HB344 Alabama 2017 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

Regular Session 2017

Title

Lay midwives, State Board of Registration for Lay Midwifery, created, powers and duties, qualifications necessary to register, penalties, Secs. 19-34-30 to 19-34-40, inclusive, added; Secs. 22-9A-7, 34-19-1 to 34-19-10, inclusive, am'd.

Summary

HB344 creates a Safe Birth Options framework, establishing a lay midwifery board, registering lay midwives to assist at birthing centers under strict rules, and providing liability protections for certain providers.

What This Bill Does

The bill establishes a five-member State Board of Registration for Lay Midwifery to regulate lay midwives, requiring registered lay midwives to complete approved education, pass an exam, carry professional liability insurance, and renew their registration with ongoing education. It allows registered lay midwives to assist with deliveries only at licensed birthing centers (not home births) and requires informed consent, emergency care plans, and proper transfer if higher risk conditions arise, with penalties for violations. It provides civil immunity to physicians, health care practitioners, or hospitals that treat a mother, unborn child, or newborn after lay midwifery services, and updates birth-certificate filing rules for births outside institutions.

Who It Affects

• Lay midwives who want to practice must register with the new board, meet education and exam requirements, maintain liability insurance, complete ongoing education, and renew annually.
• Birthing centers must be near hospitals, be licensed to provide prenatal/postpartum care, and host registered lay midwives under the act, with required informed consent and emergency planning.
• Physicians, health care practitioners, and hospitals receive civil immunity for post-delivery care connected to lay midwifery services and may treat patients at birthing centers under the act.
• Mothers and newborns receive care from registered lay midwives within defined safety rules, along with required birth documentation, informed consent, and updated birth certificates when births occur outside hospitals.

Key Provisions

• Creates the Safe Birth Options Act and designates new Article 2 for Lay Midwives and a State Board of Registration for Lay Midwifery to implement the act.
• Establishes a five-member Board (three lay midwives, one physician, one certified nurse midwife); Board duties include registering lay midwives, enforcing rules, disciplining registrations, and collecting fees; Board is subject to Sunset Law.
• Defines Birthing Center, Low Risk Pregnancy, Lay Midwife, and other terms; requires birthing centers to be near hospitals and adhere to safety standards.
• Sets registration requirements for lay midwives: must be 21+, pass a background check, hold credential from MEAC-recognized education, carry $1,000,000 occurrence/$3,000,000 aggregate liability insurance, and meet IC/MEAC education standards; registration lasts 1 year with continued education (20 CEUs/2 years) and peer review.
• Allows lay midwives to provide services only in birthing centers (not home births); prohibits certain procedures (e.g., pharmacological induction, surgery except emergency episiotomy, use of forceps/vacuum, most anesthesia/narcotics); requires transfer to a health practitioner for high-risk situations.
• Requires informed consent documents, emergency care plans, and specific record-keeping; lay midwives may order certain tests and must file birth certificates; physicians or lay midwives present at births outside institutions may file the birth certificate.
• Imposes penalties for non-registration (Class C felony) but provides immunity to other providers for care related to lay midwifery; clarifies liability rules and that this does not broaden medical liability standards.
• Amends birth-record procedures to include attendance by lay midwives or physicians at non-institutional births in the filing sequence.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Midwives