The North American Registry of Midwives

Montana 
TITLE 37. PROFESSIONS AND OCCUPATIONS
CHAPTER 27. DIRECT-ENTRY MIDWIFERY

  
Part 1. General
37-27-101. Short title.
37-27-102. Purpose.
37-27-103. Definitions.
37-27-104. Exemptions.
37-27-105. General powers and duties of board -- rulemaking authority.
37-27-106 through 37-27-110 reserved.
37-27-111. Parents' rights regarding birth of baby.

Part 2. Licensure
37-27-201. Qualifications of applicants for license -- educational and practical experience requirements.
37-27-202. Examination -- preparation -- requirements.
37-27-203. Examination -- exemption.
37-27-204 reserved.
37-27-205. Provisional license -- apprentice license.
37-27-206 through 37-27-209 reserved.
37-27-210. Fees.
37-27-211 reserved.
37-27-212. Title restricted -- enjoining unlawful practice.
37-27-213. Repealed.
37-27-214 and 37-27-215 reserved.
37-27-216. Repealed.

Part 3. Regulation of Practice

37-27-301. Unlawful to practice without license.
37-27-302. Administration of prescription drugs prohibited -- exceptions.
37-27-303. Operative and surgical procedures prohibited -- exception.
37-27-304 through 37-27-309 reserved.
37-27-310. Privileged communications -- exceptions.
37-27-311. Informed consent.
37-27-312. Screening procedures.
37-27-313 and 37-27-314 reserved.
37-27-315. Physician consultation advised.
37-27-316 through 37-27-319 reserved.
37-27-320. Reports -- failure to report.
37-27-321. Filing of birth certificate.
37-27-322 through 37-27-324 reserved.
37-27-325. Violation -- penalties -- injunction -- manner of charging violation.

37-27-101. Short title. This chapter may be cited as the "Direct-Entry Midwifery Licensing Act".

     History: En. Sec. 1, Ch. 550, L. 1991.

 37-27-102. Purpose. The legislature finds and declares that because the practice of direct-entry midwifery affects the lives of the people of this state and because some Montanans may exercise their right to give birth where and with whom they choose, it is the purpose of this chapter to provide for the common good by regulating and ensuring the qualified and professional practice of direct-entry midwifery.

     History: En. Sec. 2, Ch. 550, L. 1991.

37-27-103. Definitions. As used in this chapter, the following definitions apply:
     (1) "Apprentice" means a person who is working under the supervision of a licensed direct-entry midwife and is seeking licensure as a direct-entry midwife under this chapter.
     (2) "Board" means the alternative health care board established in 2-15-1730.
     (3) "Continuous care" means care provided for one person from the initial history-taking interview through monthly prenatal, intrapartum, and postpartum periods.
     (4) "Direct-entry midwife" means a person who advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period.
     (5) "Licensee" means a person authorized by this chapter to practice direct-entry midwifery.
     (6) "Postpartum period" means the period up to 6 weeks following birth.
     (7) "Practice of direct-entry midwifery" means the advising, attending, or assisting of a woman during pregnancy, labor, natural childbirth, or the postpartum period.

     History: En. Sec. 3, Ch. 550, L. 1991; amd. Sec. 3, Ch. 524, L. 1991; amd. Sec. 59, Ch. 10, L. 1993.

37-27-104. Exemptions. This chapter does not limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed basic or advanced emergency medical technician. The practice of direct-entry midwifery does not constitute the practice of medicine, certified nurse-midwifery, or emergency medical care to the extent that a direct-entry midwife advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period when the pregnancy is not a high-risk pregnancy.

     History: En. Sec. 4, Ch. 550, L. 1991.

 37-27-105. General powers and duties of board -- rulemaking authority. (1) The board shall:
     (a) meet at least once annually, and at other times as agreed upon, to elect officers and to perform the duties described in this section; and
     (b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board's duties.
     (2) The board shall have the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively.
     (3) The board shall adopt rules to administer this chapter. The rules must include but are not limited to:
     (a) the development of a license application and examination, criteria for and grading of examinations, and establishment of examination and license fees commensurate with actual costs;
     (b) the issuance of a provisional license to midwives who filed the affidavit required by section 2, Chapter 493, Laws of 1989;
     (c) the establishment of criteria for minimum educational, apprenticeship, and clinical requirements that, at a minimum, meet the standards established in 37-27-201;
     (d) the development of eligibility criteria for client screening by direct-entry midwives in order to achieve the goal of providing midwifery services to women during low-risk pregnancies;
     (e) the development of procedures for the issuance, renewal, suspension, and revocation of licenses;
     (f) the adoption of disciplinary standards for licensees;
     
     (g) the development of standardized informed consent and reporting forms;
     (h) the adoption of ethical standards for licensed direct-entry midwives;
     (i) the adoption of supporting documentation requirements for primary birth attendants; and
     (j) the establishment of criteria limiting an apprenticeship that, at a minimum, meets the standards established in 37-27-201.

     History: En. Sec. 6, Ch. 550, L. 1991; amd. Sec. 84, Ch. 429, L. 1995.

   37-27-106 through 37-27-110 reserved.

37-27-111. Parents' rights regarding birth of baby. Except as otherwise provided by law, parents have a right to give birth where and with whom they choose.

     History: En. Sec. 1, Ch. 493, L. 1989. Sec. 37-75-101, MCA 1989; redes. 37-27-111 by Code Commissioner, 1991.

37-27-201. Qualifications of applicants for license -- educational and practical experience requirements. To be eligible for a license as a direct-entry midwife, an applicant:
     (1) must possess a high school diploma or its equivalent;
     (2) must be of good moral character and be at least 21 years of age;
     (3) shall satisfactorily complete educational requirements in pregnancy and natural childbirth, approved by the board, which must include but are not limited to the following:
     (a) provision of care during the antepartum, intrapartum, postpartum, and newborn period;
     (b) parenting education for prepared childbirth;
     (c) observation skills;
     (d) aseptic techniques;
     (e) management of birth and immediate care of the mother and the newborn;
     (f) recognition of early signs of possible abnormalities;
     (g) recognition and management of emergency situations;
     (h) special requirements for home birth;
     (i) intramuscular and subcutaneous injections;
     (j) suturing necessary for episiotomy repair;
     (k) recognition of communicable diseases affecting the pregnancy, birth, newborn, and postpartum periods;
     (l) assessment skills; and
     (m) the use and administration of drugs authorized in 37-27-302;
     (4) shall acquire practical experience, which may be attained in a home, clinic, or hospital setting. Practical experience attained in a hospital does not constitute training or supervision by the hospital, nor may a hospital be required to provide practical experience. At a minimum, this experience must include the following types and numbers of experiences acquired through an apprenticeship or other supervisory setting:
     (a) provision of 100 prenatal examinations;
     (b) observation of 40 births; and
     (c) participation as the primary birth attendant at 25 births, 15 of which included continuous care, as evidenced by:
     (i) birth certificates from Montana or another state;
     (ii) a signed affidavit from the birthing mother; or
     (iii) documented records from the person who supervised the births;
     (5) shall file documentation with the board that the applicant has been certified by the American heart association or American red cross to perform adult and infant cardiopulmonary resuscitation. Certification must be current at the time of application and remain valid throughout the license period; and
     (6) shall file documentation with the board that the applicant has been certified by the American academy of pediatrics or the American heart association to perform neonatal resuscitation. The applicant's certification must be current at the time of application and remain valid throughout the license period.

