A. A licensed or unlicensed midwife shall disclose verbally and in written form to a prospective client at the outset of the professional relationship:
1. Which credential the midwife possesses, if any;
2. The limitations of the skills and practices of a midwife;
3. Whether the midwife carries malpractice insurance; and
4. A plan for emergencies and complications to include selection of a hospital in case of emergency.
B. The Advisory Committee on Midwifery shall prescribe the form of the informed choice and disclosure statement required to be used by a licensed or unlicensed midwife under this act. The form shall be posted on the website of the Department and shall include:
1. Credential of the midwife, if any;
2. Disclosure of experience as a midwife;
3. The date the license expires, if the midwife is licensed;
4. Documentation of compliance with continuing education requirements, if the midwife is licensed;
5. A description of the transfer or referral strategy;
6. Direction on where to find the scope of practice standards of a licensed midwife, as provided by rules of the State Commissioner of Health; and
7. Additional informed choice and disclosure statements approved by the Committee and provided by rule specific to vaginal birth after Caesarean (VBAC), vaginal breech birth and vaginal multiple birth.
C. The informed choice and disclosure statement shall include a notification that state law requires a newborn to be tested for certain heritable disorders and hypothyroidism, in the absence of a signed parental waiver from the State Department of Health.
D. A licensed midwife shall disclose to a prospective or actual client the procedure for reporting complaints to the Department.
Added by Laws 2020, c. 40, § 10, eff. Nov. 1, 2020.