. 25 
 
 (b) The Board shall send a written notice of noncompliance to each licensee who 26 
fails to meet the reporting requirements under subsection (a) of this section. 27 
 
 (c) A licensed direct–entry midwife who fails to comply with the reporting 28 
requirements under this section shall be prohibited from license renewal until the 29 
information required under subsection (a) of this section is reported. 30 
 
 (d) The Committee shall maintain the confidentiality of any report submitted 31 
under subsection (a) of this section. 32   	SENATE BILL 854 	13 
 
 
 
 (e)] Notwithstanding any other provision of law, a licensed direct–entry midwife 1 
shall be subject to the same reporting requirements as other health care practitioners who 2 
provide care to individuals in accordance with this title REPORTING REQUIREMEN TS 3 
ADOPTED BY THE BOARD IN REGULAT IONS IN CONSULTATION WITH THE 4 
COMMITTEE AND ANY OTH ER STAKEHOLDERS DETE RMINED APPROPRIATE B Y THE 5 
BOARD. 6 
 
 [(f)] (B) A licensed direct–entry midwife attending an out–of–hospital delivery 7 
shall: 8 
 
 (1) For any live birth, complete and submit a birth certificate in accordance 9 
with § 4–208 of the Health – General Article; and 10 
 
 (2) For any death, make all medical records available and communicate 11 
relevant circumstances of the death to the individual responsible for completing the 12 
certificate of death under § 4–212 or § 4–213 of the Health – General Article. 13 
 
8–6C–20. 14 
 
 (a) Subject to the hearing provisions of § 8–317 of this title, the Board may deny 15 
a license OR GRANT A LICENSE , INCLUDING A LICENSE SUBJECT TO A REPRIMA ND, 16 
PROBATION, OR SUSPENSION , to an applicant, reprimand a licensee, place a licensee on 17 
probation, or suspend or revoke [a] THE license OF A LICENSEE if the applicant or licensee: 18 
 
 (1) Fraudulently or deceptively obtains or attempts to obtain a license for 19 
the applicant or for another; 20 
 
 (2) Fraudulently or deceptively uses a license; 21 
 
 (3) Is disciplined by a licensing, military, or disciplinary authority in the 22 
State or in any other state or country or is convicted or disciplined by a court in the State 23 
or in any other state or country for an act that would be grounds for disciplinary action 24 
under the Board’s disciplinary statutes; 25 
 
 (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 26 
crime involving moral turpitude, whether or not any appeal or other proceeding is pending 27 
to have the conviction or plea set aside; 28 
 
 (5) Willfully and knowingly: 29 
 
 (i) Files a false report or record of an individual under the licensee’s 30 
care; 31 
 
 (ii) Gives any false or misleading information about a material 32 
matter in an employment application; 33  14 	SENATE BILL 854  
 
 
 
 (iii) Fails to file or record any health record that is required by law; 1 
 
 (iv) Obstructs the filing or recording of any health record as required 2 
by law; or 3 
 
 (v) Induces another person to fail to file or record any health record 4 
as required by law; 5 
 
 (6) Knowingly does any act that has been determined by the Board, in its 6 
regulations, to exceed the scope of practice authorized to the individual under this subtitle; 7 
 
 (7) Provides professional services while: 8 
 
 (i) Under the influence of alcohol; or 9 
 
 (ii) Using any narcotic or controlled dangerous substance, as defined 10 
in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 11 
amounts or without valid medical indication; 12 
 
 (8) Does an act that is inconsistent with generally accepted professional 13 
standards in the practice of direct–entry midwifery; 14 
 
 (9) Is grossly negligent in the practice of direct–entry midwifery; 15 
 
 (10) Has violated any provision of this title; 16 
 
 (11) Submits a false statement to collect a fee; 17 
 
 (12) Is physically or mentally incompetent; 18 
 
 (13) Knowingly fails to report suspected child abuse in violation of § 5–704 19 
of the Family Law Article; 20 
 
 (14) Except in an emergency life–threatening situation where it is not 21 
feasible or practicable, fails to comply with the Centers for Disease Control and 22 
Prevention’s guidelines on universal precautions; 23 
 
 (15) Is in independent practice and fails to display the notice required under 24 
§ 8–6C–23 of this subtitle; 25 
 
 (16) Is habitually intoxicated; 26 
 
 (17) Is addicted to, or habitually abuses, any narcotic or controlled 27 
dangerous substance as defined in § 5–101 of the Criminal Law Article; 28 
 
 (18) Fails to cooperate with a lawful investigation conducted by the Board; 29   	SENATE BILL 854 	15 
 
 
 
 (19) Is expelled from the rehabilitation program established pursuant to § 1 
8–208 of this title for failure to comply with the conditions of the program; 2 
 
 (20) Engages in conduct that violates the professional code of ethics; 3 
 
 (21) Is professionally incompetent; 4 
 
 (22) Practices direct–entry midwifery without a license, before obtaining or 5 
renewing a license, including any period when the license has lapsed; 6 
 
 (23) After failing to renew a license or after a license has lapsed, commits 7 
any act that would be grounds for disciplinary action under this section; 8 
 
 (24) Violates regulations adopted by the Board or an order from the Board; 9 
 
 (25) Performs an act that is beyond the licensee’s knowledge and skills; 10 
 
 (26) Fails to submit to a criminal history records check in accordance with § 11 
8–303 of this title; 12 
 
 (27) When acting in a supervisory position, directs another licensed  13 
direct–entry midwife to perform an act that is beyond the licensed direct–entry midwife’s 14 
knowledge and skills; or 15 
 
 (28) Fails to file a report required under this subtitle. 16 
 
8–6C–26. 17 
 
 Subject to the evaluation and reestablishment provisions of the Maryland Program 18 
Evaluation Act, and subject to the termination of this subtitle under § 8–802 of this title, 19 
this subtitle and all regulations adopted under this subtitle shall terminate and be of no 20 
effect after July 1, [2025] 2030. 21 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 22 
1, 2025. 23