     History: En. Sec. 7, Ch. 550, L. 1991; amd. Sec. 7, Ch. 314, L. 1993; amd. Sec. 14, Ch. 230, L. 1999.

  37-27-202. Examination -- preparation -- requirements. (1) An examination for a license to practice direct-entry midwifery must be prepared by a certified nurse-midwife designated by the board in consultation with the physician on the board.
     (2) Examinations must be conducted once each year, be fair and impartial, and be sufficiently comprehensive to adequately test the applicant's competence and ability.
     (3) In order to be licensed, a person shall attain a passing grade on the examination, as set by the board.
     (4) A person who fails to achieve a passing grade on the examination may not engage in the practice of midwifery.

     History: En. Sec. 10, Ch. 550, L. 1991; amd. Sec. 8, Ch. 314, L. 1993.

   37-27-203. Examination -- exemption. (1) Except as provided in subsection (4), an applicant for a license as a direct-entry midwife shall pass a qualifying, written examination, prescribed by the board, that is designed to test knowledge of theory regarding pregnancy and childbirth and to test clinical judgment in midwifery management. If considered necessary, an oral interview may be conducted in addition to the written examination to determine the fitness of the applicant to practice as a direct-entry midwife.
     (2) Before an applicant may take the examination, the applicant shall demonstrate to the board that the educational and practical experience requirements in 37-27-201(3) and (4) have been met.
     (3) An applicant is exempt from the educational and practical experience requirements of 37-27-201(3) and (4) if the applicant has:
     (a) satisfactorily completed the first examination given by the board following July 1, 1991; and
     (b) filed supporting documentation, as required by the board by rule, certifying that the applicant has served as the primary birth attendant, providing continuous care at no less than 75 births within the 7 years prior to July 1, 1991, as verified by birth certificates from Montana or another state, a signed affidavit from the birthing mother, or documented records from the midwife.
     (4) Upon payment of the license fee established by the board, a nurse-midwife certified pursuant to 37-8-409 is exempt from the requirements of 37-27-201 and this section and may be licensed as a direct-entry midwife.

     History: En. Sec. 8, Ch. 550, L. 1991; amd. Sec. 9, Ch. 314, L. 1993.

37-27-204 reserved.

37-27-205. Provisional license -- apprentice license. (1) Upon payment of a $200 fee to the department of labor and industry, the board may grant an apprentice direct-entry midwife license to a person who:
     (a) is working under the personal supervision of a licensed direct-entry midwife, a certified nurse-midwife, a licensed physician, or a licensed naturopathic physician who is certified for the specialty practice of naturopathic childbirth attendance; and
     (b) is seeking licensure as a direct-entry midwife under this chapter.
     (2) An apprentice direct-entry midwife license is valid for a period prescribed by department of labor and industry rule and must be renewed at an interval established by the department of labor and industry, with a limit of four renewals.

     History: En. Sec. 9, Ch. 550, L. 1991; amd. Sec. 10, Ch. 314, L. 1993; amd. Sec. 32, Ch. 492, L. 1997; amd. Sec. 15, Ch. 230, L. 1999; amd. Sec. 133, Ch. 483, L. 2001.

37-27-206 through 37-27-209 reserved.

 37-27-210. Fees. (1) An applicant for a direct-entry midwife license shall, upon submitting an application to the board, pay an application fee set by the board, commensurate with costs.
     (2) An applicant required to take an examination shall, before commencement of the examination, pay an examination fee set by the board, commensurate with costs.
     (3) Before a license may be issued or renewed, an applicant shall pay a fee set by the board, commensurate with costs.
     (4) Subject to 37-1-101(6), money paid for application, examination, license, and license renewal fees must be deposited in the state special revenue fund for use by the board.
     (5) Fees are nonrefundable.

     History: En. Sec. 13, Ch. 550, L. 1991; amd. Sec. 11, Ch. 314, L. 1993.

 37-27-211 reserved.

 37-27-212. Title restricted -- enjoining unlawful practice. (1) A direct-entry midwife licensed under this chapter may use the term "licensed midwife" or "direct-entry midwife" as a title.
     (2) Only a direct-entry midwife licensed under this chapter may use the title "licensed midwife" or "direct-entry midwife".
     (3) The terms and titles in subsections (1) and (2) identify direct-entry midwives and are restricted to describing and identifying licensed practitioners and their practice. A person who uses these terms and titles to represent the person or the person's practice to the public without being licensed pursuant to this chapter is in violation of this chapter.
     (4) A violation of this chapter may be enjoined by the district court on petition by the board.

     History: En. Sec. 12, Ch. 314, L. 1993.

   37-27-213. Repealed. Sec. 128, Ch. 429, L. 1995.

     History: En. Sec. 14, Ch. 550, L. 1991.

 37-27-214 and 37-27-215 reserved.

37-27-216. Repealed. Sec. 128, Ch. 429, L. 1995.

     History: En. Sec. 16, Ch. 550, L. 1991.

 37-27-301. Unlawful to practice without license. It is unlawful for a person to practice direct-entry midwifery in this state without first obtaining a license under this chapter.

     History: En. Sec. 15, Ch. 550, L. 1991.

     37-27-302. Administration of prescription drugs prohibited -- exceptions. A licensed direct-entry midwife may not dispense or administer prescription drugs other than newborn vitamin K (oral or intramuscular preparations), pitocin (intramuscular) postpartum, xylocaine (subcutaneous), and, in accordance with ARM 16.24.215, prophylactic eye agents to newborn infants. These drugs may be administered only if prescribed by a physician.

     History: En. Sec. 11, Ch. 550, L. 1991.

    37-27-303. Operative and surgical procedures prohibited -- exception. A licensed direct-entry midwife may not perform any operative or surgical procedures except for an episiotomy and simple surgical repair of an episiotomy or simple second-degree lacerations.

