Amendment vs bill Amendment Report for Senate Bill No. 2741 vs As Passed the upper

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MISSISSIPPI LEGISLATURE REGULAR SESSION 2025 By:
House Amendments to Senate Bill No.
Senator(s) Parker, Blackwell, Jackson, To:
2741 TO THE SECRETARY OF THE SENATE:
Public Health and England, Williams, Barrett, Tate Welfare SENATE BILL NO.
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
2741 (As Passed the Senate) AN ACT TO PROVIDE FOR THE LICENSURE OF PROFESSIONAL MUSIC THERAPISTS BY THE STATE DEPARTMENT OF HEALTH;
AMENDMENT NO.
TO PROVIDE FOR DEFINITIONS;
1 AMEND on lines 150 and 151 by deleting the words "practice music therapy or" AMEND on line 336 by deleting the following language:
TO PROVIDE FOR THE ESTABLISHMENT, APPOINTMENT AND MEMBERSHIP OF THE MUSIC THERAPY ADVISORY COMMITTEE;
", and shall stand repealed on June 30, 2025" AMEND FURTHER the title on line 9 by deleting the words "PRACTICE MUSIC THERAPY OR" HR20\SB2741A.J AMENDMENT NO.
TO DIRECT THE DEPARTMENT TO SEEK THE ADVICE OF THE ADVISORY COMMITTEE FOR ISSUES RELATED TO MUSIC THERAPY;
2 AMEND by deleting Section 12 and inserting in lieu thereof the following:
TO PROVIDE FOR THE POWERS AND DUTIES OF THE ADVISORY COMMITTEE;
"SECTION 12.
TO PROVIDE THAT BEGINNING ON JANUARY 1, 2026, NO PERSON WITHOUT A LICENSE AS A PROFESSIONAL MUSIC THERAPIST SHALL PRACTICE MUSIC THERAPY OR USE ANY TITLE THAT IMPLIES THAT THE PERSON IS A PROFESSIONAL MUSIC THERAPIST;
Short Title.
TO PRESCRIBE CERTAIN REQUIREMENTS FOR PROFESSIONAL MUSIC THERAPISTS IN THE PROVISION OF MUSIC THERAPY SERVICES;
This act shall be known and may be cited as the "Mississippi Midwifery License Law." SECTION 13.
TO PROVIDE FOR LICENSURE APPLICATION AND QUALIFICATIONS FOR LICENSURE;
Legislative Purpose.
TO PROVIDE FOR LICENSE RENEWAL;
(1) The midwifery model of care emphasizes patient-centered care that considers the whole S.
TO PROVIDE FOR DISCIPLINARY ACTIONS AGAINST LICENSEES;
TO DIRECT THE STATE BOARD OF HEALTH TO SET CERTAIN FEES;
TO CREATE A SPECIAL FUND IN THE STATE TREASURY;
TO REQUIRE THAT ALL FEES COLLECTED BY THE DEPARTMENT UNDER THIS ACT SHALL BE DEPOSITED INTO THE SPECIAL FUND;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
The intent of this chapter is to recognize that music therapy affects public health, safety and welfare and that the practice of music therapy should be subject to regulation;
to assure the highest degree of professional conduct on the part of music therapists;
to guarantee the availability of music therapy services provided by a qualified professional to persons in need S.
No.
2741 PAGE 1 person and prioritizes autonomy, consent and collaboration;
2741 *SS08/R593PS* ~ OFFICIAL ~ G3/5 25/SS08/R593PS PAGE 1 of those services;
focuses on maximizing the health and wellness of a woman and her baby;
and to protect the public from the practice of music therapy by unqualified individuals.
and attends to the emotional, social and spiritual aspects of pregnancy and birth.
SECTION 2.
Professional midwives offer an evidence-based model of perinatal care that views birth as a normal physiologic process and seeks medical expertise and interventions as warranted.
As used in this chapter, the following terms shall be defined as provided in this section:
Increased access to professional midwives positively affects maternal and infant health outcomes.
(a) "Advisory committee" means the Music Therapy Advisory Committee.
(2) Midwifery is a profession in its own right and it is not the practice of medicine.
(b) "Board" means the State Board of Health.
Community-based midwives have historically served an indispensable public health role in promoting the health and well-being of Mississippi mothers and infants.
(c) "Board-certified music therapist" means an individual who holds current board certification from the Certification Board for Music Therapists.
Mississippi's current rates of preterm births, low birth weights, infant mortality, maternal mortality, and rural hospital closures would benefit from increased access to professional midwifery care in community settings.
(d) "Department" means the State Department of Health.
(3) Research demonstrates that integration and coordination across birth settings and maternity care providers promote high-quality, cost-effective care.
(e) "Director" means the Executive Director of the State Department of Health or his or her designee.
