CHAPTER Mid 400
CONTINUED STATUS
PART Mid 401
DEFINITIONS
Mid
401.01 Definitions. In this part, the following terms shall have
the following meanings:
(a) "Active practice" means the
practice of midwifery as defined in RSA 326-D:2 V;
(b) "Contact hour" means a unit of
measure of continuing professional education or professional activity;
(c) "Continuing professional education or
activity" means structured courses, activities, and experiences beyond
entry-level professional preparation that are designed to provide advanced or
enhanced knowledge in the field of midwifery;
(d) "Distance-learning" means
participation in continuing education described in Mid 405.02 through
self-study online computer courses and correspondence courses;
(e) “Intrapartum” means the period from the onset
of labor to its termination with the delivery of the placenta;
(f) “Maternal mortality” means death of the
client during pregnancy or within 6 weeks of birth;
(g) “Medical backup” means specific arrangements
for on call coverage with another midwife or licensed health care provider
whose scope of practice includes birth;
(h) "Midwifery-related field" means any
of the following fields: women's health, maternal-newborn nursing, counseling,
nutrition, pregnancy, childbirth, postpartum care, breastfeeding, newborn care,
pharmacology, herbology, and homeopathy;
(i) “Neonatal mortality” means fetal demise at or after 20
weeks’ gestation or death of the baby up to 6 weeks of age. The term includes “fetal mortality”;
(j) “Neonatal resuscitation program (NRP)” means
a course of study in the prevention and treatment of neonatal respiratory
depression which is cosponsored by the American Academy of Pediatrics and the
American Heart Association;
(k) "Peer review” means the confidential
presentation in a meeting of at least 3 midwives of a midwifery case of
educational value with respect to medical, obstetrical, gynecological,
psychosocial, or neonatal matters, together with a confidential discussion
about the case; and
(l) "Significant morbidity" means an
illness, injury, or morbidity to the newborn or mother up to 6 weeks after
birth, which is or is not captured by hospitalization, that is directly related
to pregnancy, birth, or postpartum.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16; ss by #13611, eff 6-13-23
PART Mid 402
RENEWAL AND LAPSE OF CERTIFICATES
Mid
402.01 Term of Certificates; Lapse of Certificates.
(a) An initial or renewed certificate to practice
midwifery shall be valid for 2 years if application for its renewal is made
timely and completely in accordance with these rules.
(b) Pursuant to RSA 326-D:11, if a renewal
application is made timely and completely, the certificate to be renewed shall
not lapse until the council has taken final action upon the application.
(c) If a renewal application is not made timely
and completely and therefore the midwifery council cannot take
action on it before the expiration date of the certificate to be
renewed:
(1) The
certificate to be renewed shall lapse; and
(2) The midwife
shall not practice until:
a. The
certificate has been reinstated pursuant to Mid 403; or
b. The midwife
has been newly certified in accordance with the procedures and eligibility
standards set out in Mid 300.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
402.02 Eligibility for Renewed
Certificate. The midwifery council
shall issue a renewed certificate to practice midwifery if the applicant:
(a) Has complied with the renewal application
process of Mid 402.03;
(b) Has completed the continuing education
required by Mid 405 within the 26-month period just preceding the date of
expiration shown on the certificate being renewed and has not had any of such
continuing education credited to a previous application for renewal;
(c) Has participated in at least 6 peer reviews
within the 2-year period since issuance of the certificate being renewed,
including at least one in which the applicant presented a case for peer review;
(d) Is currently certified by the American Heart
Association or the American Red Cross in adult and infant and child cardiopulmonary
resuscitation;
(e) Holds a current certificate as a provider of
neonatal resuscitation which shows that the applicant has successfully
completed at least the following modules of the NRP course:
(1)
Introduction to the program;
(2) Initial
steps in resuscitation;
(3) Use of a
resuscitation bag and mask; and
(4) Chest compressions;
(f) Has not been convicted of a crime involving
theft or physical or emotional injury to others;
(g) Has no mental or physical condition that
might discredit the renewal applicant as a midwife, or prevent the renewal
applicant from meeting the requirements of RSA 326-D and the midwifery
council's administrative rules;
(h) Has made arrangements
for medical back-up to support the renewal applicant’s practice; and
(i) Has made arrangements for:
(1) Prenatal
laboratory testing;
(2) Newborn metabolic
screening; and
(3) Any
necessary administration of Rh(D) immune globulin.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
402.03 Application Process for Certificate
Renewal. Any midwife wishing to
renew a certificate shall submit the following materials to the midwifery
council no later than 30 days before the date of expiration shown on the
certificate being renewed:
(a) The completed renewal application form
provided by the midwifery council;
(b) The supporting documentation described in Mid
402.07; and
(c) The renewal fee specified by Mid 306.03.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
402.04 Application Review and
Notification Procedure.
(a) Upon receipt of an application for
certificate renewal the midwifery council shall:
(1) Review the
application form and supporting documentation for legibility and completeness;
(2) Determine
whether additional information or documentation is required to clarify the
application or determine whether the applicant meets the qualifications for
certificate renewal; and
(3) Notify the
applicant in writing within 20 days of any deficiencies in the application or
the council's need for additional information or documentation.
(b) An application for certificate renewal shall
be deemed complete on the date the midwifery council has received the materials
required by Mid 402.03 and any additional materials
requested under (a) (3) above.
(c) If the application is complete by the
expiration date of the certificate being renewed, the midwifery council shall:
(1) Issue a
renewed certificate showing the date of its expiration, after ascertaining that
the check in payment of the renewal fee has cleared; or
(2) Advise the
renewal applicant in writing of:
a. Its intent
to deny renewal of certification and reimburse any renewal fee already paid;
and
b. The renewal
applicant's right to challenge the midwifery council's intent to deny renewal
certification through a hearing pursuant to Mid 200.