     History: En. Sec. 12, Ch. 550, L. 1991

37-27-304 through 37-27-309 reserved.

  37-27-310. Privileged communications -- exceptions. A licensee may not disclose any information acquired from clients during consultation in a professional capacity except:
     (1) with the written consent of the client or, in the case of the client's death or mental incapacity, with the written consent of the client's personal representative or guardian;
     (2) that the licensee need not treat as confidential a communication otherwise confidential that reveals the contemplation of a crime by the client or any other person or that in the licensee's professional opinion reveals a threat of imminent harm to the client or others;
     (3) that if the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of the crime is the subject of inquiry;
     (4) that if the client or the client's personal representative or guardian brings an action against a licensee for a claim arising out of the client's interaction with the direct-entry midwife, the client is considered to have waived any privilege;
     (5) to the extent that the privilege is otherwise waived by the client;
     (6) when the client is seeking emergency medical treatment and the client's history is requested by the attending medical professional; and
     (7) as may otherwise be required by law.

     History: En. Sec. 17, Ch. 550, L. 1991.

   37-27-311. Informed consent. (1) Prior to accepting a woman for care, a licensed direct-entry midwife shall first obtain written, informed consent from the woman.
     (2) Informed consent must be evidenced by a written statement, in a form prescribed by the board and signed by the direct-entry midwife and the woman to whom care is to be given, in which the direct-entry midwife certifies that full disclosure has been made and acknowledged by the woman on the following:
     (a) the direct-entry midwife's educational background;
     (b) the nature and scope of the care to be given, including the possibility of and procedure for transport of the patient to a hospital;
     (c) the available alternatives to direct-entry midwifery care;
     (d) a description of the risks of home birth, primarily those conditions that may arise during delivery;
     (e) the fact that the patient has been advised to consult with a physician at least twice during the pregnancy;
     (f) whether the midwifery services provided are located more than 50 miles from the nearest hospital; and
     (g) that a health care provider's liability in rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is limited to damages caused by gross negligence or by willful or wanton acts or omissions.

     History: En. Sec. 18, Ch. 550, L. 1991.

     37-27-312. Screening procedures. In addition to meeting the eligibility criteria for client screening established by the board pursuant to 37-27-105, a direct-entry midwife shall recommend that patients secure the following services by an appropriate health care provider:
     (1) the standard serological test, as defined in 50-19-101, for women seeking prenatal care;
     (2) screening for human immunodeficiency virus, when appropriate;
     (3) maternal serum alpha-fetoprotein test and ultrasound, upon request;
     (4) Rh antibody and glucose screening at 28 weeks' gestation, upon request;
     (5) nonstress testing by a fetal monitor of a fetus at greater than 42 1/2 weeks' gestation or if other reasons indicate the testing;
     (6) screening for phenylketonuria;
     (7) Rh screening of the infant for RhoGAM treatment if the mother is Rh negative; and
     (8) screening for premature labor and other risk factors.

     History: En. Sec. 20, Ch. 550, L. 1991; amd. Sec. 1, Ch. 351, L. 2001.

37-27-313 and 37-27-314 reserved.

    37-27-315. Physician consultation advised. A licensed direct-entry midwife shall advise all women accepted for midwifery care to consult with a physician or certified nurse-midwife at least twice during the pregnancy.

     History: En. Sec. 21, Ch. 550, L. 1991.

37-27-316 through 37-27-319 reserved.

     37-27-320. Reports -- failure to report. (1) A licensed direct-entry midwife shall submit semiannually to the board, on forms supplied by the board, a summary report on each patient who was given care. The report must include vital statistics on each patient and information on the procedures and scope of care administered, including transport of the patient to a hospital and physician referrals, but may not include information disclosing the identity of the patient.
     (2) A licensed direct-entry midwife shall report within 72 hours to the board and to the department of public health and human services any maternal, fetal, or neonatal mortality or morbidity in patients for whom care has been given.
     (3) Failure of a direct-entry midwife to submit required reports constitutes grounds to deny renewal of a license.

     History: En. Sec. 19, Ch. 550, L. 1991; amd. Sec. 63, Ch. 418, L. 1995; amd. Sec. 92, Ch. 546, L. 1995.

    37-27-321. Filing of birth certificate. (1) When a birth occurs with a licensed direct-entry midwife in attendance, the direct-entry midwife shall prepare and file a birth certificate, as required by 50-15-221, with the department of public health and human services.
     (2) Failure of a direct-entry midwife to prepare and file the birth certificate constitutes grounds for the suspension or revocation of a license granted under this chapter.

     History: En. Sec. 22, Ch. 550, L. 1991; amd. Sec. 64, Ch. 418, L. 1995; amd. Sec. 1, Ch. 515, L. 1995; amd. Sec. 93, Ch. 546, L. 1995.

 37-27-322 through 37-27-324 reserved.

     37-27-325. Violation -- penalties -- injunction -- manner of charging violation. (1) A person who violates any provision of this chapter or any rule adopted pursuant to this chapter is guilty of a misdemeanor and is punishable by a fine not to exceed $500, by imprisonment in the county jail for a term of not more than 6 months, or both.
     (2) Notwithstanding any other provisions of this chapter, the board may maintain an action to enjoin a person from engaging in the practice of direct-entry midwifery until a license to practice direct-entry midwifery is obtained. A person who has been enjoined and who violates the injunction is punishable for contempt of court. The injunction does not relieve the person practicing direct-entry midwifery without a license from criminal prosecution. The remedy by injunction is in addition to remedies provided for criminal prosecution of the offender. In charging a person in a complaint for injunction or in an affidavit, information, or indictment with a violation of law by practicing direct-entry midwifery without a license, it is sufficient to charge that the person did, on a certain day and in a certain county, engage in the practice of direct-entry midwifery while not having a license to do so, without averring further or more particular facts concerning the violation.

     History: En. Sec. 23, Ch. 550, L. 1991.

Regulations

Sub-Chapter 6
Licensing and Scope of Practice - Direct-Entry Midwifery

24.111.601  MINIMUM DIRECT-ENTRY MIDWIFE EDUCATION STANDARDS  (1)  The board may approve a direct-entry midwife program or course of study which shall include instruction in a core program which requires each student to demonstrate competence in each of the following substantive content areas:

(a)     antepartum care, including:

(i)     preconceptional factors likely to influence pregnancy outcome;

(ii)     basic genetics, embryology and fetal development;

(iii)     anatomy and assessment of the soft and bony structure of the pelvis;

(iv)     identification and assessment of the normal changes of pregnancy, fetal growth and position;

(v)     nutritional requirements for pregnant women and methods of nutritional assessment and counseling;

(vi)     environmental and occupational hazards for pregnant women;

(vii)     education and counseling to promote health throughout the childbearing cycle;

(viii)     methods of diagnosing pregnancy;

(ix)     the etiology, treatment and referral, when indicated, of the common discomforts of pregnancy;

(x)     assessment of physical and emotional status, including relevant historical and psycho-social data;

(xi)     counseling for individual birth experiences, parenthood and changes in the family;

(xii)     indications for, risks and benefits of screening/diagnostic tests used during pregnancy;

(xiii)     etiology, assessment of, treatment for and appropriate referral for abnormalities of pregnancy;

(xiv)     identification of, implications of and appropriate treatment for various STD/vaginal infections during pregnancy;

(xv)     special needs of the Rh negative woman; and

(xvi)     identification and care of women who are HIV positive, have hepatitis or other communicable and non-communicable diseases.

(b)     intrapartum care, including:

(i)     normal labor and birth processes;

(ii)     anatomy of the fetal skull and its critical landmarks;

(iii)     parameters and methods for assessing maternal and fetal status, including relevant historical data;

(iv)     emotional changes and support during labor and delivery;

(v)     comfort and support measures during labor, birth, and immediately postpartum;

(vi)     techniques to facilitate the spontaneous vaginal delivery of the baby and placenta;

(vii)     etiology, assessment of, appropriate referral or transport of and/or emergency measures (when indicated) for the mother or newborn for abnormalities of the four stages of labor;

(viii)     anatomy, physiology, and supporting normal adaptation of the newborn to extrauterine life;

(ix)     familiarity with medical interventions and technologies used during labor and birth; and

(x)     assessment and care of the perineum and surrounding tissues, including suturing necessary for perineal repair.

(c)     postpartum care, including:

(i)     anatomy and physiology of the postpartum period;

(ii)     anatomy and physiology and support of lactation, and appropriate breast care and assessment;

(iii)     parameters and methods for assessing and promoting postpartum recovery;

(iv)     etiology and methods for managing the discomforts of the postpartum period;

(v)     emotional, psycho-social and sexual changes which may occur postpartum;

(vi)     nutritional requirement for women during the postpartum period;

(vii)     etiology, assessment of, treatment for and appropriate referral for abnormalities of the postpartum period;

(viii)     methods to assess the success of the breastfeeding relationship and identify lactation problems, and mechanisms for making appropriate referrals;

(ix)     suturing necessary for episiotomy repair;

(x)     dispensing and administering pitocin (intramuscular) postpartum; and

(xi)     dispensing and administering xylocaine (subcutaneous).

(d)     neonatal care, including:

(i)     anatomy and physiology of the newborn's adaptation and stabilization in the first hours and days of life;

(ii)     parameters and methods for assessing newborn status, including relevant historical data at gestational age;

(iii)     nutritional needs of the newborn;

(iv)     ARM and MCA standards for an administration of prophylactic treatments commonly used during the neonatal period;

(v)     ARM and MCA standards for indications, risks and benefits of, and method of performing common screening tests for the newborn; and

(vi)     etiology, assessment of (including screening and diagnostic tests), emergency measures and appropriate transport/referral or treatments for neonatal abnormalities.

(e)     health and social sciences, including:

(i)     communication, counseling and teaching techniques, including the areas of client education and interprofessional collaboration;

(ii)     human anatomy and physiology relevant to human reproduction;

(iii)    ARM and MCA standards of care, including midwifery and medical standards for women during the childbearing cycle;

(iv)     inter-professional communication and collaboration with community health and social resources for women and children;

(v)     significance of and methods for thorough documentation of client care through the childbearing cycle;

(vi)     informed decision making;

(vii)     health education, health promotion, and self care;

(viii)   the principles of clean and aseptic techniques, and universal precautions;

(ix)     psychosocial, emotional and physical components of human sexuality, including indications of common problems and method of counseling;

(x)     ethical considerations relevant to reproductive health;

(xi)     epidemiologic concepts and terms relevant to perinatal and women's health;

(xii)    the principles of how to access and evaluate current research relevant to midwifery practice;

(xiii)     family centered care, including maternal, infant and family bonding;

(xiv)     identification of an appropriate referral of disease in women and their families; and,

(xv)     the importance of accessibility, quality health care for all women that includes continuity of care, and special requirements for home births.

(2)     The applicant shall submit certificates of completion or certified transcripts sent directly from the institution, as verification the education is equivalent to or exceeds the minimum direct-entry midwife educational standards required by the board's laws and rules.

(3)     The applicant shall submit course and program descriptions, from the time of applicant's graduation or completion, found in pertinent institution catalogs and brochures, to verify the training received fulfills minimum direct-entry midwife educational standards.

(4)     The board reserves the right to evaluate individual applications as to their compliance with equivalent direct-entry midwife educational standards, on a case-by-case basis, in the sole discretion of the board.  (History:  37-27-105, MCA; IMP, 37-27-201, MCA; NEW, 1992 MAR p. 2722, Eff. 12/25/92; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.602  DIRECT-ENTRY MIDWIFE APPRENTICESHIP REQUIREMENTS  (1)  The direct-entry midwife apprenticeship license program shall be that instructional period composed of practical experience time obtained under the personal supervision of a supervisor approved by the board.  A direct- entry midwife apprentice shall not work alone, except at the discretion of the licensed supervisor under level III as defined below.

(2)     Applicants for a direct-entry midwife apprenticeship license shall submit a completed application with the proper fee, a current CPR card indicating certification to perform adult and infant cardiopulmonary resuscitation, a supervision agreement and a curriculum outline or method of academic learning that meets the board's educational rule requirements for licensure.  A supervision agreement shall include:

(a)     name of supervisor who shall be a licensed direct- entry midwife, a certified nurse midwife, a licensed naturopathic physician who is certified for the specialty practice of childbirth attendance or a physician licensed under Title 37, chapter 3, MCA;

(b)     agreement of parties that supervisor will provide personal supervision of the direct-entry midwife apprentice during levels I and II, and may, at the supervisor's discretion, allow the direct-entry midwife apprentice to work under indirect supervision during level III only;

(c)     agreement of supervisor to supervise no more than four direct-entry midwife apprentices at the same time.

(3)     A level I direct-entry midwife apprenticeship is served under the personal supervision of the licensed supervisor, with a focus on prenatal care.  To complete level I, the direct-entry midwife apprentice shall:

(a)     observe 40 births;

(b)     provide 20 prenatal examinations;

(c)     complete level I skills checklist;

(d)     submit evaluation of skills and educational progress form, with written verification by supervisor of completion of level I.

