1.1 A bill for an act
1.2 relating to health occupations; amending certain definitions to include licensed
1.3 certified midwife; establishing licensure for certified midwives; establishing civil
1.4 and criminal penalties; expanding medical assistance coverage to licensed certified
1.5 midwife services; amending Minnesota Statutes 2024, sections 147D.03,
1.6 subdivision 1; 148.241; 151.01, subdivision 23; 152.12, subdivision 1; 256B.0625,
1.7 by adding a subdivision; proposing coding for new law as Minnesota Statutes,
1.8 chapter 148G.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2024, section 147D.03, subdivision 1, is amended to read:
1.11 Subdivision 1.General.Within the meaning of sections 147D.01 to 147D.27, a person
1.12who shall publicly profess to be a traditional midwife and who, for a fee, shall assist or
1.13attend to a woman in pregnancy, childbirth outside a hospital, and postpartum, shall be
1.14regarded as practicing traditional midwifery. A certified midwife licensed by the Board of
1.15Nursing under chapter 148G is not subject to the provisions of this chapter.
1.16 Sec. 2. Minnesota Statutes 2024, section 148.241, is amended to read:
1.17 148.241 EXPENSES.
1.18 Subdivision 1.Appropriation.The expenses of administering sections 148.171 to
1.19148.285 and chapter 148G shall be paid from the appropriation made to the Minnesota
1.20Board of Nursing.
1.21 Subd. 2.Expenditure.All amounts appropriated to the board shall be held subject to
1.22the order of the board to be used only for the purpose of meeting necessary expenses incurred
1.23in the performance of the purposes of sections 148.171 to 148.285 and chapter 148G, and
1Sec. 2.
REVISOR AGW/DG 25-0180401/16/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1010
NINETY-FOURTH SESSION
Authored by Agbaje, Nadeau, Schomacker, Clardy, Hollins and others02/17/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1the duties imposed thereby as well as the promotion of nursing or certified midwifery
2.2education and standards of nursing or certified midwifery care in this state.
2.3 Sec. 3. [148G.01] TITLE.
2.4 This chapter shall be referred to as the Minnesota Certified Midwife Practice Act.
2.5 Sec. 4. [148G.02] SCOPE.
2.6 This chapter applies to all applicants and licensees, all persons who use the title certified
2.7midwife, and all persons in or out of this state who provide certified midwifery services to
2.8patients who reside in this state, unless there are specific applicable exemptions provided
2.9by law.
2.10 Sec. 5. [148G.03] DEFINITIONS.
2.11 Subdivision 1.Scope.For purposes of this chapter, the definitions in this section have
2.12the meanings given.
2.13 Subd. 2.Board."Board" means the Minnesota Board of Nursing.
2.14 Subd. 3.Certification."Certification" means the formal recognition by the American
2.15Midwifery Certification Board of the knowledge, skills, and experience demonstrated by
2.16the achievement of standards identified by the American College of Nurse Midwives or any
2.17successor organization.
2.18 Subd. 4.Certified midwife."Certified midwife" means an individual who holds a current
2.19and valid national certification as a certified midwife from the American Midwifery
2.20Certification Board or any successor organization, and who is licensed by the board under
2.21this chapter.
2.22 Subd. 5.Certified midwifery practice."Certified midwifery practice" means:
2.23 (1) managing, diagnosing, and treating women's primary health care, including pregnancy,
2.24childbirth, postpartum period, care of the newborn, family planning, partner care management
2.25relating to sexual health, and gynecological care of women across the life span;
2.26 (2) ordering, performing, supervising, and interpreting diagnostic studies within the
2.27scope of certified midwifery practice, excluding:
2.28 (i) interpreting and performing specialized ultrasound examinations; and
2.29 (ii) interpreting computed tomography scans, magnetic resonance imaging scans, positron
2.30emission tomography scans, nuclear scans, and mammography;
2Sec. 5.
REVISOR AGW/DG 25-0180401/16/25 3.1 (3) prescribing pharmacologic and nonpharmacologic therapies appropriate to midwifery
3.2practice;
3.3 (4) consulting with, collaborating with, or referring to other health care providers as
3.4warranted by the needs of the patient; and
3.5 (5) performing the role of educator in the theory and practice of midwifery.
3.6 Subd. 6.Collaborating."Collaborating" means the process in which two or more health
3.7care professionals work together to meet the health care needs of a patient, as warranted by
3.8the needs of the patient.
3.9 Subd. 7.Consulting."Consulting" means the process in which a certified midwife who
3.10maintains primary management responsibility for a patient's care seeks advice or opinion
3.11of a physician, an advanced practice registered nurse, or another member of the health care
3.12team.
3.13 Subd. 8.Encumbered."Encumbered" means:
3.14 (1) a license or other credential that is revoked, suspended, or contains limitations on
3.15the full and unrestricted practice of certified midwifery when the revocation, suspension,
3.16or limitation is imposed by a state licensing board or other state regulatory entity; or
3.17 (2) a license or other credential that is voluntarily surrendered.
3.18 Subd. 9.Licensure period."Licensure period" means the interval of time during which
3.19the certified midwife is authorized to engage in certified midwifery. The initial licensure
3.20period is from six to 29 full calendar months starting on the day of licensure and ending on
3.21the last day of the certified midwife's month of birth in an even-numbered year if the year
3.22of birth is an even-numbered year, or in an odd-numbered year if the year of birth is in an
3.23odd-numbered year. Subsequent licensure renewal periods are 24 months. For licensure
3.24renewal, the period starts on the first day of the month following expiration of the previous
3.25licensure period. The period ends the last day of the certified midwife's month of birth in
3.26an even- or odd-numbered year according to the certified midwife's year of birth.