Specifically, the integration of community-based midwives into regional maternity care systems is a key determinant of improving perinatal outcomes.
(f) "Licensed professional music therapist" (LPMT) means a person licensed to practice music therapy under this chapter.
Regulation of the practice of professional midwifery is necessary to facilitate the integration of professional midwives into Mississippi's maternity care system.
(g) "Music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals for people of all ages and ability levels within a therapeutic relationship by a board-certified music therapist.
PAGE 22741 (4) Parents have the freedom to choose the manner, place, and attendant for giving birth.
Music therapists develop music therapy treatment plans specific to the needs and strengths of the client, who may be seen individually or in groups.
Regulating and licensing professional midwives in community settings will increase access to birthing options for the families of Mississippi and preserve parental choice.
Music therapy treatment plans are individualized for each client.
(5) Within the State of Mississippi, mothers and families seek out alternatives to hospital births and they find significant value in perinatal services offered in community settings.
The goals, objectives and potential strategies of the music therapy services are appropriate S.
The term "midwife" connotes to consumers and the community an expectation of professionalism and a minimum level of competency and care.
B.
Community-based midwives are currently serving Mississippi families in the absence of any licensure mechanism.
No.
(6) Therefore, the Legislature authorizes the recognition and licensure of the practice of professional midwifery in community settings.
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 2 for the client and setting.
For the purpose of increasing the access to midwifery care in the community setting, providing for the health and welfare of women and infants, the Legislature declares that the Mississippi Midwifery Licensure Law shall provide for the licensure of professional midwives, create mechanisms for oversight and accountability, facilitate informed consent, and preserve parental freedom and choice in the setting for which they give birth.
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The music therapy interventions may include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention and movement to music.
SECTION 14.
The practice of music therapy does not include the screening, diagnosis or assessment of any physical, mental or communication disorder.
Definitions.
The term "music therapy" may include, but is not limited to:
As used in this act, the following terms shall be defined as provided in this section:
(i) Accepting referrals for music therapy services from medical, developmental, mental health or education professionals, family members, clients, caregivers or others involved and authorized with provision of client services;
PAGE 32741 (a) "Antepartum" means the stage of care that begins when a pregnant woman presents herself for care during pregnancy and ends at the onset of labor.
(ii) Conducting a music therapy assessment of a client to determine if treatment is indicated.
(b) "Apprentice" means an individual at the apprenticeship level of midwifery training who is obtaining clinical experience under the supervision of a qualified, licensed midwife by providing midwifery care under the supervision of such a preceptor.
If treatment is indicated, the licensee collects systematic, comprehensive and accurate information to determine the appropriateness and type of music therapy services to provide for the client;
(c) "Board" means the Mississippi State Board of Licensed Midwifery, which is created in Section 6 of this act.
(iii) Developing an individualized music therapy treatment plan for the client that is based upon the results of the music therapy assessment.
(d) "Certified nurse midwife" means an advanced practice registered nurse certified by the American Midwifery Certification Board whose practice is regulated by Section 73-15-1 et seq.
The music therapy treatment plan includes individualized goals and objectives that focus on the assessed needs and strengths of the client and specify music S.
(e) "Client" means an individual receiving professional midwifery services from a licensed midwife.
B.
Because the midwifery model of care characterizes pregnancy as a normal physiologic process rather than a medical event, the term "client" is preferred over the term "patient" by professional midwives as well as the families they serve.
No.
Within this act, however, the term "patient" may also be used to refer to an individual receiving professional midwifery services from a licensed midwife.
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 3 therapy approaches and interventions to be used to address these goals and objectives;
(f) "Intrapartum" means occurring from the onset of labor until after the delivery of the placenta.
(iv) Implementing an individualized music therapy treatment plan that is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care or educational services being provided to the client;
PAGE 42741 (g) "Licensed midwife" means an individual who practices professional midwifery in community settings and has met the licensing requirements established by this act and its implementing rules as promulgated by the board.
(v) Evaluating the client's response to music therapy and the music therapy treatment plan, documenting change and progress and suggesting modifications, as appropriate;
(h) "Neonate" means a newborn child in its first four (4) weeks of life.
(vi) Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, physician or other provider of health care or education of the client, family members of the client and any other appropriate person upon whom the client relies for support;
(i) "Neonatal period" means the first four (4) weeks of a child's life.
(vii) Minimizing any barriers to ensure that the client receives music therapy services in the least restrictive environment;
(j) "Normal" means, as applied to the antepartum, intrapartum and postpartum periods and the neonatal period, and as defined by board rule, circumstances under which a midwife has determined that a client does not have a condition that requires medical intervention.
(viii) Collaborating with and educating the client and the family, caregiver of the client or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs;
(k) "Physician" means an individual engaged in the practice of medicine and duly licensed by the State Board of Medical Licensure whose practice is regulated by Section 73-25-1 et seq.
and S.