(4)     A level II direct-entry midwife apprenticeship is served under the personal supervision of the licensed supervisor, with a focus on birth, postpartum and newborn care. To complete level II, the direct-entry midwife apprentice shall:

(a)     attend 10 births as primary birth attendant, which births are verified by signed birth certificates, or affidavit from supervisor;

(b)     provide 40 prenatal examinations;

(c)     submit prenatal protocols;

(d)     complete level II skills checklist;

(e)     submit evaluation of skills and educational progress form, with written verification by supervisor of completion of level II.

(5)     A level III direct-entry midwife apprenticeship is served as either level III-A, as defined below, under the personal supervision of the licensed supervisor or as level III-B, as defined below, under indirect supervision.  The focus of level III shall be continuous prenatal, perinatal and postnatal care.  To complete level III, the direct-entry midwife apprentice shall:

(a)     complete 15 continuous care births as the primary attendant, which are verified by signed birth certificates, or affidavit from supervisor;

(i)     documentation of 15 continuous care births must show at least five prenatal visits beginning on or before the 28th week of gestation, as determined by last menstrual period or sonogram, and include one post-natal visit.  Ten of the 15 continuous care births must have occurred under the personal supervision of a qualified supervisor.

(b)     provide 40 prenatal examinations;

(c)     submit protocols for birth, postpartum and newborn care;

(d)     complete level III skills checklist;

(e)     submit evaluation of skills and educational progress form, with written verification by supervisor of completion of level III.

(6)     Level III direct-entry midwife apprentices are separated as follows:

(a)     A level III-A direct-entry midwife apprentice shall require personal supervision in the form of the physical presence of the licensed supervisor;

(b)     A level III-B direct-entry midwife apprentice shall require indirect supervision in that the physical presence of the licensed supervisor is not always required.  Level III-B may only be implemented upon prior board approval after the following requirements have been met:

(i)     verification of completion of 10 personally supervised continuous care births, as required by ARM 24.111.604;

(ii)     verification of completion of at least 75% of educational/academic requirements for full licensure;

(iii)    a formal outline of the method of indirect supervision communication shall be submitted in writing to the board for approval, which shall include supervisor chart review and may include telephone contact supervision.

(7)     Direct-entry midwife apprenticeship applicants who have, at the time of application, through an apprenticeship or other supervisory setting, participated as the primary birth attendant at 25 births, 15 of which included continuous care, may enter directly into direct-entry midwife apprenticeship license level III-B.  The 25 births and 15 continuous care births shall be evidenced by the signed birth certificate as primary birth attendant, an affidavit from the birth mother or documented records from the applicant, as shown on the birth experience form prescribed by the board.

 (a)     Documentation of 15 continuous care births must show at least five prenatal visits beginning on or before the 28th week of gestation, as determined by last menstrual period or sonogram, and include one post-natal visit.  Ten of the 15 continuous care births must have occurred under the personal supervision of a qualified supervisor.

(8)     To be approved by the board as a supervisor of a direct-entry midwife apprentice, each supervisor shall:

(a)     be currently licensed in good standing as a direct- entry midwife, a certified nurse midwife, a licensed naturopathic physician who is certified for the specialty practice of naturopathic childbirth attendance or a physician licensed under Title 37, chapter 3, MCA.  A licensed direct-entry midwife supervisor shall have been licensed for one year and have 20 continuous care births as primary attendant, before becoming a supervisor for level II and III apprentices, except for those licensees who have successfully passed the first licensing exam administered by the board.  A licensed direct-entry midwife who has not been licensed for one year and/or completed 20 continuous care births may only supervise level I apprentices;

(b)     review and sign all documents required by the board under the direct-entry midwife apprenticeship program;

(c)     supervise no more than four direct-entry midwife apprentices at the same time;

(d)     notify the board in writing of any change in the supervisory relationship, including advancement from personal to indirect supervision, termination of the supervisory relationship or any other relevant changes;

(e)     be directly responsible for all activities undertaken by the apprentice(s) under their supervision agreement.  Violation of the board statutes or rules may result in license discipline action against the direct-entry midwife apprentice, or supervisor, or both.  (History:  37-27-105, MCA; IMP, 37-27-201, 37-27-205, 37-27-210, 37-27-321, MCA; NEW, 1992 MAR p. 2498, Eff. 11/26/92; AMD, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 2000 MAR p. 456, Eff. 2/11/00; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.603  DIRECT-ENTRY MIDWIFE PROTOCOL STANDARD LIST REQUIRED FOR APPLICATION  (1)  The antepartum protocol standards include, but are not limited to, the following:

(a)     abruptio placenta (suspected);

(b)     anemia;

(c)     bleeding, first, second and third trimesters;

(d)     breech presentation;

(e)     candidiasis;

(f)     care schedule;

(g)     date/size discrepancy;

(h)     ectopic pregnancy;

(i)     fetal demise first, second, third trimester;

(j)     genetic counsel;

(k)     glycosuria/glucose screen;

(l)     group beta strep;

(m)     hepatitis B;

(n)     HIV;

(o)     human papilloma virus (HPV);

(p)     hyperemesis gravidarum;

(q)     internal pelvic examination;

(r)     intrauterine growth retardation;

(s)     minor pregnancy discomfort (heartburn, constipation, insomnia, etc.);

(t)     placenta previa (suspected);

(u)     polyhydramnios;

(v)     post dates pregnancy;

(w)     pregnancy induced hypertension (mild, severe);

(x)     proteinuria;

(y)     Rh negative;

(z)     sexually transmitted diseases (chlamydia, herpes, bacterial vaginosis, gonorrhea, trichomosis, etc.);

(aa)     transfer of care/termination of midwife-parent relationship;

(ab)     twins (diagnosis of);

(ac)     ultrasound (indications for);

(ad)     urinary tract infection;

(ae)     vaginal birth after cesarean.

(2)     The intrapartum protocol standards include, but are not limited to, the following:

(a)     amnionitis/chorioamnionitis;

(b)     bleeding in labor;

(c)     care schedule;

(d)     edematous cervical lip;

(e)     emergency breech delivery;

(f)     emergency twin delivery;

(g)     face presentation;

(h)     fetal distress;

(i)     fetal heart rate evaluation;

(j)     indications for transfer of care;

(k)     meconium staining;

(l)     nuchal cord;

(m)     oxygen in labor;

(n)     perineal support;

(o)     placenta abruptio;

(p)     posterior fetal presentation;

(q)     premature labor;

(r)     prolonged rupture of membranes;

(s)     prolapsed cord;

(t)     shoulder dystocia;

(u)     stillbirth;

(v)     vaginal birth after cesarean.