3.27 Subd. 10.Licensed practitioner."Licensed practitioner" means a physician licensed
3.28under chapter 147, an advanced practice registered nurse licensed under sections 148.171
3.29to 148.235, or a certified midwife licensed under this chapter.
3.30 Subd. 11.Midwifery education program."Midwifery education program" means a
3.31university or college that provides a program of theory and practice that leads to the
3.32preparation and eligibility for certification in midwifery and is accredited by the Accreditation
3Sec. 5.
REVISOR AGW/DG 25-0180401/16/25 4.1Commission for Midwifery Education or any successor organization recognized by the
4.2United States Department of Education or the Council for Higher Education Accreditation.
4.3 Subd. 12.Patient."Patient" means a recipient of care provided by a certified midwife,
4.4including an individual, family, group, or community.
4.5 Subd. 13.Prescribing."Prescribing" means the act of generating a prescription for the
4.6preparation of, use of, or manner of using a drug or therapeutic device under section 148G.09.
4.7Prescribing does not include recommending the use of a drug or therapeutic device that is
4.8not required by the federal Food and Drug Administration to meet the labeling requirements
4.9for prescription drugs and devices.
4.10 Subd. 14.Prescription."Prescription" means a written direction or an oral direction
4.11reduced to writing provided to or for a patient for the preparation or use of a drug or
4.12therapeutic device. The requirements of section 151.01, subdivisions 16, 16a, and 16b, apply
4.13to prescriptions for drugs.
4.14 Subd. 15.Referral."Referral" means the process in which a certified midwife directs
4.15a patient to a physician or another health care professional for management of a particular
4.16problem or aspect of the patient's care.
4.17 Subd. 16.Supervision."Supervision" means monitoring and establishing the initial
4.18direction, setting expectations, directing activities and courses of action, evaluating, and
4.19changing a course of action in certified midwifery care.
4.20 Sec. 6. [148G.04] CERTIFIED MIDWIFE LICENSING.
4.21 Subdivision 1.Licensure.(a) No person shall practice as a certified midwife or serve
4.22as the faculty of record for clinical instruction in a midwifery distance learning program
4.23unless the certified midwife is licensed by the board under this chapter.
4.24 (b) An applicant for a license to practice as a certified midwife must apply to the board
4.25in a format prescribed by the board and pay a fee in an amount determined under section
4.26148G.11.
4.27 (c) To be eligible for licensure, an applicant must:
4.28 (1) not hold an encumbered license or other credential as a certified midwife or equivalent
4.29professional designation in any state or territory;
4.30 (2) hold a current and valid certification as a certified midwife from the American
4.31Midwifery Certification Board or any successor organization acceptable to the board and
4Sec. 6.
REVISOR AGW/DG 25-0180401/16/25 5.1provide primary source verification of certification to the board in a format prescribed by
5.2the board;
5.3 (3) have completed a graduate level midwifery program that includes clinical experience,
5.4is accredited by the Accreditation Commission for Midwifery Education or any successor
5.5organization recognized by the United States Department of Education or the Council for
5.6Higher Education Accreditation, and leads to a graduate degree. The applicant must submit
5.7primary source verification of program completion to the board in a format prescribed by
5.8the board. The primary source verification must verify the applicant completed three separate
5.9graduate-level courses in physiology and pathophysiology; advanced health assessment;
5.10and advanced pharmacology, including pharmacodynamics, pharmacokinetics, and
5.11pharmacotherapeutics of all broad categories of agents;
5.12 (4) report any criminal conviction, nolo contendere plea, Alford plea, or other plea
5.13arrangement in lieu of conviction; and
5.14 (5) not have committed any acts or omissions that are grounds for disciplinary action in
5.15another jurisdiction or, if these acts were committed and would be grounds for disciplinary
5.16action as set forth in section 148G.13, the board has found after an investigation that sufficient
5.17remediation was made.
5.18 Subd. 2.Clinical practice component.If more than five years have elapsed since the
5.19applicant has practiced in the certified midwife role, the applicant must complete a
5.20reorientation plan as a certified midwife. The plan must include supervision during the
5.21clinical component by a licensed practitioner with experience in providing care to patients
5.22with the same or similar health care needs. The applicant must submit the plan and the name
5.23of the practitioner to the board. The plan must include a minimum of 500 hours of supervised
5.24certified midwifery practice. The certified midwife must submit verification of completion
5.25of the clinical reorientation to the board when the reorientation is complete.
5.26 Sec. 7. [148G.05] LICENSURE RENEWAL; RELICENSURE.
5.27 Subdivision 1.Renewal; current applicants.(a) A certified midwife must apply for
5.28renewal of the certified midwife's license before the certified midwife's licensure period
5.29ends. To be considered timely, the board must receive the certified midwife's application
5.30on or before the last day of the certified midwife's licensure period. A certified midwife's
5.31license lapses if the certified midwife's application is untimely.
5Sec. 7.
REVISOR AGW/DG 25-0180401/16/25 6.1 (b) An applicant for certified midwifery renewal must provide the board evidence of
6.2current certification or recertification as a certified midwife by the American Midwifery
6.3Certification Board or any successor organization.
6.4 (c) An applicant for certified midwifery renewal must submit to the board the fee under
6.5section 148G.11, subdivision 2.
6.6 Subd. 2.Clinical practice component.If more than five years have elapsed since the
6.7applicant has practiced as a certified midwife, the applicant must complete a reorientation
6.8plan as a certified midwife. The plan must include supervision during the clinical component
6.9by a licensed practitioner with experience in providing care to patients with the same or
6.10similar health care needs. The licensee must submit the plan and the name of the practitioner
6.11to the board. The plan must include a minimum of 500 hours of supervised certified
6.12midwifery practice. The certified midwife must submit verification of completion of the
6.13clinical reorientation to the board when the reorientation is complete.
6.14 Subd. 3.Relicensure; lapsed applicants.A person whose license has lapsed desiring
6.15to resume practice as a certified midwife must apply for relicensure, submit to the board
6.16satisfactory evidence of compliance with the procedures and requirements established by
6.17the board, and pay the board the relicensure fee under section 148G.11, subdivision 4, for
6.18the current period. A penalty fee under section 148G.11, subdivision 4, is required from a
6.19person who practiced certified midwifery without current licensure. The board must relicense
6.20a person who meets the requirements of this subdivision.
6.21 Sec. 8. [148G.06] FAILURE OR REFUSAL TO PROVIDE INFORMATION.
6.22 Subdivision 1.Notification requirement.An individual licensed as a certified midwife
6.23must notify the board when the individual renews their certification. If a licensee fails to
6.24provide notification, the licensee is prohibited from practicing as a certified midwife.
6.25 Subd. 2.Denial of license.Refusal of an applicant to supply information necessary to
6.26determine the applicant's qualifications, failure to demonstrate qualifications, or failure to
6.27satisfy the requirements for a license contained in this chapter or rules of the board may
6.28result in denial of a license. The burden of proof is upon the applicant to demonstrate the
6.29qualifications and satisfaction of the requirements.
6.30 Sec. 9. [148G.07] NAME CHANGE AND CHANGE OF ADDRESS.
6.31 A certified midwife must maintain a current name and address with the board and must
6.32notify the board in writing within 30 days of any change in name or address. All notices or
6Sec. 9.
REVISOR AGW/DG 25-0180401/16/25 7.1other correspondence mailed to or served upon a certified midwife by the board at the
7.2licensee's address on file with the board are considered received by the licensee.
7.3 Sec. 10. [148G.08] IDENTIFICATION OF CERTIFIED MIDWIVES.
7.4 Only those persons who hold a current license to practice certified midwifery in this
7.5state may use the title of certified midwife. A certified midwife licensed by the board must
7.6use the designation of "CM" for professional identification and in documentation of services
7.7provided.
7.8 Sec. 11. [148G.09] PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
7.9 Subdivision 1.Diagnosing, prescribing, and ordering.Certified midwives, within the
7.10scope of certified midwifery practice, are authorized to:
7.11 (1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies
7.12and providers;
7.13 (2) prescribe, procure, sign for, record, administer, and dispense over-the-counter, legend,
7.14and controlled substances, including sample drugs; and
7.15 (3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable
7.16medical devices and equipment, nutrition, diagnostic services, and supportive services,
7.17including but not limited to home health care, physical therapy, and occupational therapy.
7.18 Subd. 2.Drug Enforcement Administration requirements.(a) Certified midwives
7.19must:
7.20 (1) comply with federal Drug Enforcement Administration (DEA) requirements related
7.21to controlled substances; and
7.22 (2) file the certified midwife's DEA registrations and numbers, if any, with the board.
7.23 (b) The board must maintain current records of all certified midwives with a DEA
7.24registration and number.
7.25 Sec. 12. [148G.10] FEES.
7.26 The fees specified in section 148G.11 are nonrefundable and must be deposited in the
7.27state government special revenue fund.
7.28 Sec. 13. [148G.11] FEE AMOUNTS.
7.29 Subdivision 1.Licensure.The fee for licensure is $105.
7Sec. 13.
REVISOR AGW/DG 25-0180401/16/25 8.1 Subd. 2.Renewal.The fee for licensure renewal is $85.
8.2 Subd. 3.Practicing without current certification.The penalty fee for a person who
8.3practices certified midwifery without a current certification or recertification, or who practices
8.4certified midwifery without current certification or recertification on file with the board, is
8.5$200 for the first month or part of a month and an additional $100 for each subsequent
8.6month or parts of months of practice. The penalty fee must be calculated from the first day
8.7the certified midwife practiced without a current certification to the last day of practice
8.8without a current certification, or from the first day the certified midwife practiced without
8.9a current license and certification on file with the board until the day the current license and
8.10certification is filed with the board.
8.11 Subd. 4.Relicensure.The fee for relicensure is $105. The fee for practicing without
8.12current licensure is two times the amount of the current renewal fee for any part of the first
8.13calendar month, plus the current renewal fee for any part of each subsequent month up to
8.1424 months.
8.15 Subd. 5.Dishonored check fee.The service fee for a dishonored check is as provided
8.16in section 604.113.
8.17 Sec. 14. [148G.12] APPROVED MIDWIFERY EDUCATION PROGRAM.
8.18 Subdivision 1.Initial approval.An institution desiring to conduct a certified midwifery
8.19program must submit evidence to the board that the institution is prepared to:
8.20 (1) provide a program of theory and practice in certified midwifery leading to eligibility
8.21for certification in midwifery;
8.22 (2) achieve preaccreditation and eventual full accreditation by the American Commission
8.23for Midwifery Education or any successor organization recognized by the United States
8.24Department of Education or the Council for Higher Education Accreditation. Instruction
8.25and required experience may be obtained in one or more institutions or agencies outside
8.26the applying institution if the program retains accountability for all clinical and nonclinical
8.27teaching; and
8.28 (3) meet other standards established by law and by the board.
8.29 Subd. 2.Continuing approval.The board must, through the board's representative,
8.30annually survey all midwifery programs in the state for current accreditation status by the
8.31American Commission for Midwifery Education or any successor organization recognized
8.32by the United States Department of Education or the Council for Higher Education
8.33Accreditation. If the results of the survey show that a certified midwifery program meets
8Sec. 14.