(d) A renewal applicant who has received notice
of the midwifery council's intent to deny renewal of certification shall have
the right to challenge the council's intent through a due process hearing if
the applicant requests such a hearing within 60 days.
(e) All applications for certificate renewal
shall be kept as part of the permanent records of the midwifery council.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
402.05 Application Form for Renewal
of Certificate.
(a) An applicant for renewal of certification
shall:
(1) Complete
the “Renewal of Midwifery Certificate” application form, effective 10/2016,
furnished by the midwifery council electronically or legibly in ink;
(2) Complete
all sections of the renewal application form or designate them as not applicable;
(3) Date the
renewal application form; and
(4) Sign the
renewal application form in compliance with (b) below.
(b) An applicant for renewal of certification
shall:
(1) Place his
or her signature below the following statement preprinted on the renewal
application form:
"The information provided on the renewal
application form and the documentation provided to support the renewal
application are, to the best of my knowledge and belief, true, accurate,
complete and unaltered. I acknowledge
that, pursuant to RSA 641:3, the knowing making of a false statement on the
renewal application form is punishable as a misdemeanor"; and
(2) Place the
date next to his or her signature.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
402.06 Effect of Signature. The effect of the signature required by Mid
402.05 (b) shall be that the applicant for renewal of certification:
(a) States that, to the best of his or her
knowledge and belief, the information provided on the renewal application form
and the documentation provided to support the renewal application are accurate,
complete and unaltered; and
(b) Acknowledges that, pursuant to RSA 641:3, the
intentional making of a false statement on the renewal application form is
punishable as a misdemeanor.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
402.07 Documentation Required to
Support an Application for Renewal of Certificate. Applicants for
certificate renewal shall submit the following:
(a) Documentation in accordance with Mid 406 of
the completion of 20 contact hours of continuing education;
(b) A statement for each peer review in which the
renewal applicant either participated or presented a case for review since the
applicant was last issued an initial or renewal certificate, containing the following
information:
(1) The renewal
applicant's name;
(2) The date of
the peer review meeting;
(3) The name of
the midwife presenting the midwifery case for peer review;
(4) The topic
of the case presented for peer review;
(5) Whether
attendance was recorded in minutes of the peer review meeting; and
(6) If
attendance was not recorded in minutes of the meeting, the names of at least 2
other participating midwives;
(c) A copy or copies of:
(1) The front
and back of the renewal applicant’s current certificate in basic life skills
for healthcare providers issued by the American Heart Association; or
(2) The front
and back of the renewal applicant's current certificate in adult
cardiopulmonary resuscitation issued by the American Red Cross and of the
renewal applicant's current certificate in infant and child cardiopulmonary
resuscitation issued by the American Red Cross;
(d) A copy of the front and back of the
applicant’s current NRP provider card; and
(e) If applicable, a notarized affidavit disclosing
criminal convictions occurring since the applicant last submitted
an application for initial or renewal certification.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
PART Mid 403
REINSTATEMENT OF CERTIFICATION
Mid
403.01 Definitions. In Mid 403 the following terms have the
following meanings:
(a) “Certified nurse-midwife (CNM)” means a
registered nurse who has graduated from a nurse-midwifery education program
accredited by the ACNM Division of Accreditation and has passed a national
examination to become professionally designated as a CNM by the ACNM
Certification Council;
(b) “Prenatal” means during the period of time
between conception and the onset of labor;
(c) “Postpartum” means occurring after childbirth;
(d) "Primary midwife" means the
midwife:
(1) With whom
the client contracts to provide care; and
(2) Who assumes
primary responsibility for the health of the mother, the fetus, and the
newborn; and
(e) “Regulating” means certifying or licensing by
a state which oversees its midwives.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.02 Recertification After
Expiration of Certificate.
(a) The midwifery council shall reinstate a certificate
after its lapse:
(1) In
accordance with Mid 403.03 if the certificate expired:
a. No more than
90 days before the application for recertification; and
b. The certificate lapsed when the midwife failed to
apply timely and completely for renewal because of one of the hardships listed
in Mid 403.03(a);
(2) In
accordance with Mid 403.04 if the midwife's certificate has been expired for no
more than 3 consecutive years and the midwife is unable to meet the
requirements of Mid 403.03; and
(3) In
accordance with Mid 403.06 if the midwife's certificate has been expired for
more than 3 consecutive years but fewer than 12 consecutive years.
(b) The midwifery council shall not reinstate a
certification expired for more than 12 years.
(c) A person whose certificate has been expired
for more than 12 years shall be re-admitted to the practice of midwifery only
if:
(1) He or she
meets the standards for initial certification based on:
a. The
qualifications set forth in Mid 303; or
b. Reciprocity
as set forth in Mid 305; and
(2) Follows the
application procedures set forth in Mid 302.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.03 Recertification After Maximum
90 Day Lapse of Certificate Because of Hardship. The midwifery council shall reinstate a
certificate expired no more than 90 days if:
(a) The failure to apply timely and completely
for renewal of recertification resulted from one of the following circumstances
of hardship:
(1) Illness or
injury sufficiently serious to prevent the midwife from engaging in his or her
usual work for at least 2 consecutive weeks;
(2) Illness in
the midwife's household or in the midwife's immediate family sufficiently
serious to prevent the midwife from engaging in his or her usual work for at
least 2 consecutive weeks;
(3) Death in
the midwife's household or of a member of her immediate family;
(4) Active
military duty; or
(5) The
destruction by fire, flood, or other accidental or natural disaster of:
a. Continuing
education records; or
b. Other
materials required by Mid 402.07 to be submitted with
a renewal application;
(b) The midwife is eligible under Mid 402.02 for
renewal of certification; and
(c) The midwife, within 90 days immediately
following the expiration of the certificate:
(1) Completes
the renewal process set forth in Mid 402.03; and
(2) Makes a
written request for recertification based on one of the reasons set forth in (a)
above.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.04 Recertification of Midwives
When the Certificate Has Been Expired for No More Than 3 Consecutive Years.