(3)     The postpartum protocol standards include, but are not limited to, the following:

(a)     assessment of placenta;

(b)     breast care;

(c)     care schedule;

(d)     delivery of placenta;

(e)     depression;

(f)     hematoma;

(g)     hemorrhage;

(h)     hemorrhoids;

(i)     perineal second degree laceration or episiotomy repair (suture);

(j)     preparation of mother for transport;

(k)     retained placenta (manual removal);

(l)     Rh negative mom;

(m)     shock;

(n)     subinvolution;

(o)     uterine infection;

(p)     uterine inversion.

(4)  The newborn protocol standards include, but are not limited to, the following:

(a)     care schedule (postpartum visits);

(b)     eye prophylaxis;

(c)     hypoglycemia (suspected);

(d)     hypothermia;

(e)     infection (suspected sepsis)

(f)     evaluation of jaundice;

(g)     neonatal resuscitation;

(h)     newborn examination to include gestational age determination and assessment of minor anomalies;

(i)     newborn metabolic screening;

(j)     normal newborn transition to include maintenance of body temperature, cardiopulmonary function;

(k)     normal infant feeding patterns;

(l)     polycythemia (suspected);

(m)     preparation of infant for transport;

(n)     problems of large- and small-for-gestational-age infants;

(o)     respiratory distress;

(p)     umbilical cord care;

(q)     vitamin K administration.  (History:  37-1-131, 37-27-105, MCA; IMP, 37-27-201, MCA; NEW, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01.)

24.111.604  LICENSING BY EXAMINATION  (1)  Applicants for direct-entry midwifery licensure by examination shall submit a completed application with the proper fees and supporting documents, at least 90 days prior to the examination date, to the board office.  Applications for licensure by examination shall expire one year from the date of receipt of the application.  An applicant who, for any reason, fails or neglects to take the examination within the year shall be required to file another application and submit another application fee.  Supporting documents shall include:

(a)     written documentation of good moral character consisting of three letters of reference, at least one of which must be from a licensed direct-entry midwife;

(b)     a copy of a certified transcript sent directly from a high school, showing evidence the applicant has graduated from the school;

(c)     a GED or other high school equivalency program certificate of completion; or

(d)     any other documents, affidavits and certificates required by 37-27-201 or 37-27-203, MCA, whichever is applicable, and board rules;

(i)     documentation of 15 continuous care births must show at least five prenatal visits beginning on or before the 28th week of gestation, as determined by last menstrual period or sonogram, and include one postnatal visit.  Ten of the 15 continuous care births must have occurred under the personal supervision of a qualified supervisor.

(2)     All applicants shall take the North American registry of midwives (NARM) examination as endorsed by the board, or any other examination to be prescribed or endorsed by the board, and have their scores reported to the board office by the proper NARM interstate reporting service, or its equivalent.  All applicants for NARM examination shall:

(a)     sit for the NARM examination only when administered by the board, at its designated Montana site, or when administered by proper NARM officials in conjunction with the annual midwives alliance of North America (MANA) national meeting;

(b)     achieve a scaled score of 75%.

(3)     All applicants shall comply with the adult and infant cardiopulmonary resuscitation certification requirement set forth in 37-27-201, MCA, and provide a photocopy of a current CPR card, which must remain valid throughout the license period.

(4)     Applicants who fail the licensing examination twice shall in addition to being retested, file in advance with the board a plan regarding arrangements for securing further professional training and experience.  (History:  37-27-105, MCA; IMP, 37-27-201, 37-27-202, 37-27-203, MCA; NEW, 1992 MAR p. 2048, Eff. 9/11/92; AMD, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1998 MAR p. 529, Eff. 2/27/98; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.605  LICENSURE OF OUT-OF-STATE APPLICANTS  (1)  A license to practice as a direct-entry midwife in the state of Montana may be issued at the discretion of the board provided the applicant completes and files with the board an application for licensure and the required application fee.  Applications for licensure from out-of-state applicants shall expire one year from the date of receipt of the application.  The candidate must meet the following requirements:

(a)     The candidate holds a current, valid and unrestricted license to practice as a direct-entry midwife in another state or jurisdiction, which was issued under standards equivalent to or greater than current standards in this state.  Official written verification of such licensure status must be received by the board directly from the other state(s) or jurisdiction(s);

(b)     The candidate shall supply a copy of a high school diploma or its equivalent, plus verification in the form of certified transcripts sent directly from an institute of higher education, or certificates of completion from other courses of study, indicating the candidate has successfully completed educational requirements in pregnancy and natural childbirth, approved by the board as per ARM 24.111.601;

(c)     The candidate shall supply proof of successful completion of all parts of the North American registry of midwives (NARM) examination with a scaled score of 75 or higher.  Candidate scores on the examination must be forwarded by the exam agency directly to the board;

(d)     Candidates who were licensed without sitting for the NARM examination shall supply proof of successful completion of a qualifications examination (acceptable to the board) administered by the licensing authority of the state or jurisdiction granting the license.

(e)     The candidate shall supply written documentation of good moral character consisting of three letters of reference, at least one of which must be from a licensed direct-entry midwife;

(f)     The candidate shall supply a copy of the laws and rules from the state of licensure, which were in effect at the time the license was granted in the other state.  (History:  37-27-105, MCA; IMP, 37-1-304, 37-27-202, MCA; NEW, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 1998 MAR p. 921, Eff. 4/17/98; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01.)

Rules 24.111.606 through 24.111.609 reserved

24.111.610  HIGH RISK PREGNANCY:  CONDITIONS REQUIRING PRIMARY CARE BY A PHYSICIAN  (1)  If the following conditions are present, the licensed direct-entry midwife shall not accept the woman as a client:

(a)     Chronic medical problems:

(i)     cardiac disease (Class II or greater);

(ii)     diabetes mellitus (Class II or greater);

(iii)     essential hypertension (greater than 140/90 Hg, not controlled by medication);

(iv)     hemoglobinopathies:

(v)     renal disease (chronic, diagnosed, not urinary tract infection);

(vi)     thrombophlebitis or pulmonary embolism;

(vii)     epilepsy currently on medication;

(viii)     current severe psychiatric condition requiring medication within a six month period prior to pregnancy;

(ix)     active:  tuberculosis, syphilis, gonorrhea, strep B, hepatitis, AIDS, genital herpes at onset of labor;

(x)     current drug or alcohol abuse/dependency;

(xi)     current malignant disease;

(xii)     chronic obstructive pulmonary disease, except for controlled asthma.