(l) "Postpartum period" means the first six (6) weeks after a woman has given birth.
B.
(m) "Professional midwifery" means the studied, skilled practice of providing primary maternity care consistent with a midwife's training, education and experience to women and neonates during the antepartum, intrapartum and postpartum periods.
No.
SECTION 15.
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 4 (ix) Using appropriate knowledge and skills to inform practice, including use of research, reasoning and problem solving skills to determine appropriate actions in the context of each specific clinical setting.
Applicability.
SECTION 3.
This act does not apply to:
(1) There is created within the department the Music Therapy Advisory Committee, which shall consist of five (5) members.
PAGE 52741 (a) A certified nurse midwife, a physician or any health care professional licensed by the state who is providing care within the scope of his or her license;
(2) The director shall appoint all members of the advisory committee.
(b) A student midwife who is engaged in didactic learning and providing clinical care supervised by a licensed midwife;
The advisory committee shall consist of persons familiar with the practice of music therapy to provide the department with expertise and assistance in carrying out its duties under this chapter.
(c) A doula, childbirth instructor, lactation consultant or other layperson offering nonclinical support during the antepartum, intrapartum and postpartum periods;
(3) The director shall appoint members of the advisory committee to serve for terms of four (4) years.
or (d) Any person who assists with childbirth in an emergency where medical or midwifery care is not available.
Three (3) members shall be licensed to practice as music therapists in this state;
SECTION 16.
one (1) member shall be a licensed health care provider who is not a music therapist;
Scope of practice;
and one (1) member shall be a consumer of music therapy services.
practice parameters;
(4) Members shall receive no compensation for their services, but shall be reimbursed for their expenses actually incurred in the performance of their duties, including mileage, as provided in Section 25-3-41.
mandatory procedures;
(5) Members may serve consecutive terms in the discretion of the director.
prohibitions;
Any vacancy shall be filled in the same manner as the regular appointments.
discrimination prohibited.
S.
(1) The scope of practice of licensed midwives shall consist of:
B.
(a) Providing primary maternity care that is consistent with a midwife's training, education and experience to low-risk women and their neonates during normal antepartum, intrapartum and postpartum periods, as further articulated by the board based on definitions established by national and international professional associations and certifying bodies;
No.
(b) Nonprescriptive family planning and basic well-woman care, including, but not limited to, Pap tests, sexually transmitted infection screenings, preconception PAGE 62741 screenings, and other acts, tasks, or functions authorized by the board;
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 5 (6) The initial appointments to the advisory committee shall consist of three (3) music therapists who are not licensed under this chapter but who have been engaged in their respective practices for at least three (3) years.
and (c) Consulting and collaborating with other licensed health care providers, including, but not limited to, the referral of women or their neonates to a higher level of care with an appropriate licensed health care provider when the licensed midwife determines that the pregnancy, labor, delivery, postpartum period or neonatal period may not be classified as normal as defined by this act or according to rules promulgated by the board.
Once licensing under this chapter is implemented, music therapists appointed to the advisory committee must hold the requisite license.
(2) Prescriptive authority and the possession and administration of controlled substances by licensed midwives are prohibited.
SECTION 4.
When acting within their scope of practice, licensed midwives may obtain, transport, and administer the following medications:
(1) The advisory committee shall meet at least once per year or as otherwise called by the director.
(a) Vitamin K;
(2) The department shall seek the advice of the advisory committee for issues related to music therapy.
(b) Antihemorrhagic agents;
(3) The board shall consult with the advisory committee before setting or changing fees in this chapter.
(c) Local anesthetics;
(4) The advisory committee may facilitate the development of materials that the department may use to educate the public concerning music therapist licensure, the benefits of music therapy and use of music therapy by individuals and in facilities or institutional settings.
(d) Oxygen;
(5) The advisory committee may act as a facilitator of statewide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization and the department.
(e) Prophylactic eye agents;
(6) The advisory committee shall provide an analysis of disciplinary actions taken, appeals and denials or revocation of licenses at least once per year.
(f) RhoGam or other prophylactic immunoglobulins;
S.
(g) Intravenous fluids;
B.
and PAGE 72741 (h) Any other drug that is consistent with the scope of practice of professional midwifery in community settings and is authorized by the board by rule.
No.
(3) A licensed midwife may directly obtain supplies and devices, medications within the scope of practice, order and obtain screening tests including ultrasound tests, and receive verbal and written reports of the results of those tests as necessary for the practice of professional midwifery in community settings and consistent with the scope of practice of licensed midwives.
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 6 SECTION 5.
(4) Licensed midwives shall:
Beginning on January 1, 2026, no person without a license as a professional music therapist shall practice music therapy or use the title "music therapist," "licensed professional music therapist," "LPMT" or similar title that implies that the person is a professional music therapist.