REVISOR AGW/DG 25-0180401/16/25 9.1all standards for continuing accreditation, the board must continue approval of the certified
9.2midwifery program.
9.3 Subd. 3.Loss of approval.If the board determines that an accredited certified midwifery
9.4program is not maintaining the standards required by the American Commission on
9.5Midwifery Education or any successor organization, the board must obtain the defect in
9.6writing from the accrediting body. If a program fails to correct the defect to the satisfaction
9.7of the accrediting body and the accrediting body revokes the program's accreditation, the
9.8board must remove the program from the list of approved certified midwifery programs.
9.9 Subd. 4.Reinstatement of approval.The board must reinstate approval of a certified
9.10midwifery program upon submission of satisfactory evidence that the certified midwifery's
9.11program of theory and practice meets the standards required by the accrediting body.
9.12 Sec. 15. [148G.13] GROUNDS FOR DISCIPLINARY ACTION.
9.13 Subdivision 1.Grounds listed.The board may deny, revoke, suspend, limit, or condition
9.14the license of any person to practice certified midwifery under this chapter or otherwise
9.15discipline a licensee or applicant as described in section 148G.14. The following are grounds
9.16for disciplinary action:
9.17 (1) failure to demonstrate the qualifications or satisfy the requirements for a license
9.18contained in this chapter or rules of the board. In the case of a person applying for a license,
9.19the burden of proof is upon the applicant to demonstrate the qualifications or satisfaction
9.20of the requirements;
9.21 (2) employing fraud or deceit in procuring or attempting to procure a license to practice
9.22certified midwifery;
9.23 (3) conviction of a felony or gross misdemeanor reasonably related to the practice of
9.24certified midwifery. Conviction, as used in this subdivision, includes a conviction of an
9.25offense that if committed in this state would be considered a felony or gross misdemeanor
9.26without regard to its designation elsewhere, or a criminal proceeding where a finding or
9.27verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not
9.28entered;
9.29 (4) revocation, suspension, limitation, conditioning, or other disciplinary action against
9.30the person's certified midwife credential in another state, territory, or country; failure to
9.31report to the board that charges regarding the person's certified midwifery license,
9.32certification, or other credential are pending in another state, territory, or country; or failure
9Sec. 15.
REVISOR AGW/DG 25-0180401/16/25 10.1to report to the board having been refused a license or other credential by another state,
10.2territory, or country;
10.3 (5) failure or inability to practice as a certified midwife with reasonable skill and safety,
10.4or departure from or failure to conform to standards of acceptable and prevailing certified
10.5midwifery, including failure of a certified midwife to adequately supervise or monitor the
10.6performance of acts by any person working at the certified midwife's direction;
10.7 (6) engaging in unprofessional conduct, including but not limited to a departure from
10.8or failure to conform to statutes relating to certified midwifery practice or to the minimal
10.9standards of acceptable and prevailing certified midwifery practice, or engaging in any
10.10certified midwifery practice that may create unnecessary danger to a patient's life, health,
10.11or safety. Actual injury to a patient need not be established under this clause;
10.12 (7) supervision or accepting the supervision of a midwifery function or a prescribed
10.13health care function when the acceptance could reasonably be expected to result in unsafe
10.14or ineffective patient care;
10.15 (8) actual or potential inability to practice certified midwifery with reasonable skill and
10.16safety to patients by reason of illness; use of alcohol, drugs, chemicals, or any other material;
10.17or as a result of any mental or physical condition;
10.18 (9) adjudication as mentally incompetent, mentally ill, a chemically dependent person,
10.19or a person dangerous to the public by a court of competent jurisdiction, within or outside
10.20of this state;
10.21 (10) engaging in any unethical conduct, including but not limited to conduct likely to
10.22deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
10.23the health, welfare, or safety of a patient. Actual injury need not be established under this
10.24clause;
10.25 (11) engaging in conduct with a patient that is sexual or may reasonably be interpreted
10.26by the patient as sexual, in any verbal behavior that is seductive or sexually demeaning to
10.27a patient, or in sexual exploitation of a patient or former patient;
10.28 (12) obtaining money, property, or services from a patient, other than reasonable fees
10.29for services provided to the patient, through the use of undue influence, harassment, duress,
10.30deception, or fraud;
10.31 (13) revealing a privileged communication from or relating to a patient except when
10.32otherwise required or permitted by law;
10Sec. 15.
REVISOR AGW/DG 25-0180401/16/25 11.1 (14) engaging in abusive or fraudulent billing practices, including violations of federal
11.2Medicare and Medicaid laws or state medical assistance laws;
11.3 (15) improper management of patient records, including failure to maintain adequate
11.4patient records, to comply with a patient's request made pursuant to sections 144.291 to
11.5144.298, or to furnish a patient record or report required by law;
11.6 (16) knowingly aiding, assisting, advising, or allowing an unlicensed person to engage
11.7in the unlawful practice of certified midwifery;
11.8 (17) violating a rule adopted by the board, an order of the board, a state or federal law
11.9relating to the practice of certified midwifery, or a state or federal narcotics or controlled
11.10substance law;
11.11 (18) knowingly providing false or misleading information to a patient that is directly
11.12related to the care of that patient unless done for an accepted therapeutic purpose such as
11.13the administration of a placebo;
11.14 (19) aiding suicide or aiding attempted suicide in violation of section 609.215 as
11.15established by any of the following:
11.16 (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
11.17of section 609.215, subdivision 1 or 2;
11.18 (ii) a copy of the record of a judgment of contempt of court for violating an injunction
11.19issued under section 609.215, subdivision 4;
11.20 (iii) a copy of the record of a judgment assessing damages under section 609.215,
11.21subdivision 5; or
11.22 (iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
11.23The board must investigate any complaint of a violation of section 609.215, subdivision 1
11.24or 2;
11.25 (20) practicing outside the scope of certified midwifery practice as defined under section
11.26148G.03, subdivision 5;
11.27 (21) making a false statement or knowingly providing false information to the board,
11.28failing to make reports as required by section 148G.15, or failing to cooperate with an
11.29investigation of the board as required by section 148G.17;
11.30 (22) engaging in false, fraudulent, deceptive, or misleading advertising;
11.31 (23) failure to inform the board of the person's certification or recertification status as
11.32a certified midwife;
11Sec. 15.