(b)     Current pregnancy related conditions:

(i)     pregnancy induced hypertension (pre-eclamptic or eclamptic symptoms);

(ii)     premature labor (before 36 1/2 weeks gestation verified estimated date of delivery by dates and physical exam);

(iii)     placental abruption;

(iv)     placenta previa at onset of labor;

(v)     has a fetus in any presentation other than vertex at onset of labor;

(vi)     multiple gestation;

(vii)     contracts primary genital herpes in the first trimester;

(viii)   Rh sensitization.

(c)     Previous obstetrical history:

(i)     previous Rh sensitization;

(ii)     history of inverted uterus.  (History:  37-27-105, MCA; IMP, 37-27-105, MCA; NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1995 MAR p. 2684, Eff. 12/8/95; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.611  CONDITIONS WHICH REQUIRE PHYSICIAN CONSULTATION OR TRANSFER OF CARE  (1)  If the following conditions are present in a client, the direct-entry midwife shall attempt to consult a physician and/or transfer care to a physician.  A certified nurse midwife or licensed direct-entry midwife shall also be consulted if appropriate attempts to consult a physician have been unsuccessful.  Documentation of the condition, recommendation (including continuation of care by the licensed direct-entry midwife, if appropriate) and treatment must be maintained in the client records.  Conditions include, but are not limited to the following:

(a)     Prenatal factors:

(i)     severe hyperemesis;

(ii)     rubella contracted in the first or second trimester;

(iii)     maternal anemia (hemoglobin less than 10, hematocrit less than 30) unresponsive within one month of treatment;

(iv)     oligohydramnios (suspected);

(v)     polyhydramnios (suspected);

(vi)     premature rupture of membranes at less than 36 1/2 weeks;

(vii)    post term at 42 weeks by dates and physical exam;

(viii)     large for gestational age (LGA) or small for gestational age (SGA) (suspected);

(ix)     Rh sensitization in present pregnancy (not resulting from recent Rhogam);

(x)     history of severe postpartum hemorrhage requiring transfusion;

(xi)     known serious maternal viral/bacterial infection at term;

(xii)     blood pressure greater than 140/90 or increase of 30 mm Hg systolic or 15 mm Hg diastolic over baseline, that is unresolved within seven days;

(xiii)     develops signs and symptoms of pre-eclampsia;

(xiv)     develops signs and symptoms of gestational diabetes;

(xv)     has unresolved vaginitis that requires antibiotic treatment;

(xvi)    has unresolved urinary tract infection;

(xvii)     continued vaginal bleeding before onset of labor;

(xviii)     signs of fetal distress including prolonged fetal tachycardia (more than 170) or prolonged fetal bradycardia (less than 100), or fetal demise;

(xix)     persistent fever;

(xx)     history of pre-term delivery (less than 36 1/2 weeks);

(xxi)     positive maternal diagnosis of HIV;

(xxii)     abnormal Pap smear (showing atypia or CIN);

(xxiii)  all condylomas;

(xxiv)     grand multiparity;

(xxv)     maternal age less than 16 or greater than 40;

(xxvi)     history of previous stillbirth;

(xxvii)     history of incompetent cervix;

(xxviii)     history of previous birth with Erb's Palsy or fractured clavicle or humerus;

(xxix)     history of neonatal anomaly; or

(xxx)     history of previous cesarean birth.

(b)     Labor, birth risks, and postpartum factors:

(i)     significant fetal distress including prolonged fetal tachycardia (more than 170) or prolonged fetal bradycardia (less than 100);

(ii)     unengaged vertex above -3 station in primipara in active labor;

(iii)     fever of 102 degrees Fahrenheit or greater;

(iv)     prolonged rupture of membranes (greater than 24 hours with no progress of labor);

(v)     thick meconium stained fluid with delivery not imminent;

(vi)     severe bleeding prior to or during delivery;

(vii)     maternal respiratory distress;

(viii)     mother desires consult or transfer;

(ix)     maternal hemorrhage uncontrolled by IM pitocin;

(x)     third or fourth degree perineal laceration;

(xi)     signs of infection;

(xii)     evidence of thrombophlebitis.

(c)     Newborn risk factors:

(i)     less than three vessels in umbilical cord;

(ii)     Apgar score less than 7 at five minutes;

(iii)     fails to urinate or move bowels within 24 hours;

(iv)     obvious anomaly;

(v)     respiratory distress;

(vi)     cardiac irregularities;

(vii)    pale cyanotic or gray color;

(viii)     abnormal cry;

(ix)     jaundice within 24 hours of birth;

(x)     signs of prematurity, dysmaturity, or post-maturity;

(xi)     lethargic;

(xii)    has edema;

(xiii)     signs of hypoglycemia;

(xiv)     abnormal facial expression;

(xv)     abnormal body temperature (outside the 97-100ºF range, not resolved within one hour;

(xvi)     abnormal neurological signs, including jitteriness, decreased tones, seizures or poor sucking reflex; or

(xvii)     inability to nurse after 12 hours.  (History:  37-27-105, MCA; IMP, 37-27-105, MCA; NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1994 MAR p. 386, Eff. 2/25/94; AMD, 1995 MAR p. 2684, Eff. 12/8/95; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.612  VAGINAL BIRTH AFTER CESAREAN (VBAC) DELIVERIES  (1)  A licensed direct-entry midwife shall not assume primary responsibility for prenatal care and/or birth attendance for women who have had a previous cesarean section, unless all of the following conditions are met:

(a)     An informed consent statement, on a form prescribed by the board, shall be signed by all prospective VBAC parents and the licensee, and retained in the licensee's records.  The form shall include:

(i)     VBAC educational information, including history of VBAC and client's own personal information;

(ii)     associated risks and benefits of VBAC at home;

(iii)    a workable hospital transport plan;

(iv)     alternatives to VBAC at home;

(v)     other information as required by the board.

(b)     A workable hospital transport plan must be established for home VBAC.  The plan shall include:

(i)     provision for physician/hospital back-up, e.g., through the physician/hospital policy on back-up;

(ii)     place of birth within 30 minutes of transport to the nearest hospital able to perform an emergency cesarean;

(iii)     readily available phone numbers for physician back-up and nearest hospital, in writing, in client's records;

(iv)     phone contact with nearest hospital at onset of labor and prior to any transport to notify that transport is in progress; and at conclusion of home birth if no transport is necessary.

(c)     Licensee shall obtain prior doctor/hospital cesarean records, in writing, prior to acceptance of the woman as a client, and shall analyze the indication for the previous cesarean, and retain the records and a written assessment of the physical and emotional considerations in licensee's files. Records which show a previous classical uterine/vertical incision are a contraindication to VBAC at home, and shall require immediate transfer of care of the client.  If a licensee is unable to obtain written records, the licensee shall not retain the woman as a client.