(a) For midwives not eligible for recertification
under Mid 403.03, the midwifery council shall reinstate a certificate if the
applicant for recertification:
(1) Meets the
recency of practice requirement set forth in (b) below;
(2) Complies
with the maintenance of competence requirements set forth in (c) below;
(3) Is prepared
for practice as required by (d) below; and
(4) Follows the
application procedures set forth in (e) below.
(b) The recency of practice requirement shall be:
(1) The expiration
of the New Hampshire certificate no more than 3 years preceding the application
for recertification; or
(2) The
practice of midwifery in another state regulating the practice of midwifery
within the 3 years just preceding the application for recertification.
(c) Maintenance of competence requirements shall
be:
(1) Completion
of the continuing education required by Mid 405 within the 24 months just
preceding the application for recertification; and
(2)
Participation in at least 6 peer reviews within the 24 months just
preceding the application for recertification.
(d) Preparation for practice requirements shall
consist in:
(1) Current
certification by the American Heart Association or the American Red Cross in
adult cardiopulmonary resuscitation and in infant and child cardiopulmonary resuscitation;
(2) Current
certification as a provider of neonatal resuscitation who has successfully completed
at least the following modules of the NRP course:
a. Introduction
to the program;
b. Initial
steps in resuscitation;
c. Use of a
resuscitation bag and mask; and
d. Chest compressions;
(3) No
conviction of a crime involving theft or physical or emotional injury to others
since the midwife was last certified;
(4) No mental
or physical condition that might prevent her or him from meeting the
requirements of RSA 326-D and the midwifery council's administrative rules;
(5) Having
current arrangements for medical back-up to support her or his midwifery
practice; and
(6) Having
current arrangements for:
a. Prenatal
laboratory testing;
b. Newborn
metabolic screening; and
c. Any
necessary administration of Rh(D) immune globulin.
(e) Application procedures shall be:
(1) Submission
of the completed recertification application form described in Mid 403.05; and
(2) Submitting,
or arranging for the submission of, the following materials:
a. If the
recertification applicant practiced in another state regulating the practice of
midwifery during the lapse of the New Hampshire certificate:
1. A photocopy
of the front and back of each license or certificate authorizing the practice
of midwifery issued by such other state, whether or not
still in effect; and
2. An official
letter of verification sent directly to the council from each such state
indicating whether:
i. The
authorization is or was, during its period of validity, in good standing, and
ii. Any
disciplinary action taken against the applicant;
b.
Documentation in accordance with Mid 406 of the completion of 20 contact
hours of continuing education within the 24 months just preceding the
application for recertification;
c. A statement
for each peer review in which the midwife, within 24 months just preceding the
submission of the application for recertification, either participated in the
review or presented a case for review, including;
1. The
midwife's name;
2. The date of
the peer review meeting;
3. The name of
the midwife presenting the midwifery case for peer review;
4. The topic of
the case presented for peer review;
5. Whether
attendance was recorded in minutes of the peer review meeting; and
6. If
attendance was not recorded in minutes of the meeting, the names of at least 2
other participating midwives;
d. A copy of:
1. The front and back of the midwife's current
cardiopulmonary resuscitation certificate, known as basic life skills for
healthcare providers, issued by the American Heart Association; or
2. The front
and back of the midwife's current certificate in adult cardiopulmonary
resuscitation issued by the American Red Cross together with the midwife's
current certificate in infant and child cardiopulmonary resuscitation issued by
the American Red Cross;
e. A copy of
the front and back of the midwife's current NRP provider card; and
f. If
applicable, a notarized affidavit disclosing criminal convictions occurring
since the midwife was last certified.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.05 Application Form for
Recertification After Lapse of the Certificate to Practice Midwifery.
(a) An applicant for recertification after lapse
of his or her certificate shall:
(1) Legibly
complete the “Recertification After Lapse of the Certificate to Practice
Midwifery” application form, effective 10/2016, furnished by the midwifery council;
(2) Complete
all sections of the recertification application form or designate them as not applicable;
(3) Date the
recertification application form; and
(4) Sign the
recertification application form in accordance with (b) below.
(b) An applicant for recertification shall:
(1) Place his
or her signature below the following statement preprinted on the
recertification application form:
"The information provided on the recertification
application form and the documentation provided to support the recertification
application are, to the best of my knowledge and belief, true, accurate,
complete and unaltered. I acknowledge
that, pursuant to RSA 641:3, the knowing making of a false statement on the
recertification application form is punishable as a misdemeanor"; and
(2) Place the
date next to the signature.
(c) The effect of the signature shall be that the
applicant for recertification:
(1) States that,
to the best of his or her knowledge and belief, the information provided on the
recertification application form and the documentation provided to support the
recertification application are accurate, complete and
unaltered; and
(2)
Acknowledges that, pursuant to RSA 641:3, the knowing making of a false
statement on the recertification application form is punishable as a
misdemeanor.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.06 Recertification of Midwives
Ineligible for Recertification Under Mid 403.04. For midwives not eligible for recertification
under Mid 403.04 because they do not meet the recency of practice requirements
of Mid 403.04(b), the midwifery council shall reinstate a certificate if the
applicant for recertification:
(a) Has been provisionally certified pursuant to
Mid 403.07; and
(b) Within 78 weeks of having been provisionally
certified has met the supervised midwifery practice requirements set forth in Mid 403.08 and Mid 403.09.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.07 Provisional Certification.
(a) The council shall provisionally certify a
midwife who:
(1) Has met the
eligibility requirements of Mid 403.04(a);
(2) Has
completed the application process set forth in Mid 403.04(b);
(3) Has updated
his or her skills by:
a. Performing
the observations described in (b) below; or
b. Gaining the
practice experience described in (c) below; and
(4) Has, within
30 days of updating his or her skills as required by (3) above, documented the
observations or practice experience in accordance with (d) below.