REVISOR AGW/DG 25-0180401/16/25 12.1 (24) engaging in certified midwifery practice without a license and current certification
12.2or recertification by the American Midwifery Certification Board or any successor
12.3organization; or
12.4 (25) failure to maintain appropriate professional boundaries with a patient. A certified
12.5midwife must not engage in practices that create an unacceptable risk of patient harm or of
12.6the impairment of a certified midwife's objectivity or professional judgment. A certified
12.7midwife must not act or fail to act in a way that, as judged by a reasonable and prudent
12.8certified midwife, inappropriately encourages the patient to relate to the certified midwife
12.9outside of the boundaries of the professional relationship, or in a way that interferes with
12.10the patient's ability to benefit from certified midwife services. A certified midwife must not
12.11use the professional relationship with a patient, student, supervisee, or intern to further the
12.12certified midwife's personal, emotional, financial, sexual, religious, political, or business
12.13benefit or interests.
12.14 Subd. 2.Conviction of a felony-level criminal sexual offense.(a) Except as provided
12.15in paragraph (e), the board must not grant or renew a license to practice certified midwifery
12.16to any person who has been convicted on or after August 1, 2014, of any of the provisions
12.17of section 609.342, subdivision 1 or 1a; 609.343, subdivision 1 or 1a; 609.344, subdivision
12.181 or 1a, paragraphs (c) to (g); or 609.345, subdivision 1 or 1a, paragraphs (c) to (g); or a
12.19similar statute in another jurisdiction.
12.20 (b) A license to practice certified midwifery is automatically revoked if the licensee is
12.21convicted of an offense listed in paragraph (a).
12.22 (c) A license to practice certified midwifery that has been denied or revoked under this
12.23subdivision is not subject to chapter 364.
12.24 (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
12.25guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
12.26execution of the sentence and final disposition of the case is accomplished at a nonfelony
12.27level.
12.28 (e) The board may establish criteria whereby an individual convicted of an offense listed
12.29in paragraph (a) may become licensed if the criteria:
12.30 (1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
12.31 (2) provide a standard for overcoming the presumption; and
12.32 (3) require that a minimum of ten years has elapsed since the applicant's sentence was
12.33discharged.
12Sec. 15.
REVISOR AGW/DG 25-0180401/16/25 13.1 (f) The board must not consider an application under paragraph (e) if the board determines
13.2that the victim involved in the offense was a patient or a client of the applicant at the time
13.3of the offense.
13.4 Subd. 3.Evidence.In disciplinary actions alleging a violation of subdivision 1, clause
13.5(3) or (4), or 2, a copy of the judgment or proceeding under the seal of the court administrator
13.6or of the administrative agency that entered the same is admissible into evidence without
13.7further authentication and constitutes prima facie evidence of the violation concerned.
13.8 Subd. 4.Examination; access to medical data.(a) If the board has probable cause to
13.9believe that grounds for disciplinary action exist under subdivision 1, clause (8) or (9), it
13.10may direct the applicant or certified midwife to submit to a mental or physical examination
13.11or chemical dependency evaluation. For the purpose of this subdivision, when a certified
13.12midwife licensed under this chapter is directed in writing by the board to submit to a mental
13.13or physical examination or chemical dependency evaluation, that person is considered to
13.14have consented and to have waived all objections to admissibility on the grounds of privilege.
13.15Failure of the applicant or certified midwife to submit to an examination when directed
13.16constitutes an admission of the allegations against the applicant or certified midwife, unless
13.17the failure was due to circumstances beyond the person's control, and the board may enter
13.18a default and final order without taking testimony or allowing evidence to be presented. A
13.19certified midwife affected under this paragraph must, at reasonable intervals, be given an
13.20opportunity to demonstrate that the competent practice of certified midwifery can be resumed
13.21with reasonable skill and safety to patients. Neither the record of proceedings nor the orders
13.22entered by the board in a proceeding under this paragraph may be used against a certified
13.23midwife in any other proceeding.
13.24 (b) Notwithstanding sections 13.384, 144.651, and 595.02, or any other law limiting
13.25access to medical or other health data, the board may obtain medical data and health records
13.26relating to a certified midwife or applicant for a license without that person's consent if the
13.27board has probable cause to believe that grounds for disciplinary action exist under
13.28subdivision 1, clause (8) or (9). The medical data may be requested from a provider, as
13.29defined in section 144.291, subdivision 2, paragraph (h); an insurance company; or a
13.30government agency, including the Department of Human Services or Direct Care and
13.31Treatment. A provider, insurance company, or government agency must comply with any
13.32written request of the board under this subdivision and is not liable in any action for damages
13.33for releasing the data requested by the board if the data are released pursuant to a written
13.34request under this subdivision, unless the information is false and the provider giving the
13Sec. 15.