(d)     VBAC deliveries shall be performed by a fully licensed midwife (not an apprentice licensee), skilled with VBAC support, able to assess true complications and emergencies, to be present from the onset of active labor, throughout the immediate postpartum period.

(2)     The board shall conduct a "sunset" review, including the necessity for and safety of the VBAC rule, on or about May, 2001, or five years from the effective date of this rule.  (History:  37-27-105, MCA; IMP, 37-27-105, MCA; NEW, 1996 MAR p. 1829, Eff. 7/4/96; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.613  REQUIRED REPORTS  (1)  A licensed direct-entry midwife shall submit semiannual summary reports on each client, covering the six-month period of January 1 through July 1, or July 1 through January 1 as appropriate, as required by 37-27-320, MCA.  The reports are due on or before January 15 and July 15 of each year.

(2)     A licensed direct-entry midwife who is supervising a licensed midwife apprentice shall be responsible for filing the statutorily required 72 hour mortality/morbidity report and the semiannual summary report on clients seen by a level I, II or III apprentice who is not approved for indirect supervision.

(a)     A level III apprentice direct-entry midwife, approved by the board for indirect supervision, shall be responsible for filing the statutorily required 72 hour mortality/morbidity report and the semiannual summary report.

(b)     Certified nurse midwife, physician or naturopathic supervisors of an apprentice direct-entry midwife shall be responsible to ensure the level I, II or III (not approved for indirect supervision) apprentice files the statutorily required 72 hour mortality/morbidity report and the semiannual summary reports.  (History:  37-27-105, MCA; IMP, 37-27-320, MCA; NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642.)

Sub-Chapters 7 through 20 reserved

Sub-Chapter 21
Renewals and Continuing Education

24.111.2101  RENEWAL  (1)  All naturopathic physician licenses, naturopathic specialty certificates and direct-entry midwife licenses will expire each year, on the date set by ARM 8.2.208, unless otherwise provided by statute.  A renewal notice will be sent by the board to each license/certificate holder to the last address in the board's files.  Failure to receive such notice shall not relieve the license/certificate holder of his/her obligation to pay renewal fees in such a manner that they are received by the department on or before the renewal date.  All licensees must submit the proper renewal fee, proper documentation of completion of appropriate continuing education hours as required by statute or rule and any other forms or documents required by the board.

(2)     A renewed license shall be valid for one year following the expiration date of the previously held license/certificate.

(3)     The fee for any licensee who fails to renew or submit a renewal fee prior to the expiration date shall be increased by 50% of his renewal fee.  Renewals may not be processed until all fees are paid.

(4)     Any person failing to renew a license within six months of the expiration date will be considered to have forfeited the license.  The licensee shall reapply to the board in order to be relicensed to practice naturopathic medicine or direct-entry midwifery in this state.  (History: 37-26-201, 37-27-105, MCA; IMP, 37-26-201, 37-27-105, MCA; NEW, 1992 MAR p. 555, Eff. 3/27/92; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642.)

24.111.2102  NATUROPATHIC PHYSICIAN CONTINUING EDUCATION REQUIREMENTS  (1)  In accordance with 37-26-201(9), MCA, the Montana board of alternative health care hereby establishes requirements for the continuing education of licensed naturopaths as a condition of license renewal.  Training for entry into the field is not considered adequate assurance of continued competence throughout a naturopath's career.  Fulfillment of continuing education requirements is viewed as one necessary vehicle for maintaining standards of professional practice and for assuring the public of a high standard of naturopathic services.

(2)     The board/staff will not preapprove continuing education programs or sponsors.  Qualifying criteria for continuing education are specified in these rules.  It is the responsibility of the licensees to select quality programs that contribute to their knowledge and competence which also meet these qualifications.

(a)     The continuing education program must meet the following criteria:

(i)     The activity must have significant intellectual or practical content.  The activity must deal primarily with substantive naturopathic issues as contained in the scope of practice of naturopathy in Montana.  In addition, the board may accept continuing education activities from other professional groups or academic disciplines if the licensee demonstrates that the activity is substantially related to his or her role as a naturopath.  A continuing education program is defined as a class, institute, lecture, conference, workshop, cassette or video tape.

(ii)     The activity itself must be conducted by an individual or group qualified by practical or academic experience.

(iii)    All acceptable continuing education courses must issue a program or certificate of completion containing the following information:  full name and qualifications of the presentor; title of the presentation attended; number of hours and date of each presentation attended; name of sponsor; and description of the presentation format.

(iv)     Preparation for and presentment of a program shall be allowed at the rate of one continuing education credit for each hour of preparation or presentment, limited to one presentation of the program.  No more than three credits of continuing education presentations will be allowed.

(v)     Excluded are programs that promote a company, individual or product (hosted programs are not approved), and programs whose subject is practice economics except those programs specifically dealing with workers' compensation or public health.

(b)     Implementation for continuing education shall be as follows:

(i)     One continuing education credit shall be granted for each hour of participation in the continuing education activity excluding breaks and meals.  A licensed naturopath must earn at least 15 continuing education credits within the 12 months prior to renewal on April 30 of each year.  (Five must be in naturopathic pharmacy, five additional in obstetrics if licensee has childbirth specialty certificate.)  A maximum of two credits by cassette or videotape will be allowed.  A certificate of completion or an outline of course content must be submitted by the licensee for each cassette or videotape for the maximum two continuing education credits to be granted.  The total number of continuing education credits obtained via the internet and/or correspondence courses will be limited to three credits.

(ii)     No continuing education is required for naturopaths renewing their license for the first time.

(iii)    All licensed naturopaths must submit to the board, on the appropriate year's license renewal, a report summarizing their obtained continuing education credits.  The board will review these reports prior to October 30 of that same year and notify the licensee regarding his/her noncompliance.  Licensees found to be in noncompliance with the requirement will be asked to submit to the board for approval a plan to complete the continuing education requirements for licensure.  Prior to the next consecutive year's license renewal deadline, those licensees who were found to be in noncompliance will be formally reviewed to determine their eligibility for license renewal.  Licensees, who at this time have not complied with continuing education requirements, will not be granted license renewal until they have fulfilled the board-approved plan to complete the requirements.  Those not receiving notice from the board regarding their continuing education should assume satisfactory compliance.  Notices will be considered properly mailed when addressed to the last known address on file in the board office.  No continuing education used to complete delinquent continuing education plan requirements for licensure may be used to meet the continuing education requirements for the next continuing