(b) Observation to update skills:
(1) Shall
consist in:
a. The
observation of at least 2 out-of-hospital births attended by a New Hampshire
certified midwife, a CNM, or a midwife authorized to practice in another state
regulating the practice of midwifery; and
b. The observation
of at least 2 sets of client visits by a New Hampshire certified midwife, a CNM
or a midwife authorized to practice in another state regulating the practice of
midwifery:
1. Each set consisting in at least 2 prenatal visits and one postpartum
visit; and
2. At least one
of the sets consisting in visits with the client whose out-of-hospital birth
was also observed; and
(2) Shall be
performed once for every year or part of a year that the New Hampshire
certificate has been expired, provided that the total number of observations
shall not exceed 6.
(c) Practice experience to update skills:
(1) Shall
consist in acting, under licensure, certification, or other authorization, as
the primary midwife for a client located in another state regulating the
practice of midwifery; and
(2) Shall be
performed once for every year or part of a year that the New Hampshire
certificate has been expired provided that the total number of practice
experiences shall not exceed 6.
(d) Documentation of the updating of skills shall
be:
(1) If the
updating of skills is through observation as described in (b) above, for each
observation a letter signed by the midwife being observed or by the midwife's
client, stating:
a. The kind of
visit observed;
b. The date of the
observation;
c. For the
midwife observed:
1. His or her
name; and
2. The state
and number of his or her certificate, license or other authorization to
practice midwifery;
d. The client's
name, if the client agrees to its use for this
purpose; and
e. The town and
state of the out-of-hospital birth; and
(2) If the
updating of skills is through practice experience as described in (c) above,
for each instance of acting as the primary midwife:
a. A photocopy
of the certificate, license, or other authorization to practice issued by the
state in which he or she acted as primary midwife; and
b. A letter
signed by the client, stating:
1. The client's
name;
2. The town and
state of the out-of-hospital birth; and
3. The
beginning and ending dates of the midwife's care for the client.
(e) A provisional certificate shall be valid for
no more than 78 weeks from the date of its issuance.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.08 Practice by a Provisionally
Certified Midwife.
(a) A provisionally certified midwife shall
practice:
(1) Only under
supervision; and
(2) Only as
long as the provisional certificate is valid.
(b) A provisionally certified midwife seeking
full recertification shall:
(1) While
provisionally certified, complete the supervised practice required by (c) and
(d) below;
(2) Before
beginning such supervised practice, and each time that he or she has a new
supervisor, submit to the midwifery council the signed supervisor's letter
described in Mid 403.09(d); and
(3) After
completion of the supervised practice, submit to the midwifery council proof of
such completion in accordance with (e) below.
(c) A provisionally certified midwife shall act
as the primary midwife:
(1) For the
number of New Hampshire clients determined in accordance with (d) below; and
(2) Do so under
the supervision described in Mid 403.09.
(d) The number of New Hampshire clients for which
a provisionally certified midwife shall act as the primary midwife shall be as
follows:
(1) A minimum
of one client for every 5-year period or fraction of a 5-year period, provided
that a total of 6 clients shall be sufficient, if the provisionally certified
midwife practiced midwifery in another state regulating the practice during the
period the New Hampshire certificate was expired; or
(2) The
following number of clients, if the provisionally certified midwife did not
practice midwifery in another state during the period the New Hampshire
certificate was expired:
a. At least one
client if, before the expiration of the New Hampshire certificate, the midwife
had practiced in New Hampshire for 4 years or more; and
b. At least 2
clients if, before the expiration of the New Hampshire certificate, the midwife
had practiced in New Hampshire for fewer than 4 years.
(e) As proof of having completed the required
supervised practice, a provisionally certified midwife shall submit to the
midwifery council:
(1) A signed
and dated letter reporting for each instance in which the provisionally
certified midwife acted as the primary midwife:
a. The name of
the client;
b. The address
of the client;
c. The
beginning and ending dates of the period during which he or she acted as the
primary midwife; and
d. The name of
the supervising midwife;
(2) A written
statement that the supervised practice was in compliance with
Mid 403.08 and Mid 403.09; and
(3) If the
midwife acted as the primary midwife for the number of clients called for by
(d)(1) above, a written statement:
a. Describing
the extent of his or her out-of-state practice; and
b. Including
his or her other-state license or certificate number(s).
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
403.09 Supervision of Midwifery
Practiced by a Provisionally Licensed Midwife.
(a) Supervision of a provisionally licensed
midwife fulfilling the supervised practice requirements of Mid 403.08 shall be
by a midwife who is a:
(1) Currently
certified New Hampshire midwife; or
(2) Currently
certified CNM with a practice consisting of out-of-hospital births.
(b) A supervisor shall be present and intervene
as necessary during:
(1) Each
out-of-hospital birth; and
(2) During all
other contacts between the provisionally licensed midwife and the client.
(c) A supervisor shall assume primary
responsibility for:
(1) The health
of the mother, the fetus, and the newborn; and
(2) The
provisionally certified midwife's compliance with Mid 500.
(d) Before beginning to supervise a provisionally
certified midwife, each supervisor shall provide the provisionally certified
midwife with a signed letter including:
(1) The
supervisor's name and address;
(2) The
supervisor's:
a. New
Hampshire certificate number and date of expiration; or
b. CNM
certificate number and date of expiration;
(3) If the
supervisor is a CNM, the statement that her or his practice consists of
out-of-hospital births; and
(4) The
statement that she or he is familiar with the requirements of Mid 403.08 and
Mid 403.09 and will comply with them.
Source. #9089, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
PART Mid 404
REVOCATION, SUSPENSION AND OTHER SANCTIONS
Mid 404.01 Definitions. In Mid 404 the following terms shall have the
following meanings:
(a) "Private reprimand" means a written
reprimand of a midwife by the midwifery council; and
(b) "Public reprimand" means a written
reprimand of a midwife by the midwifery council together with notification to
New Hampshire certified midwives of such reprimand.