REVISOR AGW/DG 25-0180401/16/25 14.1information knew or had reason to believe the information was false. Information obtained
14.2under this subdivision is classified as private data on individuals as defined in section 13.02.
14.3 Sec. 16. [148G.14] FORMS OF DISCIPLINARY ACTION; AUTOMATIC
14.4SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.
14.5 Subdivision 1.Forms of disciplinary action.If the board finds that grounds for
14.6disciplinary action exist under section 148G.13, it may take one or more of the following
14.7actions:
14.8 (1) deny the license application or licensure renewal;
14.9 (2) revoke the license;
14.10 (3) suspend the license;
14.11 (4) impose limitations on the certified midwife's practice of certified midwifery, including
14.12but not limited to limitation of scope of practice or the requirement of practice under
14.13supervision;
14.14 (5) impose conditions on the retention of the license, including but not limited to the
14.15imposition of retraining or rehabilitation requirements or the conditioning of continued
14.16practice on demonstration of knowledge or skills by appropriate examination, monitoring,
14.17or other review;
14.18 (6) impose a civil penalty not exceeding $10,000 for each separate violation. The amount
14.19of the civil penalty must be fixed so as to deprive the certified midwife of any economic
14.20advantage gained by reason of the violation charged; to reimburse the board for the cost of
14.21counsel, investigation, and proceeding; and to discourage repeated violations;
14.22 (7) order the certified midwife to provide unremunerated service;
14.23 (8) censure or reprimand the certified midwife; or
14.24 (9) any other action justified by the facts in the case.
14.25 Subd. 2.Automatic suspension of license.(a) Unless the board orders otherwise, a
14.26license to practice certified midwifery is automatically suspended if:
14.27 (1) a guardian of a certified midwife is appointed by order of a court under sections
14.28524.5-101 to 524.5-502;
14.29 (2) the certified midwife is committed by order of a court under chapter 253B; or
14Sec. 16.
REVISOR AGW/DG 25-0180401/16/25 15.1 (3) the certified midwife is determined to be mentally incompetent, mentally ill,
15.2chemically dependent, or a person dangerous to the public by a court of competent
15.3jurisdiction within or outside of this state.
15.4 (b) The license remains suspended until the certified midwife is restored to capacity by
15.5a court and, upon petition by the certified midwife, the suspension is terminated by the
15.6board after a hearing or upon agreement between the board and the certified midwife.
15.7 Subd. 3.Temporary suspension of license.In addition to any other remedy provided
15.8by law, the board may, through its designated board member under section 214.10,
15.9subdivision 2, temporarily suspend the license of a certified midwife without a hearing if
15.10the board finds that there is probable cause to believe the certified midwife has violated a
15.11statute or rule the board is empowered to enforce and continued practice by the certified
15.12midwife would create a serious risk of harm to others. The suspension takes effect upon
15.13written notice to the certified midwife, served by first-class mail, specifying the statute or
15.14rule violated. The suspension must remain in effect until the board issues a temporary stay
15.15of suspension or a final order in the matter after a hearing or upon agreement between the
15.16board and the certified midwife. At the time it issues the suspension notice, the board must
15.17schedule a disciplinary hearing to be held under the Administrative Procedure Act. The
15.18board must provide the certified midwife at least 20 days' notice of any hearing held under
15.19this subdivision. The board must schedule the hearing to begin no later than 30 days after
15.20the issuance of the suspension order.
15.21 Subd. 4.Reissuance.The board may reinstate and reissue a license to practice certified
15.22midwifery, but as a condition may impose any disciplinary or corrective measure that it
15.23might originally have imposed. Any person whose license has been revoked, suspended, or
15.24limited may have the license reinstated and a new license issued when, at the discretion of
15.25the board, the action is warranted, provided that the board must require the person to pay
15.26the costs of the proceedings resulting in the revocation, suspension, or limitation of the
15.27license; the relicensure fee; and the fee for the current licensure period. The cost of
15.28proceedings includes but is not limited to the cost paid by the board to the Office of
15.29Administrative Hearings and the Office of the Attorney General for legal and investigative
15.30services; the costs of a court reporter and witnesses, reproduction of records, board staff
15.31time, travel, and expenses; and the costs of board members' per diem reimbursements, travel
15.32costs, and expenses.
15Sec. 16.
REVISOR AGW/DG 25-0180401/16/25 16.1 Sec. 17. [148G.15] REPORTING OBLIGATIONS.
16.2 Subdivision 1.Permission to report.A person who has knowledge of any conduct
16.3constituting grounds for discipline under section 148G.13 may report the alleged violation
16.4to the board.
16.5 Subd. 2.Institutions.The chief nursing executive or chief administrative officer of any
16.6hospital, clinic, prepaid medical plan, or other health care institution or organization located
16.7in this state must report to the board any action taken by the institution or organization or
16.8any of its administrators or committees to revoke, suspend, limit, or condition a certified
16.9midwife's privilege to practice in the institution, or as part of the organization, any denial
16.10of privileges, any dismissal from employment, or any other disciplinary action. The institution
16.11or organization must also report the resignation of any certified midwife before the conclusion
16.12of any disciplinary proceeding, or before commencement of formal charges, but after the
16.13certified midwife had knowledge that formal charges were contemplated or in preparation.
16.14The reporting described by this subdivision is required only if the action pertains to grounds
16.15for disciplinary action under section 148G.13.
16.16 Subd. 3.Licensed professionals.A person licensed by a health-related licensing board
16.17as defined in section 214.01, subdivision 2, must report to the board personal knowledge
16.18of any conduct the person reasonably believes constitutes grounds for disciplinary action
16.19under section 148G.13 by any certified midwife, including conduct indicating that the
16.20certified midwife may be incompetent, may have engaged in unprofessional or unethical
16.21conduct, or may be mentally or physically unable to engage safely in the practice of certified
16.22midwifery.
