Bills › 90th General Assembly

HF 265Signed by Governor · June 1, 2023

Relating to midwife licensure, providing for fees, and making penalties applicable

Sponsored by the House Ways and Means Committee

Topics:Taxes

Same legislation: HSB 80

Where it is now

  1. Done: IntroducedJanuary 24, 2023
  2. Done: SubcommitteeJanuary 24, 2023
  3. Done: House committeeFebruary 8, 2023
  4. Done: Passes the HouseMarch 21, 202391–3
  5. Done: Senate committeeMarch 29, 2023
  6. Done: Passes the SenateMay 3, 202346–2
  7. Done: To the GovernorMay 11, 2023
  8. Done: Signed into lawJune 1, 2023

Signed into law What’s a funnel?

What’s in it

AI summary Starting in July 2024, people practicing midwifery in Iowa must obtain a license and follow rules set by a new board of midwifery. This law protects the title "licensed midwife" and ensures insurance companies cover their services the same way they cover other maternity care. Certain groups, such as students, emergency responders, and those providing traditional services in specific communities, are not required to have this license.1

Read the official explanation

This bill relates to the practice of midwifery in Iowa. The bill requires a person practicing midwifery in Iowa to obtain a license to practice beginning July 1, 2024. The bill exempts from regulation health care providers providing services consistent with midwifery, members of Native American tribes or Mennonite or Amish communities providing traditional midwife services, persons who gratuitously engage in the practice of the religious tenets of a church or a religious act, student midwives, and persons rendering emergency aid. Prior to obtaining a midwifery license, a person must be at least years of age, submit proof of a high school diploma or equivalent, submit a fee, submit proof of having completed an educational program or pathway, and hold a current certified professional midwife certificate from the North American registry of midwives. The bill prohibits any person other than a licensed midwife from using the title “licensed midwife”. The bill provides an alternative means to completion of an educational program or pathway for persons who received a certified professional midwife certification prior to July 1, 2024, or who received a license from a state that does not require completion of an educational program or pathway. The bill creates the board of midwifery to regulate the practice of midwifery in Iowa and makes conforming changes to Code chapters 147 and 272C. The bill requires the board to adopt certain rules for the practice of midwifery and prohibits the board from adopting rules allowing a licensed midwife to order or administer narcotics, limiting the locations where a midwife may practice, or requiring a midwife to practice under a collaborative practice agreement with another health care provider. The bill provides certain requirements for initial appointments of members to the board of midwifery. The bill limits the liability of a health care provider accepting a transfer of clients from a licensed midwife with respect to outcomes that are the result of actions of the midwife. The bill also requires insurance providers that provide maternity benefits to cover maternity services provided by licensed midwives on the same terms as for similar benefits provided by other providers.

Changed since by amendment S-3218; see Amendments.

Full bill text · What changed before it passed2

Senate subcommittee

Named April 4, 2023. Meeting: Wednesday, April 5 · 8:30 AM · Room 217 Conference Room.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

9 written public comments to its subcommittee: April 5, 2023 (1), March 28, 2023 (2), March 28, 2023 (2), February 27, 2023 (2), February 1, 2023 (2) · on the Legislature’s site

Fiscal note

Cost: up to $149,000 Compare with other bills

AI summary This bill requires midwives to be licensed through the Board of Nursing and creates a Midwifery Advisory Council. The Department of Health and Human Services estimates initial start-up costs of $149,000 in fiscal year 2024 and ongoing annual costs of $43,000 for the state's General Fund. The bill also directs the Board of Nursing to establish a licensing fee to cover these costs.3

Read the fiscal note

Description

House File 265 requires a person practicing midwifery in Iowa to obtain a license through the Board of Nursing in order to practice beginning July 1, 2024, with exclusions listed for certain classes. The Bill prohibits any person other than a licensed midwife from using the title “licensed midwife.” The Bill also creates a Midwifery Advisory Council under the Board of Nursing to advise the Board regarding licensure, continuing education requirements, standards of practice, professional ethics, disciplinary actions, and other issues related to midwifery. House File 265 also limits the liability of a health care provider that accepts clients transferred from a licensed midwife. The Bill requires insurance providers to extend maternity benefits to cover maternity services provided by licensed midwives on the same terms as similar services provided by other health care providers.

Assumptions

  • The Department of Health and Human Services (HHS) will require start-up costs for the new licensing board, including for the following: staff time needed to establish the new licensing board; time for researching and developing administrative rules for licensure and discipline; and time for updating the licensing software application to establish the new board and all of the associated requirements for licensure.
  • The number of current and future certified professional midwives (CPMs) is unknown. It is estimated that there are approximately 14 active CPMs practicing in the State of Iowa.

Fiscal Impact

The HHS reports that initial start-up costs of establishing a new licensing board would require an estimated $149,000 in FY 2024. Of this amount, $94,000 is attributable to database modification costs, $25,000 is for administrative and staffing costs, and $30,000 is for support costs paid to the Attorney General’s Office.

Ongoing costs are anticipated by the HHS to be $43,000 annually. Of this amount, $13,000 is for administrative and staffing costs and $30,000 is for support costs paid to the Attorney General’s Office.

The Bill directs the Board of Nursing to establish a licensing fee through the administrative rules process based on these costs.

Sources

  • Department of Health and Human Services
  • Board of Nursing

How the estimate changed

  1. $216,000 March 8, 2023
  2. $149,000 May 3, 2023
  3. $149,000 May 10, 2023 · final
4

Reading a fiscal note5

Iowa Code it changes

Creates§148I.1§148I.2§148I.3§148I.4§148I.5§148I.6§514C.12A

Amends§147.1§147.13§147.14§147.74§272C.1§272C.4

How the Code works6

Lobbying

7 for · 7 against · 16 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in 2 earlier General Assemblies. None became law, though one got through a chamber.

  • HF 2547 Relating to midwife licensure, providing for fees, and making penalties applicable
    89th General Assembly · Passed House · same title
    Passed a chamber
  • HF 2291 Relating to midwife licensure, providing for fees, and making penalties applicable
    89th General Assembly · Renumbered as HF 2547 · nearly identical
    Cleared committee
  • HSB 522 HSB 522
    88th General Assembly · In committee · very similar
    Cleared committee

Matched by wording or an identical title.