Source. #9090, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
404.02 Misconduct.
(a) Pursuant to RSA 326-D:8, II, misconduct shall
be:
(1) The
practice of fraud or deceit in procuring or attempting to procure certification;
(2) Conviction
of any crime demonstrating unfitness to practice midwifery, as further set
forth in (b) below;
(3)
Demonstrable gross incompetence of the certificate holder, as evidenced
by a violation of Mid 500 resulting in harm to the mother, the fetus, or the newborn;
(4) Addiction
to the use of alcohol or other habit-forming drugs to a degree which renders
the certificate holder unfit to practice;
(5) A legal finding
of mental incompetence;
(6) Willful or
repeated violation of RSA 326-D; and
(7) Suspension
or revocation without subsequent reinstatement of certification in another
jurisdiction.
(b) Crimes demonstrating unfitness to practice
midwifery shall be crimes involving theft, injury to others, physical, or
emotional exploitation of others and violence towards others.
Source. #9090, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid 404.03 Sanctions.
(a) Pursuant to RSA 326-D:8, III, disciplinary
measures available to the council to sanction misconduct shall be:
(1) Revocation
of certification;
(2) Public or
private reprimand;
(3) Suspension,
limitation, or restriction of certification, as further set forth in (b) below;
and
(4) The
assessment of administrative fines in amounts not exceeding $2,000 per offense,
or in the case of a continuing offense, $250 for each day the violation
continues.
(b) Suspension, limitation
and restriction of certification shall include:
(1) Suspension
of certification for a specified period of time, the period to be determined in
accordance with Mid 404.05;
(2) Suspension
of certification pending the achievement of specified competence requirements,
specified continuing education, or specified clinical experience;
(3) Suspension
of certification pending successful participation in:
a. A specified
mental or physical health treatment program;
b. A specified
rehabilitative program;
c. Specified counseling;
d. A specified
professional assistance program; or
e. Any other
program designed to overcome the deficiency or condition in the certificate
holder which appears to have caused the misconduct; and
(4) The
requirement that another midwife currently certified by the council supervise
the practice of the certificate holder for a specified period
of time, the period to be determined in accordance with Mid 404.05.
Source. #9090, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
404.04 Procedure for Imposition of
Sanctions. Other than the immediate
suspension of certification authorized by RSA 541-A:30, III, the council shall
impose disciplinary sanctions only:
(a) After prior notice to the certificate holder
in accordance with Mid 207.01 and the opportunity for the certificate holder to
be heard; or
(b) By agreement in a settlement between the
council and the certificate holder made pursuant to Mid 213.
Source. #9090, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
404.05 Determinations Required for
Sanctions.
(a) In determining which sanction or combination
of sanctions to impose, the council shall:
(1) First
determine the nature of the act or omission constituting the misconduct done by
the certificate holder;
(2) Next
determine whether the misconduct has one or more of the characteristics listed
in (b) below; and
(3) Finally,
apply the standards in (c) below.
(b) The characteristics shall be:
(1) The
misconduct actually caused physical or mental harm to the mother or the newborn;
(2) The
misconduct had the potential to cause physical or mental harm to the mother or
the newborn;
(3) The
misconduct repeated earlier misconduct done by the certificate holder, as determined
by:
a. An earlier hearing;
b. An earlier
settlement agreement predicated on the same misconduct by the certificate
holder; or
c. An admission
by the certificate holder;
(4) The
misconduct was not the first misconduct by the certificate holder, as
determined by:
a. An earlier hearing;
b. An earlier
settlement agreement predicated on misconduct by the certificate holder; or
c. An admission
by the certificate holder; and
(5) The
misconduct was intentional rather than the result of negligence or inadvertence.
(c) The council shall select appropriate
sanction(s):
(1) From the
list in Mid 404.03; and
(2) By
choosing, in light of the characteristics determined
pursuant to (b) above, the sanction most likely to:
a. Protect
public health and safety;
b. Prevent
future misconduct by the certificate holder;
c. Take into
account any acknowledgement of fault by the certificate holder and any
cooperation by the certificate holder with the council's investigation of misconduct;
d. Correct any
attitudinal, educational, or other deficiencies which led to the misconduct of
the certificate holder;
e. Encourage
the responsible practice of midwifery; and
f. Demonstrate
to the certificate holder and the public the council's intention to insure that those certified by the council practice in
accordance with applicable law and the public welfare.
(d) When imposing an administrative fine pursuant
to Mid 404.03(a)(4), the council shall determine the amount of the fine by
applying the standards in (c)(2) above.
Source. #9090, eff 2-20-08, EXPIRED: 2-20-16
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
PART Mid 405
CONTINUING EDUCATION
Mid
405.01 Continuing Education
Requirements.
(a) For eligibility to renew certification a
midwife shall complete continuing education requirements by completing 20
contact hours of continuing education per renewal period in accordance with
(b)-(d) below.
(b) Continuing education activities shall improve
or maintain a midwife's professional competence in midwifery as defined in Mid
102.01(b).
(c) Unless otherwise specified in Mid 405, at least 12 of the 20 contact hours shall be
earned through participation in academic or other courses, classes, seminars,
workshops, distance learning courses, or journal study described in Mid 405.02.
(d) Any contact hours not earned in accordance
with (c) above shall be earned through participation in the following
activities in midwifery-related fields:
(1) Informal
independent study, as further described in Mid 405.03;
(2) Publication
of the midwife's own writing, as further described in Mid 405.04;
(3) Public
professional presentations, as further described in Mid 405.05;
(4) Teaching
midwifery, as further described in Mid 405.06;
(5)
Participation in the work of midwifery-related professional boards or
committees and participation in the work of midwifery-related governmental
regulatory agencies, as further described in Mid 405.07; or
(6) Product
development, as further described in Mid 405.08.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
405.02 Participation in Courses,
Classes, Seminars, Workshops, Distance Learning Courses and Journal Study.
(a)
The council shall recognize as continuing education a midwife's
completion of any academic or other courses, classes, seminars, workshops, and
distance learning:
(1) In a midwifery-related field; and
(2) Accredited or given by an
academic institution or other entity which is accredited by:
a. Midwives Education Accreditation Council;
b. Middle States Association of Colleges and Schools;
c. New England Association of Schools and Colleges;
d. North Central Association of Colleges and Schools;
e. Northwest Commission on Colleges and Universities;
f. Southern Association of Colleges and Schools;
g. Western Association of Schools and Colleges;
h. American College of Nurse-Midwives;
i. Accreditation
Council for Continuing Medical Education;
j. National League for Nursing Accrediting Commission;
k. American Nurses Credentialing Center's
Commission on Accreditation;
l Commission on Continuing Education of the New
Hampshire Nurses Association;
m. National Certification Corporation of
Obstetrical, Gynecological and Neonatal Nursing;
n. American Academy of Nurse Practitioners;
o. International Childbirth Education Association;
p. International Board of Lactation Consultants Examiners;
q. National Board for Certified Counselors;
r. American Dietetic Association;
s. The American Association of Nurse Practitioners;
or
t. Any other entity approved by
the council.
(b)
The midwifery council shall credit the midwife with completing any
academic courses taken at an academic institution with one contact hour for
each clock hour of coursework, provided that it shall
credit a maximum of 12 contact hours for a single academic course.
(c)
The midwifery council shall credit the midwife with completing any courses,
classes, seminars, workshops, and distance learning courses other than academic
courses taken at an academic institution with the contact hours attributed to
them by the sponsor or provider, provided that it
shall credit a maximum of 12 contact hours for a single such course, class,
seminar, workshop, or distance learning course.
(d)
The midwifery council shall recognize as continuing education a midwife's
journal study in a midwifery-related field provided that the journal study is:
(1) Accredited, sponsored, or provided by an
academic institution or other entity accredited by one of the organizations
listed in (a)(2) above; and
(2) Requires:
a. Reading a journal article in a
midwifery-related field;
b. Completing a test on the article;
c. Submitting the test for scoring by the
journal study program sponsor or provider; and
d. Receiving a certificate from the journal
study program sponsor or provider which meets the requirements of Mid
406.01(c).
(e)
The midwifery council shall credit the midwife with the contact hours
attributed to the journal study by its sponsor or provider.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New.
#11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New.
#12040, eff 11-10-16; amd
by #12660, eff 11-5-18
Mid
405.03 Informal Independent Study.
(a) The midwifery council shall recognize
informal independent study in midwifery as continuing education.
(b) Informal independent study shall include:
(1) Reading
midwifery-related books and journals;
(2) Viewing midwifery-related videotapes, digital
video discs, or live streaming video programs; and
(3) Listening
to audio recordings.
(c) The midwifery council shall credit the
midwife with one contact hour for every 2 clock hours of informal independent
study, to a maximum of 4 contact hours, provided that the midwife writes a
report of the major theses of the book, journal, videotape, or digital video disc.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
405.04 Publication of Midwife's Writing Related to Midwifery.
(a) The midwifery council shall recognize as continuing
education the publication of writing related to midwifery written in part or in
whole by the midwife, including the publication of books, chapters of books,
and articles, provided that no more than 2 publications shall be credited
during any licensing renewal period.
(b) For the publication or co-publication of a
book the midwifery council shall:
(1) Credit the
midwife with 12 contact hours; and
(2) Require
that only 8 of the required 20 contact hours shall be earned through
participation in academic or other courses, classes, seminars, workshops or distance learning courses described in Mid 405.02.
(c) For the publication or co-publication of a
chapter of a book or an article the midwifery council shall credit the midwife
with 4 contact hours.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
405.05 Public Professional
Presentations Relating to Midwifery.
(a) The midwifery council shall recognize a midwife's
public professional presentations relating to midwifery as continuing
education.
(b) The midwifery council shall credit the
midwife with 2 contact hours for each clock hour of a public presentation, to a
maximum of 4 contact hours, provided that, if the midwife gives substantially
the same public presentation more than once, the council shall credit the
midwife for only a single presentation.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
405.06 Teaching Midwifery.
(a) The midwifery council shall recognize as
continuing education a midwife's teaching a midwifery course at:
(1) A college
or university accredited by an accreditor listed in Mid 405.02(a)(2); or
(2) A
conference or other event:
a. Offering
contact hour credit for the course taught; and
b. Approved by
an accreditor listed in Mid 405.02(a)(2).
(b) The midwifery council shall credit the
midwife with 2 contact hours for each clock hour of teaching, to a maximum of 4
contact hours, provided that, if the midwife gives substantially the same
course more than once, the council shall credit the midwife for only a single
presentation of the course.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
405.07 Participation in the Work of
Midwifery-Related Professional Boards or Committees and Participation in the
Work of Midwifery-Related Governmental Regulatory Agencies.
(a) The midwifery council shall recognize as
continuing education the participation by a midwife in the work of
midwifery-related professional boards or committees and participation by a
midwife in the work of midwifery-related governmental regulatory agencies.
(b) The midwifery council shall credit the
midwife with 2 contact hours for each board, committee or governmental
regulatory agency served, to a maximum of 4 contact
hours.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
405.08 Product Development.
(a) The midwifery council shall recognize as
continuing education the development, co-development or re-development of a
product related to midwifery, provided that the product is distributed or
disseminated by a manufacturer, distributor, publisher, or government agency.
(b) The midwifery council shall credit the
midwife for the development, co-development, or re-development of substantially
the same product only once.
