reglab/housing_qa huggingface dataset:
MT Code § 37-27-102 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 1. General|37-27-102. Purpose

  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.
MT Code § 37-27-103 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 1. General|37-27-103. Definitions

  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.
MT Code § 37-27-104 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 1. General|37-27-104. Exemptions

  37-27-104. Exemptions. This chapter does not limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed emergency care provider. 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; amd. Sec. 10, Ch. 220, L. 2019.
MT Code § 37-27-105 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 1. General|37-27-105. General powers and duties of board -- rulemaking authority

  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 Title 37, chapter 1, and 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 has 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 may include but are not limited to:   (a) the establishment of criteria for minimum educational, apprenticeship, and clinical requirements that, at a minimum, meet the standards established in 37-27-201;   (b) the development of eligibility criteria for client screening by direct-entry midwives to achieve the goal of providing midwifery services to women during low-risk pregnancies;   (c) the development of standardized informed consent and reporting forms;   (d) the adoption of ethical standards for licensed direct-entry midwives;   (e) the adoption of supporting documentation requirements for primary birth attendants; and   (f) 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; amd. Sec. 27, Ch. 224, L. 2003; amd. Sec. 35, Ch. 271, L. 2003; amd. Sec. 77, Ch. 467, L. 2005.
MT Code § 37-27-106 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 1. General|37-27-106. through 37-27-110 reserved

  37-27-106 through 37-27-110 reserved.
MT Code § 37-27-111 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 1. General|37-27-111. Parents' rights regarding birth of baby

  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.
MT Code § 37-27-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-201. Qualifications of applicants for license -- educational and practical experience requirements

  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.
MT Code § 37-27-202 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-202. Examination -- preparation -- requirements

  37-27-202. Examination -- preparation -- requirements. (1) An examination for a license to practice direct-entry midwifery must be prepared by a national testing agency approved by 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 must 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; amd. Sec. 28, Ch. 224, L. 2003.
MT Code § 37-27-203 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-203. Examination -- exemption

  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.
MT Code § 37-27-204 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-204. reserved

  37-27-204 reserved.
MT Code § 37-27-205 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-205. Provisional license -- apprentice license

  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.
MT Code § 37-27-206 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-206. through 37-27-209 reserved

  37-27-206 through 37-27-209 reserved.
MT Code § 37-27-210 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-210. Fees

  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.   (2) Before a license may be issued or renewed, an applicant shall pay a fee set by the board.   (3) Fees are nonrefundable.   History: En. Sec. 13, Ch. 550, L. 1991; amd. Sec. 11, Ch. 314, L. 1993; amd. Sec. 78, Ch. 467, L. 2005.
MT Code § 37-27-211 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-211. reserved

  37-27-211 reserved.
MT Code § 37-27-212 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-212. Title restricted -- enjoining unlawful practice

  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.
MT Code § 37-27-213 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-213. Repealed

  37-27-213. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 14, Ch. 550, L. 1991.
MT Code § 37-27-214 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-214. and 37-27-215 reserved

  37-27-214 and 37-27-215 reserved.
MT Code § 37-27-216 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 2. Licensure|37-27-216. Repealed

  37-27-216. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 16, Ch. 550, L. 1991.
MT Code § 37-27-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-301. Unlawful to practice without license

  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.
MT Code § 37-27-302 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-302. Administration of prescription drugs prohibited -- exceptions

  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 administrative rules adopted by the department of public health and human services, 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; amd. Sec. 42, Ch. 44, L. 2007.
MT Code § 37-27-303 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-303. Operative and surgical procedures prohibited -- exception

  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.
MT Code § 37-27-304 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-304. through 37-27-309 reserved

  37-27-304 through 37-27-309 reserved.
MT Code § 37-27-310 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-310. Privileged communications -- exceptions

  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.
MT Code § 37-27-311 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-311. Informed consent

  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.
MT Code § 37-27-312 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-312. Screening procedures

  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.
MT Code § 37-27-313 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-313. and 37-27-314 reserved

  37-27-313 and 37-27-314 reserved.
MT Code § 37-27-315 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-315. Physician consultation advised

  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.
MT Code § 37-27-316 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-316. through 37-27-319 reserved

  37-27-316 through 37-27-319 reserved.
MT Code § 37-27-320 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-320. Reports -- failure to report

  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.
MT Code § 37-27-321 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-321. Filing of birth certificate

  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.
MT Code § 37-27-322 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 27. Direct-Entry Midwifery|Part 3. Regulation of Practice|37-27-322. through 37-27-324 reserved

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