16.23 Subd. 4.Insurers.(a) By the first day of February, May, August, and November, each
16.24insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13),
16.25and providing professional liability insurance to certified midwives must submit to the board
16.26a report concerning any certified midwife against whom a malpractice award has been made
16.27or who has been a party to a settlement. The report must contain at least the following
16.28information:
16.29 (1) the total number of settlements or awards;
16.30 (2) the date a settlement or award was made;
16.31 (3) the allegations contained in the claim or complaint leading to the settlement or award;
16.32 (4) the dollar amount of each malpractice settlement or award and whether that amount
16.33was paid as a result of a settlement or of an award; and
16Sec. 17.
REVISOR AGW/DG 25-0180401/16/25 17.1 (5) the name and address of the practice of the certified midwife against whom an award
17.2was made or with whom a settlement was made.
17.3 (b) An insurer must also report to the board any information it possesses that tends to
17.4substantiate a charge that a certified midwife may have engaged in conduct in violation of
17.5this chapter.
17.6 Subd. 5.Courts.The court administrator of district court or another court of competent
17.7jurisdiction must report to the board any judgment or other determination of the court that
17.8adjudges or includes a finding that a certified midwife is a person who is mentally ill,
17.9mentally incompetent, chemically dependent, dangerous to the public, guilty of a felony or
17.10gross misdemeanor, guilty of a violation of federal or state narcotics laws or controlled
17.11substances act, guilty of operating a motor vehicle while under the influence of alcohol or
17.12a controlled substance, or guilty of an abuse or fraud under Medicare or Medicaid; or if the
17.13court appoints a guardian of the certified midwife under sections 524.5-101 to 524.5-502
17.14or commits a certified midwife under chapter 253B.
17.15 Subd. 6.Deadlines; forms.Reports required by subdivisions 2 to 5 must be submitted
17.16no later than 30 days after the occurrence of the reportable event or transaction. The board
17.17may provide forms for the submission of reports required by this section, may require that
17.18the reports be submitted on the forms provided, and may adopt rules necessary to ensure
17.19prompt and accurate reporting. The board must review all reports, including those submitted
17.20after the deadline.
17.21 Subd. 7.Failure to report.Any person, institution, insurer, or organization that fails to
17.22report as required under subdivisions 2 to 6 is subject to civil penalties for failing to report
17.23as required by law.
17.24Sec. 18. [148G.16] IMMUNITY.
17.25 Subdivision 1.Reporting.Any person, health care facility, business, or organization is
17.26immune from civil liability or criminal prosecution for submitting in good faith a report to
17.27the board under section 148G.15 or for otherwise reporting in good faith to the board
17.28violations or alleged violations of this chapter. All such reports are investigative data as
17.29defined in chapter 13.
17.30 Subd. 2.Investigation.(a) Members of the board and persons employed by the board
17.31or engaged in the investigation of violations and in the preparation and management of
17.32charges of violations of this chapter on behalf of the board, or persons participating in the
17.33investigation or testifying regarding charges of violations, are immune from civil liability
17Sec. 18.
REVISOR AGW/DG 25-0180401/16/25 18.1and criminal prosecution for any actions, transactions, or publications in the execution of,
18.2or relating to, their duties under this chapter.
18.3 (b) Members of the board and persons employed by the board or engaged in maintaining
18.4records and making reports regarding adverse health care events are immune from civil
18.5liability and criminal prosecution for any actions, transactions, or publications in the
18.6execution of, or relating to, their duties under this chapter.
18.7 Sec. 19. [148G.17] CERTIFIED MIDWIFE COOPERATION.
18.8 A certified midwife who is the subject of an investigation by or on behalf of the board
18.9must cooperate fully with the investigation. Cooperation includes responding fully and
18.10promptly to any question raised by or on behalf of the board relating to the subject of the
18.11investigation and providing copies of patient or other records in the certified midwife's
18.12possession, as reasonably requested by the board, to assist the board in its investigation and
18.13to appear at conferences and hearings scheduled by the board. The board must pay for copies
18.14requested. If the board does not have written consent from a patient permitting access to
18.15the patient's records, the certified midwife must delete any data in the record that identify
18.16the patient before providing it to the board. The board must maintain any records obtained
18.17pursuant to this section as investigative data under chapter 13. The certified midwife must
18.18not be excused from giving testimony or producing any documents, books, records, or
18.19correspondence on the grounds of self-incrimination, but the testimony or evidence must
18.20not be used against the certified midwife in any criminal case.
18.21Sec. 20. [148G.18] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
18.22 Upon judicial review of any board disciplinary action taken under this chapter, the
18.23reviewing court must seal the administrative record, except for the board's final decision,
18.24and must not make the administrative record available to the public.
18.25Sec. 21. [148G.19] EXEMPTIONS.
18.26 The provisions of this chapter do not prohibit:
18.27 (1) the furnishing of certified midwifery assistance in an emergency;
18.28 (2) the practice of certified midwifery by any legally qualified certified midwife of
18.29another state who is employed by the United States government or any bureau, division, or
18.30agency thereof while in the discharge of official duties;
18Sec. 21.
