Code of the District of Columbia

§ 7–743.09. Advisory Committee on Certified Professional Midwives.

(a)(1) There is established an Advisory Committee on Certified Professional Midwives to consist of 7 members as follows:

(A) The Director of the Department of Health, or designee;

(B) Three certified professional midwives, as that term is defined in § 3-1201.01[(1D)];

(C) One licensed physician who is an obstetrician certified by the American Board of Obstetrics and Gynecology and who has professional experience working with certified professional midwives or other community-based midwives;

(D) One certified nurse-midwife who has worked in a non-hospital setting or who has had professional experience working with certified professional midwives; and

(E) A former consumer of midwifery services as the consumer member.

(2) Individuals appointed in accordance with paragraph (1) of this subsection who are required to be licensed shall be licensed to practice their respective professions in the District.

(b) Of the appointees to the Advisory Committee on Certified Professional Midwives other than the Director of the Department of Health, 3 shall serve an initial term of 2 years and 3 shall serve an initial term of 3 years. Subsequent appointments shall be for terms of 3 years.

(c)(1) The Advisory Committee on Certified Professional Midwives shall develop and submit to the Board guidelines for licensing certified professional midwives and regulating the practice of certified professional midwifery in the District.

(2) Guidelines submitted pursuant to paragraph (1) of this subsection shall:

(A) Be consistent with the standards of practice and ethical conduct established by the National Association of Certified Professional Midwives and the North American Registry of Midwives ("NARM"), but these practice guidelines shall not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a certified professional midwife or certified nurse-midwife;

(B) Define expected standards of practice and conduct;

(C) Specify a process for a certified professional midwife to obtain appropriate screening and testing for clients, including laboratory tests, urinalysis, and ultrasounds;

(D) Specify a process for a certified professional midwife to obtain and administer antihemorrhagic agents, including:

(i) Pitocin, oxytocin, misoprostol, and methergine;

(ii) Intravenous fluids, neonatal injectable vitamin K, newborn antibiotic eye prophylaxis, oxygen, intravenous antibiotics for Group B Streptococcal antibiotic prophylaxis, Rho (D) immune globulin, local anesthetic, epinephrine, and terbutaline for non-reassuring fetal heart tones and cord prolapse pending transport;

(iii) Globulin, local anesthetic, and epinephrine; and

(iv) Other pharmaceutical agents, consistent with either the scope of the practice of midwifery, or a prescription issued by a health professional for a patient-client of a midwife, that are approved by the Board of Medicine;

(E) Authorize medical device distributors and manufacturers to issue breast pumps, compression stockings and belts, and maternity belts to CPMs;

(F) Require a CPM to provide each client with a signed informed consent form that describes the CPM's qualifications, education, a copy of the CPM's emergency plan, whether the CPM carries professional liability insurance, and the benefits and risks of birth in the setting of choice of the patient-client, and maintain a record of each patient-client's signed informed consent form;

(G) Require a CPM, subject to the consent of the patient-client, to report the patient-client's data to a national data registry, such as the Midwives Alliance of North America Statistical Registry or the AABC Perinatal Registry;

(H) Adopt professional continuing education requirements for certified professionals consistent with those required by NARM for recertification;

(I) Establish requirements for peer review consistent with those required by NARM for recertification under which information disclosed for peer review shall be protected in accordance with § 44-805;

(J) Require the CPM to file a birth certificate for each live birth attended by a certified professional midwife, in accordance with § 7-231.08; and

(K) Not be interpreted to set, establish, define, enumerate, or otherwise lower the applicable standard of care for a licensed physician, licensed naturopathic physician, certified professional midwife, certified nurse-midwife, or licensed basic or advanced emergency medical technician.

(3) Guidelines currently approved by the Board of Medicine under § 3-1202.03, shall remain in effect until revised guidelines are submitted to and approved by the Board of Medicine.

(4) The Advisory Committee on Certified Professional Midwives shall submit revised guidelines to the Board of Medicine by October 1, 2020.


(Oct. 3, 2001, D.C. Law 14-28, § 4949; as added June 17, 2020, D.C. Law 23-97, § 3, 67 DCR 3912; Mar. 16, 2021, D.C. Law 23-251, § 302, 68 DCR 001234.)

Applicability

Section 7078 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-97 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-97 has been implemented.

Applicability of D.C. Law 23-97: § 6 of D.C. Law 23-97 provided that the creation of this section by § 3 of D.C. Law 23-97 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 5 of D.C. Law 23-97 provided that the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of D.C. Law 23-97.