"      Section 1. The Legislature recognizes the need for the safe and effective delivery of newborn babies and the health, safety, and welfare of their mothers in the delivery process.

     Section 2. The Legislature finds that the interests of public health require regulation of the practice of midwifery in this state for the purpose of protecting the health and welfare of mothers and infants.

     Section 3. Terms used in this Act mean:

     Section 5. No person may engage in the practice of midwifery without being licensed pursuant

to this Act. No person may use the title, licensed midwife, describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this Act. A violation of this section is a Class 2 misdemeanor. The following persons are exempt from the licensure requirements of this Act when providing care during pregnancy, labor, delivery, postpartum, and newborn periods:

     Section 7. The Board of Licensed Midwives is created. The board shall consist of five members appointed by the Governor. The board membership shall include the following:

     Section 8. The terms of the initial members of the board shall be staggered by the drawing of lots with three of the initial members serving a term of three years, two of the initial members serving a term of two years, and one of the initial members serving a term of one year. Any subsequent term on the board shall be three years. The Governor shall fill any vacancy by appointment to complete the unexpired portion of that member's term. No person may serve more than three consecutive full

terms on the board. The appointment to an unexpired term is not considered a full term. The board shall select a president, vice-president, and secretary at its annual meeting. The board may hire an executive secretary to perform any managerial, clerical, or other duties directed by the board.

     Section 9. The board shall hold an annual meeting at a place and time set by the board. The board may hold special meetings at a time and place set by the president or a majority of the board by giving written notice to the board prior to the meeting.

     Section 10. Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board.

     Section 11. Board members shall receive a per diem set pursuant to §  4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.

     Section 12. An applicant for a license as a licensed midwife shall file an application with the board in the manner, and along with an application fee, established by the board in rules promulgated pursuant to chapter 1-26. The board shall issue a license as a licensed midwife to any applicant who pays the license fee and furnishes the board with satisfactory evidence that:

     Section 13. A license issued pursuant to this Act is valid for a period of two years from the date it was issued and automatically expires unless it is renewed. The board shall notify a licensed midwife that the license will expire at least thirty days before expiration. An applicant for renewal shall submit a renewal application to the board on a form provided by the board and shall include the required renewal fee, which is not refundable. Any person who submits a license renewal late shall submit a seventy-five dollar late fee. Any person who has not renewed the license within one

year of the renewal date shall reapply for a license.

     Section 14. The board may promulgate rules pursuant to chapter 1-26 to establish standards of professional practice for licensed midwives. Any rule regarding the practice of midwifery shall be consistent with the Midwives Alliance of North America's Standards and Qualifications for the Art and Practice of Midwifery. The board may promulgate rules in the following areas:

     Section 16. Nothing in this Act:

     Section 18. A licensed midwife may administer oxygen in the practice of midwifery. A licensed midwife may obtain, possess, and administer, in the practice of midwifery, intramuscular oxytocin (Pitocin®) and Methergine® as postpartum antihemorrhagic agents, Rho D immunolglobulin, vitamin K, eye prophylaxis, and any other drug as determined by the board.

     Section 19. A licensed midwife may obtain and use any equipment or devices necessary to assess

or treat the childbearing woman or her newborn, to maintain aseptic technique, to respond to emergencies requiring immediate attention, and to resuscitate the mother and newborn when attending an out-of-hospital birth, including resuscitation equipment, oxygen, emergency medications, and suture.

     Section 20. A licensed midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the licensed midwife and the client and disclose to the client, in writing, all of the following:

     Section 22. A licensed midwife shall report to the board any termination, revocation, or suspension of the licensed midwife's certified professional midwife certification or any disciplinary action taken against the licensed midwife by the North American Registry of Midwives within thirty days of being notified of such action.

     Section 23. The board may not grant or renew a license under this Act to any person who has been convicted of a felony.

     Section 24. The board shall assist the public as follows:

     Section 26. The practice of midwifery in South Dakota prior to the effective date of this Act does not constitute grounds for disciplinary action by the board or any other state board or agency.

     Section 27. If a licensed midwife seeks to consult with, refer, or transfer a client to a licensed health care provider or facility, the responsibility of the provider or facility for the client does not begin until the client is physically within the care of the provider or facility.

     Section 28. A health care provider who examines a licensed midwife's client is only liable for the actual examination and may not be held accountable for the client's decision to pursue an out-of- hospital birth or the services of a licensed midwife.

     Section 29. A health care provider may, upon receiving briefing data from a licensed midwife, issue a medical order for the licensed midwife's client, without that client being an explicit patient of the provider. The provider giving the order is responsible and liable only for the appropriateness of the order given the data received. The issuing of an order for a licensed midwife's client does not constitute a delegation of duties from the other provider to the licensed midwife.

     Section 30. A health care provider may not be held civilly liable for rendering emergency medical services that arise from use of prohibited medications or surgical procedures on the part of the licensed midwife unless the emergency medical services constitute gross negligence or reckless disregard for the client.

     Section 32. No person may obtain or attempt to obtain a license under this Act through bribery or fraudulent misrepresentation. A violation of this section is a Class 2 misdemeanor.

     Section 33. Nothing in this Act limits the right of any hospital to determine who shall have practice privileges in the facility.

     Section 34. No physician is liable for any care rendered by a midwife to a client if that client subsequently enters the care of a physician.

     Section 35. That chapter 36-9A be amended by adding thereto a NEW SECTION to read as follows:

     Section 36. That chapter 36-4 be amended by adding thereto a NEW SECTION to read as follows:

delivered pursuant to this Act is twenty years of age".