REVISOR AGW/DG 25-0180401/16/25 19.1 (3) the practice of any profession or occupation licensed by the state, other than certified
19.2midwifery, by any person licensed to practice the profession or occupation, or the
19.3performance by a person of any acts properly coming within the scope of the profession,
19.4occupation, or license;
19.5 (4) the practice of traditional midwifery as specified under section 147D.03;
19.6 (5) certified midwifery practice by a student practicing under the supervision of an
19.7instructor while the student is enrolled in an approved certified midwifery education program;
19.8or
19.9 (6) certified midwifery practice by a certified midwife licensed in another state, territory,
19.10or jurisdiction who is in Minnesota temporarily:
19.11 (i) providing continuing or in-service education;
19.12 (ii) serving as a guest lecturer;
19.13 (iii) presenting at a conference; or
19.14 (iv) teaching didactic content via distance education to a student located in Minnesota
19.15who is enrolled in a formal, structured course of study, such as a course leading to a higher
19.16degree in midwifery.
19.17Sec. 22. [148G.20] VIOLATIONS; PENALTY.
19.18 Subdivision 1.Violations described.It is unlawful for any person, corporation, firm,
19.19or association to:
19.20 (1) sell or fraudulently obtain or furnish any certified midwifery diploma, license, or
19.21record, or aid or abet therein;
19.22 (2) practice certified midwifery under cover of any diploma, permit, license certified
19.23midwife credential, or record illegally or fraudulently obtained or signed or issued unlawfully
19.24or under fraudulent representation;
19.25 (3) practice certified midwifery unless the person is licensed to do so under this chapter;
19.26 (4) use the professional title certified midwife or licensed certified midwife unless
19.27licensed to practice certified midwifery under this chapter;
19.28 (5) use any abbreviation or other designation tending to imply licensure as a certified
19.29midwife unless licensed to practice certified midwifery under this chapter;
19.30 (6) practice certified midwifery in a manner prohibited by the board in any limitation
19.31of a license issued under this chapter;
19Sec. 22.
REVISOR AGW/DG 25-0180401/16/25 20.1 (7) practice certified midwifery during the time a license issued under this section is
20.2suspended or revoked;
20.3 (8) knowingly employ persons in the practice of certified midwifery who have not been
20.4issued a current license to practice as a certified midwife in this state; or
20.5 (9) conduct a certified midwifery program for the education of persons to become certified
20.6midwives unless the program has been approved by the board.
20.7 Subd. 2.Penalty.Any person, corporation, or association violating any provision of
20.8subdivision 1 is guilty of a gross misdemeanor and must be punished according to law.
20.9 Subd. 3.Penalty; certified midwives.In addition to subdivision 2, a certified midwife
20.10who practices certified midwifery without a current license and certification or recertification,
20.11or without current certification or recertification on file with the board, is subject to the
20.12applicable penalties in section 148G.11.
20.13Sec. 23. [148G.21] UNAUTHORIZED PRACTICE OF MIDWIFERY.
20.14 The practice of certified midwifery by any person who is not licensed to practice certified
20.15midwifery under this chapter, or whose license has been suspended or revoked, or whose
20.16national certification credential has expired, is inimical to the public health and welfare and
20.17constitutes a public nuisance. Upon a complaint being made by the board or any prosecuting
20.18officer, and upon a proper showing of the facts, the district court of the county where such
20.19practice occurred may enjoin such acts and practice. The injunction proceeding is in addition
20.20to, and not in lieu of, all other penalties and remedies provided by law.
20.21Sec. 24. Minnesota Statutes 2024, section 151.01, subdivision 23, is amended to read:
20.22 Subd. 23.Practitioner."Practitioner" means a licensed doctor of medicine, licensed
20.23doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
20.24dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, licensed
20.25advanced practice registered nurse, licensed certified midwife, or licensed physician assistant.
20.26For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision
20.273; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental
20.28therapist authorized to dispense and administer under chapter 150A. For purposes of sections
20.29151.252, subdivision 3, and 151.461, "practitioner" also means a pharmacist authorized to
20.30prescribe self-administered hormonal contraceptives, nicotine replacement medications, or
20.31opiate antagonists under section 151.37, subdivision 14, 15, or 16, or authorized to prescribe
20Sec. 24.
REVISOR AGW/DG 25-0180401/16/25 21.1drugs to prevent the acquisition of human immunodeficiency virus (HIV) under section
21.2151.37, subdivision 17.
21.3 Sec. 25. Minnesota Statutes 2024, section 152.12, subdivision 1, is amended to read:
21.4 Subdivision 1.Prescribing, dispensing, administering controlled substances in
21.5Schedules II through V.A licensed doctor of medicine, a doctor of osteopathic medicine,
21.6duly licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine,
21.7a licensed doctor of podiatry, a licensed advanced practice registered nurse, a licensed
21.8certified midwife, a licensed physician assistant, or a licensed doctor of optometry limited
21.9to Schedules IV and V, and in the course of professional practice only, may prescribe,
21.10administer, and dispense a controlled substance included in Schedules II through V of section
21.11152.02, may cause the same to be administered by a nurse, an intern or an assistant under
21.12the direction and supervision of the doctor, and may cause a person who is an appropriately
21.13certified and licensed health care professional to prescribe and administer the same within
21.14the expressed legal scope of the person's practice as defined in Minnesota Statutes.
21.15Sec. 26. Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
21.16to read:
21.17 Subd. 28c.Certified midwifery practice services.Medical assistance covers services
21.18performed by a licensed certified midwife if:
21.19 (1) the service provided on an inpatient basis is not included as part of the cost for
21.20inpatient services included in the facility payment;
21.21 (2) the service is otherwise covered under this chapter as a physician service; and
21.22 (3) the service is within the scope of practice of the certified midwife's license as defined
21.23under chapter 148G.
21.24Sec. 27. EFFECTIVE DATE.
21.25 This act is effective July 1, 2026.
21Sec. 27.
REVISOR AGW/DG 25-0180401/16/25