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ENGROSSED SENATE
BILL NO. 405 By: Stanley of the Senate
and
Roe of the House
An Act relating to midwifery; amending Section 5,
Chapter 40, O.S.L. 2020 (59 O.S. Su pp. 2020, Section
3040.5), which relates to the Advisory Committee on
Midwifery; clarifying appointment procedure and terms
of members; removing inapplicable reference; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY Section 5, Chapter 40, O.S.L. 2020
(59 O.S. Supp. 2020, Section 3040.5), is amended to read as follows:
Section 3040.5. A. There is hereby created, to continue until
July 1, 2026, in accordance with the provisions of the Oklahoma
Sunset Law, an Advisory Committee on M idwifery, which shall consist
of seven (7) voting members to be appointed by the State
Commissioner of Health as follows:
1. Three licensed midwives, each of whom has at least three (3)
years of experience in the practice o f midwifery;
2. One Certified Nurse-Midwife;
3. One physician who is certified by a nation al professional
organization of physic ians that certifies obstetricians and
gynecologists and supports the practice of mid wifery;
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4. One physician who is certified by a national professional
organization of physicians that certifies family practitioners o r
pediatricians and supports the pract ice of midwifery; and
5. One member of the general public who is not practicing or
trained in a health care profession, and w ho is a parent with at
least one child born with the assistance of a licensed midwife or a
Certified Nurse-Midwife.
B. Members of the Committee shall serve for staggered terms of
six (6) years. The terms of three members shall expire on January
31 of each odd-numbered year be divided into three classes. The
initial terms of the first c lass shall expire on January 31, 2023,
and subsequent terms shall expire on January 31 of each sixth year
thereafter. The initial terms of the second class shall expire on
January 31, 2025, and subsequent terms shall expire on January 31 of
each sixth year thereafter. The initial terms of the third class
shall expire on January 31, 2027, and subsequent terms shall expire
on January 31 of each sixth year thereafter. Members shall serve
until a qualified successor has been duly appointed. The
Commissioner shall fill a vacancy no later than sixty (60 ) days from
the date the vacancy occurs. No person shall be appointed to serve
more than two (2) consecutive terms.
C. The Committee shall annually elect a c hair and vice-chair
from among its members.
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D. The Committee shall meet at least semiannually an d at any
other time at the call of the chair or the Commissioner.
E. The Committee shall meet in accordance with the Oklahoma
Open Meeting Act.
F. A majority of the members of the Committee including at
least two licensed midwives, shall constitute a quo rum for the
conduct of Committee business.
G. 1. The Committee shall advise the Co mmissioner on all
matters pertaining to mid wifery including but not limited to:
a. scope and standards of practice,
b. licensure requirements, examination requirements,
exceptions thereto, renewal requirements, temporary
licensure and endorsement or recipr ocity requirements,
c. methods and requirem ents for ensuring the continued
competence of licensed and registered persons,
including the type of courses and number of hours
required to meet the basic midwifery education course
and continuing midwifery educa tion course
requirements, and instructors o r facilities used in
the basic and continuing education requirements,
d. procedures for reporting of outcomes including, but
not limited to, live births and fetal, newborn or
maternal deaths,
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e. grounds for reporting and processing complaints,
violations, probation, revocation or suspens ion of
license or reinstatement provisions, and
f. all other matters which may pertain to the pra ctice of
midwifery.
2. The Committee shall review and make recommendations to the
Commissioner on all applications for licensu re.
3. The Committee shall assi st and advise the Commissioner in
all hearings related to the enforcement of Shepherd ’s Law. The
Committee shall review all complaints and make recommendations to
the Commissioner on appropriate disciplinary action includin g, but
not limited to, administr ative fines, license revocation and license
suspension.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives t he ____ day of __________,
2021.
Presiding Officer of the House
of Representatives