(c) The midwifery council shall credit the
applicant with 4 contact hours for the development, co-development, or
redevelopment of a product described in (a) above, to a maximum of 4 contact hours.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
PART Mid 406
DOCUMENTATION OF CONTINUING EDUCATION
Mid
406.01 Participation in Courses,
Classes, Seminars, Workshops, Distance Learning Courses and Journal Study. Documentation of participation in courses,
classes, seminars, workshops, and distance learning courses as described in Mid
405.02 shall be:
(a) For academic courses:
(1) A photocopy
of an official transcript showing the date of the course and its successful completion;
(2) Either the
description of the course copied from the institution's catalogue or the course
syllabus; and
(3) The
midwife's written statement of the number of hours that the midwife
participated in the course;
(b) For all other courses, classes, seminars,
workshops, and distance learning courses, a photocopy of a certificate or other
confirmation of attendance or participation showing:
(1) The
midwife's name;
(2) The name of
the course, class seminar, or workshop;
(3) The name of
the accrediting agency from the list in Mid 405.02(a)(2);
(4) The
beginning and end dates(s) of the course, class, seminar, workshop
or distance learning course; and
(5) The number
of contact hours credited by the provider or sponsoring entity; and
(c) For journal study, a photocopy of a
certificate provided by the journal study program sponsor or provider showing:
(1) The
midwife's name;
(2) The name of
the journal study program;
(3) The name of
the accrediting agency from the list in Mid 405.02(a)(2);
(4) The date
that the certificate was issued; and
(5) The number
of contact hours credited by the journal study program sponsor or provider.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
406.02 Informal Independent Study.
(a) Documentation of informal independent study
shall include:
(1) The
applicant's signed written statement setting forth, for each item read or
listened to, or videotape or digital video disc viewed:
a. The title of
the item read or viewed;
b. The author
and publisher of the item read or the producer of the item viewed;
c. The clock
hours spent in reading or viewing; and
d. The date of
completion of the reading or viewing; and
(2) The
applicant's one-page, double-spaced report, in 12 point
Times New Roman font, of the major thesis or theses of the item read or viewed
describing how it applies to midwifery.
(b) The effect of the signature required by
(a)(1) above shall be to assert the accuracy of the information provided.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
406.03 Publication of Midwife's
Writing Related to Midwifery.
Documentation of publication of writing related to midwifery written in
part or in whole by the midwife shall be any materials showing:
(a) The title of the writing;
(b) The date of publication; and
(c) The applicant's part or full authorship of
the published writing.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
406.04 Public Professional
Presentations Relating to Midwifery.
Documentation of public professional presentations relating to midwifery
shall include:
(a) A copy of the official program of the
presentation; or
(b) Written verification signed by a
representative of the program's sponsor showing:
(1) The title
of the presentation;
(2) The name of
the midwife as presenter;
(3) The date of
the presentation;
(4) The hours
during which the presentation took place; and
(5) The type of
audience attending the presentation.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
406.05 Teaching Midwifery. Documentation of midwifery teaching shall
include:
(a) The name of the course(s) taught; and
(b) A letter of confirmation signed by an
official of the institution sponsoring the courses.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
406.06 Participation in the Work of
Midwifery-Related Professional Boards or Committees and Participation in the
Work of Midwifery-Related Governmental Regulatory Agencies.
(a) Documentation of participation in the work of
midwifery-related professional boards, professional committees, and governmental
regulatory agencies shall include a letter conforming to (b) below and issued
by:
(1) The
authority appointing the midwife to the board, committee, or agency; or
(2) The board,
committee, or agency served by the midwife.
(b) The letter shall state:
(1) The
appointment to the board, committee, or agency; or
(2) The
following information:
a. The fact of
the midwife's participation; and
b. The
beginning and ending dates of the midwife's service.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
406.07 Product Development. Documentation of product development shall be
a letter written by a representative of the distributor or disseminator on the
letterhead of the distributor or disseminator:
(a) Describing the product; and
(b) Acknowledging the midwife as the developer or
co-developer.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
PART Mid 407
ONGOING REQUIREMENTS
Mid
407.01 Reporting Significant Morbidity
and Mortality.
(a) Significant morbidity shall be reported when
hospitalization lasts longer than 48 hours or the illness, injury, or morbidity
not captured by hospitalization occurs within 6 weeks of the date of the birth;
and
(b) A midwife shall submit a “Significant Morbidity
and Mortality Report Form” described in Mid 407.02 to
the board through the office of professional licensure and certifications
within 10 days of a significant morbidity and mortality incident.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16; ss by #13611, eff 6-13-23
Mid
407.02 Significant Morbidity and Mortality
Report Form. When reporting an
incident of maternal or neonatal significant morbidity or mortality, a midwife
shall provide the following information on the “Significant Morbidity and
Mortality Report Form” provided by the midwifery council and available on the
boards web site, https://www.oplc.nh.gov/midwifery-council-forms-and-documents:
(a) The name of the midwife;
(b) The Midwife’s address;
(c) The Midwife’s phone number;
(d) The midwife’s certification number;
(e) The name of the client;
(f) The client’s address and phone number;
(g) The client’s date of birth;
(h) The newborn’s name and date of birth, if applicable;
(i) The location of
the incident of significant morbidity or mortality;
(j) If the client or newborn was transferred to a
hospital:
(1) A detailed
description of the reason for the transfer of the care of the client or newborn
to the hospital;
(2) The name and location of the hospital to which the
care of the client or newborn was transferred and the phone number of the
hospital’s medical records department;
(3) The date
and time of the call for transportation to the hospital;
(4) The date
and time the client or newborn arrived at the hospital; and
(5) The means
of transportation to the hospital;
(k) A detailed description of the maternal
illness, injury, or morbidity, and outcome;
(l) A detailed description of the newborn’s
illness, injury, or morbidity, and outcome;
(m) A detailed description of any additional
significant concerns or information; and
(n) The midwife’s signature and date of signing.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New.
#11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16; ss by #13611, eff 6-13-23
Mid
407.03 Record of Client Care.
(a) A midwife shall establish and maintain a
record of the care provided and the data gathered for each client and newborn.
