Alaska Administrative Code

The provisions of 12 AAC 12.800 - 12 AAC 12.855 apply to an administrative hearing regarding a department action under AS 43.70.075, including a notice of suspension and a refusal by the department to issue a business license endorsement Notes 12 AAC 12.800 Eff. 6/27/2004, Regist…

(a) To obtain administrative review of a department action under AS 43.70.075, an aggrieved person must file with the department, in accordance with this section and 12 AAC 12.855, a request for an administrative hearing. The request must be filed within 20 days after the notice …

An attorney representing an aggrieved person must file with the hearing officer a notice of appearance that provides the attorney's mailing address, the attorney's telephone number, and any telephone number for the attorney to receive facsimile transmissions. Notes 12 AAC 12.810 …

(a) Unless the aggrieved person and the department stipulate, with the hearing officer's approval, to the time and place of the hearing and to pre-hearing deadlines, the hearing officer shall conduct a telephonic pre-hearing conference to (1) schedule the time and place of the he…

The aggrieved person and the department may obtain discovery of unprivileged documentary evidence relevant to the issues identified in AS 43.70.075(m)(1), (2), and (3). Discovery requests and responses are not required to be filed with the hearing officer. Upon a motion with good…

To seek a continuance in an administrative hearing, the aggrieved person or the department must file a motion that sets out the grounds for the request. The administrative hearing may only be continued for good cause shown. Notes 12 AAC 12.825 Eff. 6/27/2004, Register 170 Authori…

(a) To make a motion or submit a memorandum, the aggrieved person or the department must file the motion or memorandum in writing with the hearing officer and provide a copy to the opposing party. The filing of a motion or memorandum with the hearing officer is subject to the req…

(a) For purposes of the preponderance of the evidence test required under AS 43.70.075(m), the department bears the burden of proof. (b) Unless the aggrieved person and the department agree otherwise, the department will present its case first. The aggrieved person and the depart…

(a) Oral evidence may be taken only on oath or affirmation. (b) The aggrieved person and the department may each(1) call and examine witnesses; (2) introduce exhibits, with the department using numbers and the aggrieved person using letters to identify exhibits; (3) cross-examine…

(a) For purposes of appeal to the superior court, the commissioner's decision under AS 43.70.075(n) is a final administrative order and decision on the last day when reconsideration of that decision can be ordered. The decision becomes effective 30 days after it is issued under 1…

An aggrieved person, the department, or a person acting on behalf of the aggrieved person or department may contact the commissioner or hearing officer concerning a matter that is the subject of a pending or in-progress administrative hearing only through the procedures set out i…

(a) If a document must be filed on or before a specified date under a provision of 12 AAC 12.800 - 12 AAC 12.855, the document may be filed by personal delivery, certified mail, or facsimile transmission. If the document is filed by (1) mail, the date of filing is the date when t…

In this chapter, unless the context requires otherwise, (1) "aggrieved person" means a person against whom the department takes action under AS 43.70.075; (2) "business day" means a day other than Saturday, Sunday, or a state holiday; (3) "commissioner" means the commissioner of …

Notes 12 AAC 14.100 Eff. 2/18/94, Register 129; repealed 1/1/2000, Register 152 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

(a) The board will issue a certificate as a direct-entry midwife to an applicant who meets the requirements of AS 08.65.050 and this section, and passes the examination required in 12 AAC 14.300. (b) An applicant for certification shall (1) submit documentation that the applicant…

(a) The board may issue a certificate by credentials to practice as a direct-entry midwife to an applicant who meets the requirements of AS 08.65.070 and this section. (b) An applicant for a certification by credentials under this section must submit (1) a complete and notarized …

(a) A person may not practice as an apprentice direct-entry midwife in this state unless that person has been issued a permit under this section. (b) An applicant who meets the requirements on the checklist set out in (c) of this section has demonstrated the necessary qualificati…

(a) The board will issue a temporary military courtesy certificate or permit to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a direct-entry midwife or apprentice direct-entry midwife to an appli…

The applicant must sign the application and swear to or affirm the truth of its contents. False or misleading statements or information on the application, whether or not made knowingly, are grounds for denial of approval to take an examination under AS 08.65 or for disciplinary …

Notes 12 AAC 14.150 Eff. 9/9/2016, Register 219, October 2016; repealed 2/22/2023, Register 245, April 2023 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mo…

(a) On or after 2/22/2023, the board will accept any midwifery education program whether online or in person. (b) An applicant shall document completion of a course of study that meets the requirements of this section by submitting an official transcript, diploma, or certificate …

(a) An applicant must have completed all clinical experience requirements of this section under the supervision of a preceptor who holds a license in good standing, is registered as a preceptor with North American Registry of Midwives (NARM), and (1) meets the qualifications of A…

(a) To be approved by the board, an apprenticeship program must (1) be for a duration of at least one year; (2) be conducted under the supervision of an apprenticeship program preceptor; and (3) provide a training program for the apprentice that meets the course of study and supe…

(a) The examination required for certification as a direct-entry midwife is the national examination prepared and graded by the North American Registry of Midwives. The national examination required under this subsection for certification is (1) any version of the national examin…

(a) A certificate as a direct-entry midwife expires on March 31 of odd numbered years. (b) A certified direct-entry midwife applying for certificate renewal shall (1) apply on a form provided by the department; (2) pay the fees established in 12 AAC 02.145; (3) certify that the a…

(a) An apprentice direct-entry midwife permit is valid for two years from the date of issue. (b) An individual applying for renewal of an apprentice direct-entry midwife permit shall (1) apply on a form provided by the department; (2) pay the fees established in 12 AAC 02.145; an…

Continuing education requirements are satisfied by holding a current certification at the time of renewal as a certified professional midwife from the North American Registry of Midwives (NARM). Notes 12 AAC 14.420 Eff. 5/11/94, Register 130; am 12/9/2001, Register 160; am 4/29/2…

Notes 12 AAC 14.430 Eff. 5/11/94, Register 130; am 12/9/2001, Register 160; am 4/4/2002, Register 162; am 2/11/2017, Register 221, April 2017; am 11/25/2018,Register 228, January 2019; repealed 2/22/2023, Register 245, April 2023 State regulations are updated quarterly; we curren…

An applicant for renewal of a certificate as a direct-entry midwife shall certify having assisted with, or been primarily responsible for, 10 deliveries during the concluding license period. Notes 12 AAC 14.440 Eff. 5/11/94, Register 130; am 2/22/2023, Register 245, April 2023 Au…

(a) A certified direct-entry midwife shall participate in not less than four hours of peer review during each certification period. (b) During each certification period, a certified direct-entry midwife (1) who was primarily responsible for a patient's care during that certificat…

Notes 12 AAC 14.450 Eff. 5/11/94, Register 130; am 1/22/2023, Register 245, April 2023; repealed 2/22/2023, Register 245, April 2023 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the pr…

(a) A certified direct-entry midwife shall submit, on a form provided by the department, a statement verifying compliance with the requirements of 12 AAC 14.420 - 12 AAC 14.445 at the time the certificate holder applies for renewal. (b) The board may require an applicant for rene…

(a) The board will, in its discretion, reinstate a certificate that has been lapsed less than two years if the applicant (1) repealed 3/2/2011; (2) complies with the certificate renewal requirements in 12 AAC 14.400(b). (b) The board will reinstate a certificate that has been lap…

(a) A certified direct-entry midwife shall (1) recommend, before care or delivery of a client, that the client undergo a physical examination performed by a physician, physician assistant, or advanced practice registered nurse who is licensed in this state; (2) obtain informed co…

(a) A certified direct-entry midwife shall consult with a licensed physician or advanced practice registered nurse providing obstetrical care whenever there are significant deviations, including significant abnormal laboratory results, relative to a client's pregnancy or to a neo…

(a) Transport of a client by means of a private vehicle is an acceptable method of transport if it is the most expedient and safest method for accessing medical services. When transferring a client, the certified direct-entry midwife shall (1) initiate immediate transport accordi…

A certified direct-entry midwife may not (1) administer prescription pharmacological agents intended to induce or augment labor; (2) administer prescription pharmacological agents to provide pain management; (3) use vacuum extractors or forceps; (4) prescribe medications; (5) pro…

(a) A certified direct-entry midwife shall maintain records of each client on standard obstetric forms. (b) A certified direct-entry midwife shall maintain records of the recommended medical visit, all prenatal visits, the charting of labor and delivery, the summary of birth, and…

(a) A certified direct-entry midwife shall have written back-up arrangements that must include procedures concerning (1) alternate midwife assistance for clients in the certified direct-entry midwife's absence; and (2) abnormal conditions and medically indicated maternal or infan…

(a) The following practices may be performed by a certified direct-entry midwife who, in accordance with (c) of this section, provides documentation acceptable to the board of having acquired the training and skills necessary to safely perform them: (1) catheterization of the uri…

A certified direct-entry midwife may not administer restricted drugs or medications except for the following, and only if the certified direct-entry midwife has documented the training and skills demonstrating competence to administer them as required in 12 AAC 14.560: (1) xyloca…

(a) A certified direct-entry midwife may withdraw from responsibility for a client during the prenatal period if, for any reason, the midwife does not feel comfortable continuing as the client's midwife. The decision to withdraw may take into account (1) the client's failure to c…

In addition to the practices permitted in 12 AAC 14.560, in an emergency a certified direct-entry midwife who has documented training and skills demonstrating competence as set out in 12 AAC 14.560 may attend or deliver a woman whose condition is outside the scope of practice und…

(a) A certified direct-entry midwife shall present a copy of the midwife's emergency transport plan to each client before the onset of labor. (b) The emergency transport plan must be signed by the client and include (1) written permission to release the client's records to a phys…

In this chapter and in AS 08.65, "emergency" means a situation that presents an immediate hazard to the health and safety of the client. Notes 12 AAC 14.620 Eff. 5/11/94, Register 130 Authority:AS 08.65.030 AS 08.65.190 State regulations are updated quarterly; we currently have t…

Notes 12 AAC 14.900 Eff. 5/16/96, Register 138; am 2/23/2007, Register 181; am 9/9/2016, Register 219, October 2016; am 11/25/2018, Register 228, January 2019; repealed 1/22/2023, Register 245, April 2023 State regulations are updated quarterly; we currently have two versions ava…

A certified direct-entry midwife shall adhere to the following materials adopted by reference as a code of ethics for certified direct-entry midwives in this state: (1) Alaska Board of Certified Direct-Entry Midwives Code of Ethics, adopted April 26, 1994; (2) the Midwives Allian…

In this chapter, unless the context requires otherwise, (1) "board" means the Board of Certified Direct-Entry Midwives; (2) "client" means a pregnant woman, postpartum woman up to six weeks, fetus, or newborn, as appropriate; (3) "department" means the Department of Commerce, Com…

(a) It is the objective of the board to foster professional standards consistent with the best interests of the public. (b) It is the objective of the board to adhere to the Code of Ethics of the American Chiropractic Association or International Chiropractic Association as a bas…

The board will, in its discretion, meet at least twice each year for the transaction of business and examination of applicants. Notes 12 AAC 16.020 Eff. 3/8/71, Register 37; am 9/30/81, Register 79; am 6/29/84, Register 90; am 6/3/89, Register 110 Authority:AS 08.20.055 AS 08.20.…