Mass. Gen. Laws ch. 112, sec. 291 — MA Code / Part I / Title XVI / Chapter 112 / Section 291
Practice of midwifery by a licensed certified professional midwife
Status: in_force

Section 291. (a) The practice of midwifery by a licensed certified professional midwife shall include, but shall not be limited to: (i) the practice of providing maternity care to a client during the preconception period and the antepartum, intrapartum and postpartum periods of a low-risk pregnancy; (ii) the practice of providing newborn care; and (iii) prescribing, dispensing or administering pharmaceutical agents consistent with section 295. (b) A licensed certified professional midwife shall accept and provide care to clients only in accordance with the scope and standards of practice under this section and regulations promulgated by the board pursuant to section 292. (c) The practice of midwifery shall not constitute the practice of medicine, certified nurse-midwifery or emergency medical care. (d) Nothing in this section shall regulate, restrict or prohibit the practice, service or activities of: (i) a person licensed in the commonwealth from engaging in activities within the scope of practice of the profession or occupation for which such person is licensed, including, but not limited to, the practice of a licensed physician, certified nurse-midwife or certified emergency medical technician; provided, however, that such person does not represent to the public, directly or indirectly, that such person is licensed under section 293 and that such person does not use any name, title or designation indicating that such person is licensed under said section 293; (ii) a person employed as a midwife by the federal government or an agency thereof if that person provides midwifery services solely under the direction and control of the organization by which such person is employed; (iii) a traditional birth attendant who provides midwifery services to a client that has cultural or religious birth traditions that have historically included the attendance of traditional birth attendants; provided, however, that no fee for the traditional birth attendant's services is contemplated, charged or received and the birth attendant serves only individuals and families in a distinct cultural or religious group; (iv) persons who are members of Native American communities and provide traditional midwife services to their communities; or (v) any person rendering aid in an emergency.

Section 291. (a) The practice of midwifery by a licensed certified professional midwife shall include, but shall not be limited to:

(i) the practice of providing maternity care to a client during the preconception period and the antepartum, intrapartum and postpartum periods of a low-risk pregnancy;

(ii) the practice of providing newborn care; and

(iii) prescribing, dispensing or administering pharmaceutical agents consistent with section 295.

(b) A licensed certified professional midwife shall accept and provide care to clients only in accordance with the scope and standards of practice under this section and regulations promulgated by the board pursuant to section 292.

(c) The practice of midwifery shall not constitute the practice of medicine, certified nurse-midwifery or emergency medical care.

(d) Nothing in this section shall regulate, restrict or prohibit the practice, service or activities of:

(i) a person licensed in the commonwealth from engaging in activities within the scope of practice of the profession or occupation for which such person is licensed, including, but not limited to, the practice of a licensed physician, certified nurse-midwife or certified emergency medical technician; provided, however, that such person does not represent to the public, directly or indirectly, that such person is licensed under section 293 and that such person does not use any name, title or designation indicating that such person is licensed under said section 293;

(ii) a person employed as a midwife by the federal government or an agency thereof if that person provides midwifery services solely under the direction and control of the organization by which such person is employed;

(iii) a traditional birth attendant who provides midwifery services to a client that has cultural or religious birth traditions that have historically included the attendance of traditional birth attendants; provided, however, that no fee for the traditional birth attendant's services is contemplated, charged or received and the birth attendant serves only individuals and families in a distinct cultural or religious group;

(iv) persons who are members of Native American communities and provide traditional midwife services to their communities; or

(v) any person rendering aid in an emergency.