An Act
ENROLLED 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. Supp. 2020, Section
3040.5), which relates to the Advisory Committee on
Midwifery; clarifying appointment procedure and terms
of members; removing inapplicable reference; amending
Section 9, Chapter 40, O.S.L. 2020 (59 O.S. Supp.
2020, Section 3040.9) , which relates to violations;
providing for investigation; providing for
confidentiality of investigative records; amending
Section 13, Chapter 40, O.S.L. 2020 (59 O.S. Supp.
2020, Section 3040.13), which relates to state roster
of licensed midwives; prohibiting submission of
certain information; providing for purpose of certain
confidential records; and providing an effective
date.
SUBJECT: Advisory Committee on Midwifery
BE IT ENACTED BY THE PEOPLE OF THE STATE OF 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 pro visions of the Oklahoma
Sunset Law, an Advisory Committee on Midwifery, which shall consist
ENR. S. B. NO. 405 Page 2
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 of midwifery;
2. One Certified Nurse -Midwife;
3. One physician who is certified by a national professional
organization of physicians that certifies obstetricians and
gynecologists and supports the practice of midwifery;
4. One physician who is certified by a national professional
organization of physicians that certifies family practitioners or
pediatricians and supports the practice of midwifery; and
5. One member of the general public who is not practicing or
trained in a health care profession, and who is a parent with at
least one child born with the assis tance 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 sha ll expire on January
31 of each odd-numbered year be divided into three classes. The
initial terms of the first class shall expire on January 31, 2023,
and subsequent terms shall expire on January 31 of each sixth year
thereafter. The initial terms of th e second class shall expire on
January 31, 2025, and subsequent terms shall expire on J anuary 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 a ppointed. 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 chair and vice -chair
from among its members.
D. The Committee shall meet at least semiannually and at any
other time at the call of the chair or the Commissioner.
ENR. S. B. NO. 405 Page 3
E. The Committee shall meet in accordance with the Oklahoma
Open Meeting Act.
F. A majority of the members of th e Committee, including at
least two licensed midwives, shall constitute a quorum for the
conduct of Committee business.
G. 1. The Committee shall advise the Commissioner o n all
matters pertaining to midwifery 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 reciprocity requir ements,
c. methods and requirements 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 education course
requirements, and instructors or facilities used in
the basic and continuing ed ucation requirements,
d. procedures for reporting of outcomes including, but
not limited to, live births and fetal, newborn or
maternal deaths,
e. grounds for reporting and proc essing complaints,
violations, probation, revocation or suspension of
license or reinstatement provisions, and
f. all other matters which may pertain to the practice of
midwifery.
2. The Committee shall review and make recommendations to the
Commissioner on all applications for licensure.
3. The Committee shall assist and advi se 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 appropria te disciplinary action including, but
ENR. S. B. NO. 405 Page 4
not limited to, administrative fines , license revocation and license
suspension.
SECTION 2. AMENDATORY Section 9, Chapter 40, O.S.L. 2020
(59 O.S. Supp. 2020, Section 3040.9), is amended to read as follows:
Section 3040.9. A. Effective July 1, 2021, any person who
holds himself or herself out to be, represents himself or herself to
be or uses the title of Certified Professional Midwife or Certified
Midwife, without holding a license issued by th e State Commissioner
of Health, or who is in violation of any provision of Shepherd's Law
shall be subject to an administrative fine for each day found to be
in violation. The amount of any fine shall be determined by the
Commissioner within limits set by the Commissioner pursuant to rules
adopted and promulgated by the Comm issioner and may be in addition
to any other penalty provided by the Commissioner or otherwise
provided by law.
B. The Advisory Committee on Midwifery may cause to be
investigated all reported violations of Shepherd’s Law. Information
obtained during investigations of possible violations of Shepherd’s
Law shall be kept confidential but may be introduced by the State
Department of Health in proceedings before the Committee, whereupon
the information admitted shall become public record. Public records
maintained by the Department shall be administrative records, not
civil or criminal records.
C. Confidential investigative records shall not be subject to
discovery or subpoena in any civi l or criminal proceeding; provided,
however, the Committee may give s uch information to law enforcement
and other state agencies as necessary and appropriate in the
discharge of the duties of that agency and only under circumstances
that ensure against una uthorized access to the confidential
investigative records.
SECTION 3. AMENDATORY Section 13, Chapter 40, O.S.L.
2020 (59 O.S. Supp. 2020, Section 3040.13), is amended to read as
follows:
Section 3040.13. A. The State Department of Health shall
maintain a roster of each person licensed as a midwi fe in this
state. The roster shall contain for each licensed midwife the
ENR. S. B. NO. 405 Page 5
information required on the informed choice and disclosure statement
under Section 10 3040.10 of this act title and other information the
Department determines necessary to accuratel y identify each licensed
midwife. The roster shall be a public document available under the
Oklahoma Open Records Act.
B. The Department shall provide each county clerk and each
local registrar of births in a county with the name of each midwife
practicing in the county.
C. Any data required to be submitted to the Department pursuant
to Shepherd’s Law shall not contain any personally identifying
information of the client by the midwife and shall be considered
confidential records collected for statisti cal information purposes
only.
SECTION 4. This act shall become effective November 1, 2021.
ENR. S. B. NO. 405 Page 6
Passed the Senate the 27th day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 20th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __