Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SL 2017, ch 172 , § 13.

Terms used in this chapter mean: (1) "Approved program," an educational program of study leading to eligibility for certification as a midwife that is approved or accredited by the midwifery education accreditation council (MEAC); (2) "Board," the South Dakota Board of Certified …

The Governor may remove any member from the board for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. Source: SL 2017, ch 172 , § 10.

An applicant for licensure as a certified professional midwife or certified professional midwife student shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the prescribed fee. If the board finds that the applicant sati…

Each applicant for licensure as a certified professional midwife or certified professional midwife student in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal …

For the purposes of this chapter, the practice of a certified professional midwife is the management and care of the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods. A certified professional midwife may perform the…

For the purposes of this chapter, the practice of a certified professional midwife does not include: (1) The use of any surgical instrument at a childbirth, except as necessary to sever the umbilical cord or repair a first or second degree perineal laceration; (2) Prescribing pre…

The license of a certified professional midwife is valid for two years and is renewable pursuant to §

To renew the license, the license holder shall, before the expiration date, return to the board: (1) The renewal notice; (2) Evidence of meeting the re-certification requirements for CPM re-certification by the North American Registry of Midwives; (3) Evidence that the license ho…

If a licensee fails to maintain active status or secure inactive status, as provided in § 36-9C-18 , the license shall lapse on the final date of the period for which is was last renewed. A lapsed license may be reinstated by filing a satisfactory explanation for failure to renew…

The holder of a current license may file with the board a written application, together with the prescribed fee, requesting inactive status. Source: SL 2017, ch 172 , § 18.

The board shall promulgate by rule, pursuant to chapter 1-26 , and shall collect in advance the following nonrefundable fees from each applicant: (1) For initial licensure or endorsement from another state, not more than one thousand dollars; (2) For biennial renewal of license, …

No person may practice or offer to practice as a certified professional midwife in this state unless the person is currently licensed to practice by the board. Source: SL 2017, ch 172 , § 2.

There is hereby established the midwife regulation fund. All fees received by the board, and money collected under this chapter, shall be forwarded to the state treasurer before the eleventh day of each month. The state treasurer shall credit the funds to the midwife regulation f…

The Governor is not required to appoint members to the board and the board is not required to begin issuing licenses pursuant to this chapter until the balance in the midwife regulation account is greater than twenty thousand dollars. Source: SL 2017, ch 172 , § 21.

The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon p…

Any proceeding related to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26 . A license may be revoked or suspended only at a hearing conducted in accordance with chapter 1-26 . Source: SL 2017, ch 172 , § 23.

The board may take action authorized by § 36-9C-23 upon satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to the license…

An aggrieved party may appeal a board decision pursuant to chapter 1-26 . Source: SL 2017, ch 172 , § 25.

A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause. Source: SL 2017, ch 172 , § 26.

No person may: (1) Practice or offer to practice as a certified professional midwife or certified professional midwife student without being licensed pursuant to this chapter; (2) Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record n…

It is necessary to prove in any prosecution only a single act prohibited by law, or a single holding out, or a single attempt, without proving a general course of conduct in order to constitute a violation of this chapter. Source: SL 2017, ch 172 , § 28.

The board may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who: (1) Is practicing as a certified professional midwife without a license issued by the board; (2) Is practicing as a certified professional midwife under a…

This chapter does not prohibit the performance of the functions of a certified professional midwife if performed: (1) In an emergency situation; (2) By a certified nurse midwife licensed pursuant to chapter 36-9A and authorized to practice in this state; (3) By a physician licens…

Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in § 36-9C-29 , may issue a temporary injunction, without notice or bond, enjoining that person from …

An action for injunction is an alternative to criminal proceedings, and the commencement of either proceeding by the board constitutes an election. Source: SL 2017, ch 172 , § 31.

The board shall promulgate rules pursuant to chapter 1-26 pertaining to: (1) Licensing and licenses; (2) The practice and scope, pursuant to § 36-9C-13 , of certified professional midwives and certified professional midwife students; (3) Fees; (4) Approval of certified profession…

A certified professional midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the certified professional midwife and the client that discloses all of the following in writing: (1) The name, address, telephone numb…

No other licensed health care provider or hospital or agent thereof is liable for an injury resulting from an act or omission by a certified professional midwife, even if the health care provider has consulted with or accepted a referral from the certified professional midwife. S…

A certified professional midwife shall comply with all newborn screenings required by state law and administrative rule. Source: SL 2017, ch 172 , § 37.

A certified professional midwife shall consult with the client's selected physician or facility whenever there is a significant deviation during the client's pregnancy or birth, or with the newborn. Source: SL 2017, ch 172 , § 38.

The board shall review birth registration and reportable information for each out-of-hospital birth for evaluation and quality management purposes. The certified professional midwife shall provide additional documentation to the board upon request for review. The certified profes…

No person may be licensed to practice as a certified professional midwife unless the person: (1) Has obtained the certified professional midwife credential; (2) For licensure of a person who obtains certification after December 31, 2019, has completed an educational program or pa…

The practice in this state as a certified professional midwife or certified professional midwife student is subject to the control and regulation of the board established by §

There is hereby established the Board of Certified Professional Midwives within the Department of Health. The board shall submit records, information, and reports in the form and as required by the secretary of health. The board shall report at least annually to the Department of…

The Governor shall appoint a board consisting of two certified professional midwives who are licensed and in good standing pursuant to this chapter, one certified nurse midwife who is licensed and in good standing pursuant to chapter 36-9A , one physician with experience in mater…

Each member of the board shall be a citizen of the United States, a resident of this state for a minimum of two years before appointment to the board, and shall file with the secretary of state an oath of office before beginning the member's term of office. However, until at leas…

The term of office for members of the board is three years and expires on October thirtieth. Each member shall serve until a successor is appointed and qualified. No member may be appointed to more than three consecutive full terms. Appointment of a person to an unexpired term is…