SB387 Alabama 2010 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2010

Title

Midwives, State Board of Midwifery, established, licensure and regulation, fees, penalties, Secs. 34-19-11 to 34-19-19, inclusive, added; Secs. 34-19-2 to 34-19-10, inclusive, repealed

Summary

SB387 would create a State Board of Midwifery to license and regulate midwives, replacing existing law and setting rules, fees, and penalties for the practice.

What This Bill Does

It creates a seven-member State Board of Midwifery to oversee licensure, practice standards, and disciplinary actions. It establishes Licensed Midwives (LM) with defined education and certification requirements, sets licensing fees and a 24-month license term, and outlines investigations, suspensions, or revocations for violations. It repeals current midwifery statutes and adds new rules governing consent, client information disclosures, out-of-hospital birth notices, and birth certificate filing, while granting liability protections to other health professionals for acts by licensed midwives. It also imposes nonrefundable fees, creates a public licensee directory, requires funding practices, and places the board under the Sunset law with a renewal cycle.

Who It Affects

• People seeking midwifery care (pregnant individuals and families) who would receive new protections and responsibilities, including required informed consent, risk disclosure notices, and access to information about their licensed midwife and her services.
• Licensed and aspiring midwives (and the medical community that oversees them) who would face new licensing requirements, board oversight, disciplinary processes, and associated fees, while benefiting from defined scope rules and liability protections for other health professionals.

Key Provisions

• Establishes the State Board of Midwifery with seven members (four licensed midwives, one physician, two consumer representatives) appointed by the Governor with terms and meeting requirements.
• Creates Licensed Midwife (LM) license, defines midwifery, sets licensure procedures, and requires licenses valid for 24 months with renewal; fees set by the board.
• Repeals existing midwifery sections (34-19-2 to 34-19-10) and adds new sections (34-19-11 to 34-19-19) detailing board operations and licensure.
• Promulgates rules for education, practice scope, complaint investigations, and disciplinary actions (suspension, revocation, or fines up to $500 per violation); requires a public licensee directory.
• Imposes requirements for informed consent and client disclosures, including notice about risks of midwifery care, education, and the process for grievances and insurance status.
• Specifies that unlicensed practice is unlawful, with exceptions for nurse midwives, trainees under a licensed midwife, and gratuitous assistance by family or friends; provides liability protections for physicians and health providers.
• Requires documentation of birth certificates, emergency backup/transfer plans, and postnatal duties of the LM, including newborn care instructions and eye/national health screening guidance.
• Allows the board to levy administrative fines and to audit its finances; funds go to the State Treasury for board expenses; fees are nonrefundable except in certain circumstances.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Midwives