(a) Register and maintain current contact information with the board following procedures developed by the board and promulgated by rule for the publication of an official roster of licensed midwives.
Nothing in this chapter may be construed to prohibit or restrict the practice, services or activities of the following:
(b) Register births with the State Registrar of Vital Records in accordance with the rules promulgated by the State Department of Health.
(a) Any person licensed, certified or regulated under the laws of this state in another profession or occupation, including physicians, psychologists, psychoanalysts, registered nurses, marriage and family therapists, social workers, occupational therapy practitioners, professional or rehabilitation counselors, speech-language pathologists or audiologists or personnel supervised by a licensed professional, performing work, including the use of music, incidental to the practice of his or her licensed, certified or regulated profession or occupation, if that person does not represent himself or herself as a music therapist;
(c) Report client statistical data to the board or other national entities as required by rules promulgated by the board.
or (b) Any person whose training and national certification attests to the individual's preparation and ability to practice his or her certified profession or occupation, if that person does not represent himself or herself as a music therapist;
(d) Provide certain disclosures in writing at the inception of care for a client, including, but not limited to, the following:
or (c) Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music S.
PAGE 82741 (i) The licensed midwife's education, training and qualifications;
B.
(ii) The licensed midwife's criteria for referring a client to a licensed health care provider for a higher level of care;
No.
(iii) The licensed midwife's criteria for effecting an emergency transfer to a hospital;
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 7 therapy program, if the student does not represent himself or herself as a music therapist;
(iv) Whether the midwife has malpractice liability insurance coverage in effect and, if so, the policy limitations of that coverage;
or (d) Any person who practices music therapy under the supervision of a licensed professional music therapist, if the person does not represent himself or herself as a music therapist.
(v) Notice that the licensed midwife has certain statistical data reporting obligations to the board that are not optional but that may be anonymized;
SECTION 6.
(vi) The licensed midwife's disciplinary history with the board, including whether any disciplinary action is currently pending against them by the board;
(1) Before a licensed professional music therapist provides music therapy services to a client for an identified clinical or developmental need, the licensee shall review the client's diagnosis, treatment needs and treatment plan with the health care providers involved in the client's care.
(vii) The procedures a client can take to initiate disciplinary action against a licensed midwife;
Before a licensed professional music therapist provides music therapy services to a student for an identified educational need in a special education setting, the licensee shall review with the individualized family service plan or individualized education program team the student's diagnosis, treatment needs and treatment plan.
and (viii) Any other information required by rules promulgated by the board.
(2) During the provision of music therapy services to a client, the licensed professional music therapist shall collaborate, as applicable, with the client's treatment team, including the client's physician, psychologist, licensed clinical social worker or other mental health professional.
(5) It shall be unlawful for licensed midwives to:
During the provision of music therapy services to a client with a communication disorder, the licensed professional music therapist shall collaborate and discuss the music therapy treatment plan with the client's audiologist or speech-language pathologist so S.
(a) Perform surgical procedures other than episiotomies or repairs of perineal lacerations;
B.
PAGE 92741 (b) Use forceps or vacuum extraction;
No.
(c) Aid or abet an unlicensed person to practice as a licensed midwife;
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 8 that a music therapist may work with the client and address communication skills.
(d) Negligently, willfully, or intentionally act in a manner inconsistent with the health and safety of those entrusted to the licensed midwife's care;
(3) When providing educational or health care services, a licensed professional music therapist may not replace the services provided by an audiologist, a speech-language pathologist or an occupational therapy practitioner.
(e) Engage in substandard, unprofessional or dishonorable conduct, or any other form of misconduct as defined by the board;
Unless authorized to practice speech-language pathology, music therapists may not evaluate, examine, instruct or counsel on speech, language, communication and swallowing disorders and conditions.
and (f) Engage in any other act, task or function prohibited in rules promulgated by the board.
An individual licensed as a professional music therapist may not represent to the public that the individual is authorized to treat a communication disorder.
(6) Nothing in this act shall be construed to permit the practice of medicine by licensed midwives since midwifery is not the practice of medicine.
This does not prohibit an individual licensed as a professional music therapist from representing to the public that the individual may work with clients who have a communication disorder and address communication skills.
SECTION 17.
SECTION 7.
State Board of Licensed Midwifery created;
(1) The department shall issue a license to an applicant for a music therapy license when the applicant has completed and submitted an application upon a form and in such manner as prescribed by the department, accompanied by applicable fees, and evidence satisfactory to the department that:
composition;
(a) The applicant is at least eighteen (18) years of age;
powers and duties.
(b) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, including clinical training S.
(1) The State Board of Licensed Midwifery is created to regulate autonomous professional midwifery practice in community settings within Mississippi.
B.
(a) The board shall consist of nine (9) persons and be comprised of:
No.