(b) Each client’s record shall contain the
following information, as applicable:
(1) The
client's identification information including:
a. Name;
b. Address;
c. Telephone number;
d. Date of birth;
e. Marital status;
f. Name of
spouse or partner, if any; and
g. Emergency
contact person;
(2) The
client’s health history;
(3) Notes
documenting the midwife's actions and guidance during personal and telephone
contacts between:
a. The client
and the midwife; and
b. The client’s
spouse or partner and the midwife;
(4) The dates
and findings of:
a. Prenatal
care given pursuant to Mid 502.03(a); and
b. Extended
postpartum care given pursuant to Mid 502.07;
(5) Results of
consultations with physicians or other health care providers;
(6) Laboratory
and diagnostic reports;
(7)
Documentation of all medications administered to the client;
(8) The signed
originals of all forms required by these rules or other law to be signed by the
client;
(9) The name
and phone number of the health care provider chosen by the client to care for
the newborn;
(10) Contemporaneously
recorded details of the labor, the birth and the immediate postpartum period,
annotated with the date and time for each entry;
(11) The
midwife's written summary of the most important facts of the labor, the birth,
and the assessment of the newborn; and
(12) The
reasons for any transfer of the client's care.
(c) A midwife shall, with the written consent of
the client, provide the newborn’s health care provider with a copy of the
summary required by (b)(11) above.
(d) A midwife shall retain each client’s records
for the longer of the following:
(1) A period of
21 years from the date of birth of a baby born while the client was in the care
of the midwife; or
(2) A period of
7 years from the date of the midwife's last contact with the client if no baby
was born while the client was in the care of the midwife.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
407.04 Maintenance of Practice Data. A midwife shall record and maintain in her
records the following practice data:
(a) Each out-of-hospital birth attended as
midwife to a client;
(b) Each out-of-hospital birth attended in the
capacity of an assistant to another midwife;
(c) Each transfer of a client to the hospital,
whether the transfer was made during the intrapartum period or the postpartum period;
(d) Each transfer of a newborn to the hospital;
and
(e) Each of the following events, together with
the date that the event was reported to the council pursuant to Mid 407.01:
(1) Maternal mortality;
(2) Significant
maternal morbidity;
(3) Neonatal
mortality; and
(4) Significant
neonatal morbidity.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
407.05 Reporting and Other
Administrative Requirements. A
midwife shall:
(a) Inform the midwifery council of a principal
address to which official council communications shall be directed;
(b) Inform the council of all business addresses
where the midwife is practicing;
(c) Report to the midwifery council within 30
days of any change or abandonment of a principal business address;
(d) Display the midwife's current midwifery
certificate at the midwife's principal place of business, and a copy at any
other place of business;
(e) Inform the midwifery council within 30 days
of becoming aware of any:
(1)
Disciplinary charges pending or disciplinary
action taken against the midwife by any licensing authority, medical council,
health care facility, or professional midwifery association;
(2) Suspension
from employment or appointment in a hospital, clinic, or other health care facility;
(3) Voluntary
surrender by the midwife of a certificate, license, registration or permit to
practice midwifery, or other healing art in lieu of facing disciplinary action;
(4) Revocation,
suspension, or other termination on disciplinary grounds of a professional
certificate, license, registration, or permit to practice in a field other than
midwifery;
(5) Decisions
adverse to the midwife made in civil actions or on insurance claims; or
(6) Emotional
disturbance, mental illness, organic illness, or addictive disorder which impairs
the midwife’s ability to practice midwifery.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
407.06 Confidentiality of Client
Information and Records. A midwife
shall hold confidential all communications with a client, information obtained
from the client, and the contents of the client's record unless the client has
given written consent to the release of such information.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New. #12040,
eff 11-10-16
Mid
407.07 Compliance with Laws. A midwife shall comply with applicable New
Hampshire laws, including but not limited to:
(a) The requirements of RSA 332-I relating to
medical records and patient information;
(b) Rules of the bureau of vital records regarding
the reporting of births;
(c) Rules of the bureau of vital records
regarding the reporting of deaths;
(d) The reporting requirements of RSA 132:6, II
and any rules relating to prevention of eye inflammation which have been
adopted by the commissioner of the department of health and human services; and
(e) The requirements of RSA 132:10-a and RSA
132:10-aa relating to newborn screening tests.
Source. #8840, eff 3-13-07, EXPIRED: 3-13-15
New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16
New.
#12040,
eff 11-10-16
APPENDIX
Rule |
Specific State Statute the
Rule Implements |
|
|
Mid 401 |
RSA 541-A:7 |
Mid 402.01-Mid 402.03(b) |
RSA 326-D:6, II, RSA
326-D:11, RSA 326-D:5, I(e) |
Mid 402.03(c) |
RSA 326-D:4, I(b), RSA
326-D:6, II |
Mid 402.04 |
RSA 541-A:16, I(b) |
Mid 402.05-Mid 402.06 |
RSA 326-D:6, II, RSA
326-D:11 |
Mid 402.07(a) and (b) |
RSA 326-D:5, I(e) |
Mid 402.07(c) and (d) |
RSA 326-D:6, II, RSA
326-D:11 |
Mid 402.07(e) |
RSA 326-D:7, IV |
Mid 403.01 |
RSA 541-A:7 |
Mid 403.02 through Mid 403.09 |
RSA 326-D:5, I(d) |
Mid 404.01 |
RSA 541-A:7 |
Mid 404.02 |
RSA 326-D:8, II |
Mid 404.03 |
RSA 326-D:8, III |
Mid 404.04 and Mid 404.05 |
RSA 541-A:16, I.(b) |
Mid 405-406 |
RSA 326-D:11, RSA 326-D:5,
I(e) |
Mid 407 |
RSA 326-D:5, I(j) |
Mid 407.01 |
RSA 326-D:5, I(i) |
Mid 407.02 |
RSA 326-D:5, I(i) |