(i) Six (6) midwives each of whom has at least two (2) years experience in Mississippi in the practice of midwifery in community settings;
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 9 hours, from a music therapy program within an accredited college or university;
PAGE 10741 (ii) One (1) perinatal care provider who is certified by a national professional organization;
(c) The applicant is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant;
(iii) One (1) member who represents the public and who is not practicing or trained in a health care profession, and who is a parent with at least one (1) child born with the assistance of a midwife or a certified nurse midwife;
and (d) The applicant provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board-certified music therapist.
and (iv) The Executive Director of the State Department of Health or his or her designee.
(2) The department shall issue a license to an applicant for a music therapy license when the applicant has completed and submitted an application upon a form and in such manner as prescribed by the department, accompanied by applicable fees, and evidence satisfactory to the department that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this chapter at the date of application.
(b) The appointed board members shall be resident citizens of the State of Mississippi and appointed by the Governor.
The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
The Governor shall accept and consider lists of nominees from any interested individual or organization, and shall prioritize the appointment of nominees made by the following organizations or their successors:
S.
(i) The State Department of Health;
B.
(ii) The Association of Mississippi Midwives;
No.
(iii) The Mississippi Perinatal Quality Collaborative;
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 10 (3) The department shall issue a license to an applicant for a music therapy license when the applicant has completed and submitted an application not later than January 1, 2026, upon a form and in such manner as prescribed by the department, accompanied by applicable fees, and evidence satisfactory to the department that the applicant has practiced music therapy for ten (10) or more years before July 1, 2025, with at least five (5) years' practice immediately before July 1, 2025, and that the applicant's practice during that time was substantially the same as that which would require a license under this act, as determined by the advisory committee and certified to the department.
(iv) The Mississippi Public Health Institute;
SECTION 8.
(v) The Institute for the Advancement of Minority Health;
(1) Every license issued under this chapter shall be renewed biennially.
(vi) Better Birth Mississippi;
A license shall be renewed upon (a) payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal;
and (vii) Sisters in Birth.
and (b) proof of maintenance of the applicant's status as a board-certified music therapist.
PAGE 11741 Any such list of nominees from the organizations listed in this paragraph (b) shall be submitted at least thirty (30) days before the expiration of the term for each position.
(2) A licensee shall inform the department of any changes to his or her address.
(c) The initial appointments to the board shall be for staggered terms, to be designated by the Governor at the time of appointment as follows:
Each licensee shall be responsible for timely renewal of his or her license.
four (4) members shall serve for terms ending on July 1, 2027;
(3) Failure to renew a license shall result in forfeiture of the license.
three (3) members shall serve for terms ending on July 1, 2028;
Licenses that have been forfeited may be restored within one (1) year after the expiration date upon payment of renewal and restoration fees.
and one (1) member shall serve for a term ending on July 1, 2029.
Failure to restore a forfeited S.
All later appointments shall be for terms of four (4) years from the expiration date of the previous term.
B.
(d) The Governor shall fill a vacancy no later than sixty (60) days from the date the vacancy occurs.
No.
Members may hold office until their successors have been appointed.
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 11 license within one (1) year after the date of its expiration shall result in the automatic termination of the license, and the department may require the individual to reapply for licensure as a new applicant.
(e) The appointed board members shall not be compensated for their service, but shall be reimbursed for necessary and ordinary expenses and mileage incurred while performing their duties as members of the board as provided in Section 25-3-41, to be paid from the special fund of the board.
(4) Upon written request of a licensee, the department may place an active license on an inactive status subject to an inactive status fee established by the board.
(2) Not later than July 1, 2026, the board shall promulgate rules that, at a minimum:
The licensee, upon request and payment of the inactive license fee, may continue on inactive status for a period up to two (2) years.
(a) Establish and implement a program for qualified individuals to apply and obtain licensure as a licensed midwife, including, but not limited to:
An inactive license may be reactivated at any time by making a written request to the department and by fulfilling requirements established by the department.
PAGE 12741 (i) Developing policies and procedures for temporary permits, initial licensing, renewals and reinstatement of lapsed licenses;
SECTION 9.
and (ii) A fee schedule for applications, temporary permits, initial licenses, renewals and reinstatements.
(1) The board may sanction a licensee for any of the following acts:
The board shall review its fee schedule every four (4) years and update fees as necessary for the growth and sustainability of the profession;
(a) Ineligibility for licensure, including, but not limited to, falsification of information submitted for licensure or failure to maintain status as a board-certified music therapist;
(b) Develop educational standards, including, but not limited to:
(b) Failure to pay fees when due;
(i) Identifying the basic minimum educational standards, including the type of courses and number of hours required, that qualify an applicant to seek licensure;
(c) Failure to provide requested information in a timely manner;
(ii) Developing methods and requirements for ensuring the continued competence of licensed midwives through continuing midwifery education, including the type of courses and number of hours required, as a condition for license renewal;
(d) Conviction of a felony;
and (iii) Approving educational programs, institutions, instructors and facilities that meet the basic and continuing professional midwifery educational requirements for practice within Mississippi;
(e) Conviction of any crime that reflects an inability to practice music therapy with due regard for the health and S.
(c) Prescribe standards and competencies for the practice of professional midwifery in community settings within Mississippi based on criteria established by national and international professional associations and certifying bodies;
B.
PAGE 13741 (d) Delineate specific symptoms and conditions that require collaboration, consultation, or referral of a client by a licensed midwife to a physician or other appropriate licensed health care provider, and establish the process for such collaboration, consultation, or referral.
No.
Such rules shall promote informed consent and preserve parental choice;
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 12 safety of clients and patients, or with due regard for the truth in filing claims with Medicare, Medicaid or any third party payor;
(e) Exercise its disciplinary authority by establishing and implementing formal disciplinary processes and procedures.
(f) Inability or failure to practice music therapy with reasonable skill and consistent with the welfare of clients and patients, including, but not limited to, negligence in the practice of music therapy;
(i) The board shall develop and prescribe procedures for investigating, processing and resolving complaints, violations, probations, suspensions, revocations and reinstatements, including, but not limited to:
intoxication;
1.
incapacity;
Complaints of professional misconduct;
and abuse of or engaging in sexual contact with a client or patient;
2.
and (g) Disciplinary action by another jurisdiction.
Allegations that licensed midwives are violating the provisions of this act or its implementing rules;
(2) The department is authorized to conduct investigations into allegations of conduct described in subsection (1) of this section.
3.
(3) The board may impose one or more of the following sanctions upon a licensee for a violation of this chapter:
Grievances from applicants and licensees regarding agency action.
(a) Suspension of a license;
(ii) All procedures implementing the board's disciplinary authority shall incorporate notice, the opportunity to be heard, and a decision by a neutral decision-maker.
(b) Revocation of a license;
Final agency decisions will be subject to judicial review;
(c) Denial of a license;
and (f) Collect, analyze, share and publish anonymized statistical perinatal outcome data from licensed midwives and individuals holding temporary permits, including, but not limited PAGE 14741 to, live births, fetal demises and neonatal and maternal deaths.
(d) Refusal to renew a license;
Rules regarding data sharing shall preserve public access.
(e) Probation with conditions;
(3) In promulgating the rules described in subsection (2) of this section, the board shall consider any data, views, questions, and arguments submitted by:
(f) Reprimand;
(a) The State Department of Health;
or (g) A fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00) for each violation.
(b) The Association of Mississippi Midwives;
SECTION 10.
(c) The Mississippi Perinatal Quality Collaborative;
(1) The board shall set fees for the following purposes:
(d) The Mississippi Public Health Institute;
application;
(e) The Institute for the Advancement of Minority Health;
initial license;
(f) Better Birth Mississippi;
license renewal;
and (g) Sisters in Birth.
late S.
(4) The board shall develop, publish and maintain an official roster of licensed midwives and individuals holding temporary permits that can be accessed by the public at no cost.
B.
The roster shall reflect the statistical outcome data and disciplinary history of each licensee and permit-holder.
No.
(5) The board shall deposit all funds received from the collection of application and licensure fees and the levying of disciplinary fines into a special fund that is created in the State Treasury to be known as the Board of Licensed Midwifery Fund.
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 13 renewal;
Monies in the special fund shall be used by the board, upon PAGE 15741 appropriation by the Legislature, for the purpose of administering this act.
license restoration;
Any interest earned on the special fund shall be credited to the special fund and shall not be paid into the State General Fund.
inactive status and such other purposes as determined by the board.
Any monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
(2) All fees collected by the department under this chapter shall be deposited in a special fund that is created in the State Treasury, and shall be expended by the department, upon appropriation of the Legislature, for the implementation and administration of this chapter.
(6) The board is authorized to contract with third-party entities to perform clerical and administrative tasks and functions related to the logistical implementation of midwifery licensure under this act.
Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.
(7) The board may promulgate any and all additional rules it deems necessary to effectively regulate the practice of licensed midwives to the extent that those additional rules do not violate any terms or provisions of this act.
(3) All penalties collected by the department for violations of this chapter shall be deposited into the State General Fund.
SECTION 18.
SECTION 11.
License required;
This act shall be codified as a new chapter in Title 73, Mississippi Code of 1972.
temporary permits;
SECTION 12.
exemptions;
This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.
qualifications.
S.
(1) Beginning on the effective date of the initial rules promulgated by the board under Section 6 of this act, it shall be unlawful for any person to provide professional midwifery care within the State of Mississippi without first obtaining a license from the board in accordance with its rules.
B.
(2) The board shall promulgate rules allowing for the expedited issuance of temporary permits authorizing an individual to practice professional midwifery pending qualification for licensure.
No.
PAGE 16741 (a) Temporary permits shall be issued for a term of twenty-four (24) months and may not be renewed except as follows:
2741 *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS ST:
A temporary permit issued to an apprentice may be renewed upon a showing to the board that the apprentice has good cause for not completing their clinical training within the initial temporary permit period.
Professional music therapists;
(b) An applicant who is granted a temporary permit under this section is subject to all other requirements of this act and rules promulgated by the board, and the board may automatically void the temporary permit if the applicant fails to comply with those requirements.
provide for PAGE 14 licensure by State Department of Health.
(c) An individual who paid an application fee in connection with an application for a temporary permit under this section is not required to pay a separate application fee in connection with their application for an initial license if the board receives the application for an initial license within sixty (60) days after the expiration of the temporary permit.
(d) To qualify for a temporary permit to practice professional midwifery, an individual must:
(i) Be an apprentice working under the supervision of a licensed midwife;
(ii) Be licensed in good standing as a midwife in another state at the time of application;
or PAGE 17741 (iii) Be engaged in providing professional midwifery services to one or more Mississippi families on the effective date of the initial rules promulgated by the board, as evidenced by a contractual agreement to render such services.
(e) An individual seeking a temporary permit under this subsection (2) must submit an application for full licensure within twelve (12) months after the effective date of the initial rules promulgated by the board.
(3) Licensure under this act is not required for:
(a) An employee or other individual who is assisting a midwife and who is under the midwife's supervision from performing activities or functions that are delegated by the midwife, that are nondiscretionary, that do not require the exercise of professional judgment for their performance, and that are within the midwife's authority to perform;
and (b) An individual providing uncompensated care to a friend or family member if the individual does not hold themself out to the public as a licensed midwife.
(4) Nothing in this act shall prohibit a traditional birth attendant from providing care that falls within the scope of midwifery practice without a license where the traditional birth attendant is fulfilling a cultural or religious role that has historically included the provision of care at birth, and the PAGE 18741 traditional birth attendant only offers such services to women and families within that distinct cultural or religious group.
SECTION 19.
Confidentiality.
(1) All statistical data reporting and sharing by the board shall be anonymized prior to dissemination or publication.
(2) The board shall keep all information relating to the receipt and investigation of complaints filed against licensees or applicants confidential until the information is disclosed in the course of the investigation or any later proceeding before the board.
Client records, including clinical records, files, any other report or oral statement relating to diagnostic findings or clinical treatment of clients, any information from which a client or her family might be identified, or information received and records or reports kept by the board as a result of an investigation made under this act shall be exempt from the provisions of the Mississippi Public Records Act of 1983 and shall be kept confidential by the board.
SECTION 20.
Immunity.
(1) Nothing in this act shall create liability of any kind for a licensed health care provider who provides care to a client of a licensed midwife for personal injury or death resulting from an act or omission by the midwife, unless the professional negligence or malpractice of the health care provider was a proximate cause of the injury or death.
(2) No duly licensed midwife who, in good faith and in the exercise of reasonable care, renders aid in emergency childbirth, PAGE 19741 or assists in transporting a laboring mother to a place where medical assistance can be reasonably expected, shall be liable for any civil damages to the mother or infant as a result of any acts committed in good faith and in the exercise of reasonable care or omissions in good faith and in the exercise of reasonable care by such midwife in rendering aid in the emergency.
SECTION 21.
Offenses;
penalties.
(1) It is unlawful for any person to:
(a) Offer or engage in the provision of professional midwifery services unless duly licensed to do so under the provisions of this act;
(b) Impersonate in any manner or pretend to be a licensed midwife or use the title "Licensed Midwife," the letters "L.M." or any other words, letters, signs, symbols or devices to indicate the person using them is a licensed midwife, unless duly authorized by the license or permit under the provisions of this act;
(c) Provide midwifery care during the time their license or temporary permit is suspended, revoked, lapsed or expired;
(d) Fail to notify the board of the suspension, probation or revocation of any past or currently held licenses required to practice midwifery in any other jurisdiction;
PAGE 20741 (e) Make false representations or impersonate or act as a proxy for another person or allow or aid any person to impersonate them in connection with any application for licensing or request to be licensed;
or (f) Otherwise violate any provisions of this act.
(2) (a) For the first violation and subsequent violations of any provision of this section, the board shall impose a monetary penalty of One Thousand Dollars ($1,000.00).
(b) In addition to a monetary penalty, the board may revoke the license of a midwife or suspend the license for up to two (2) years without review.
(c) In addition to or as an alternative to revoking or suspending the license of a midwife, the board may require the midwife to complete education programs, participate in supervised practice, or submit to care or counseling.
SECTION 22.
(1) Terminology in any health coverage plan, policy or contract deemed discriminatory against professional midwifery, community perinatal care, or the midwifery model of care or that inhibits reimbursement for such services at the in-network rate is void and unenforceable.
(2) Any health coverage plan amended, delivered, issued, or renewed in this state on or after January 1, 2026, that provides maternity benefits that are not limited to complications of pregnancy, or newborn care benefits, shall provide coverage for PAGE 21741 maternity services and perinatal care rendered by a licensed midwife licensed under this act, regardless of the site of services.
The coverage provided for in this section may be subject to annual deductibles, coinsurance and copayments.
(3) A health coverage plan amended, delivered, issued or renewed in this state on or after January 1, 2026, shall not differentiate between perinatal services performed by a professional midwife within their lawful scope of practice and perinatal services by a physician with respect to copayment or annual deductible amounts or coinsurance percentages.
(4) Whenever any health coverage plan amended, delivered, issued, or renewed in this state on or after January 1, 2026, provides for reimbursement of any services that are within the lawful scope of practice of licensed midwives, the insured or other person entitled to benefits under the health coverage plan shall be entitled to reimbursement for the services, whether the services are performed by a physician or a licensed midwife.
(5) The provisions of this section apply to any new policy, contract, program or health coverage plan issued on and after January 1, 2026.
Any policy, contract or health coverage plan in effect before January 1, 2026, shall convert to conform to the provisions of this act on or before the renewal date, but no later than January 1, 2027.
(6) Nothing in this section shall restrict the Division of Medicaid from setting rules and regulations regarding the coverage PAGE 22741 of professional midwifery services and nothing in this section shall amend or change the Division of Medicaid's schedule of benefits, exclusions and/or limitations related to obstetric and/or midwifery services as determined by state or federal regulations and state and federal law.
SECTION 23.
(1) A licensed provider who regularly provides health care services related to labor and delivery shall:
(a) Be able to identify when to transmit and receive patient information, and transfer and receive patients, across the facility's levels of care;
and (b) Coordinate with other licensed providers to effectuate services across the facility's levels of care in a way that prevents patients from losing access to care.
(2) The acceptance of a transferred perinatal patient does not establish an employment or supervisory relationship between the accepting licensed provider and the transferring licensed provider or establish grounds for vicarious liability.
(3) Within twenty-four (24) months from the effective date of the initial rules promulgated by the board, the Division of Health Facilities Licensure and Certification of the State Department of Health shall develop and institute a safe perinatal transfer certification for the facilities that it regulates.
(4) In developing the safe perinatal transfer certification, the division shall incorporate input and feedback from:
PAGE 23741 (a) Interested and affected stakeholders, with a focus on pregnant women and those in the postpartum period and their family members;
(b) Multidisciplinary, nonprofit organizations representing pregnant women and those in the postpartum period, with a focus on individuals from racial and ethnic minority groups;
and (c) Multidisciplinary, community-based organizations that provide support or advocacy for pregnant women and those in the postpartum period, with a focus on persons from racial and ethnic minority groups.
(5) Nothing in this act shall prohibit licensed providers or facilities from billing for health care services rendered, including maternity care and perinatal care.
SECTION 24.
Section 73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33.
(1) The practice of medicine shall mean to suggest, recommend, prescribe, or direct for the use of any person, any drug, medicine, appliance, or other agency, whether material or not material, for the cure, relief, or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound or fracture or other bodily injury or deformity, or the practice of obstetrics * * *, after having received, or with the intent of receiving therefor, either PAGE 24741 directly or indirectly, any bonus, gift, profit or compensation;
provided, that nothing in this section shall apply to * * * individuals engaged * * * in the practice of midwifery.
(2) The practice of medicine shall not mean to provide gender transition procedures for any person under eighteen (18) years of age;
or (3) For purposes of this section, "gender transition procedures" means the same as defined in Section 41-141-3.
SECTION 25.
Sections 12 though 21 of this act shall be codified as a new chapter in Title 73 of the Mississippi Code of 1972.
Section 22 of this act shall be codified as a new section in Article 5, Chapter 41, Title 83 of the Mississippi Code of 1972.
SECTION 15.
This act shall take effect and be in force from and after July 1, 2025." AMEND FURTHER the title on line 18 by inserting the following after the semicolon:
"TO PROVIDE FOR THE LICENSURE AND REGULATION OF PROFESSIONAL MIDWIFERY;
TO PROVIDE DEFINITIONS FOR THE PURPOSE OF THE ACT;
TO PROVIDE EXCEPTIONS TO THE APPLICABILITY OF THE ACT;
TO PROVIDE THE SCOPE OF PRACTICE FOR LICENSED MIDWIVES;
TO PROVIDE MANDATORY PROCEDURES FOR LICENSED MIDWIVES;
TO PROHIBIT LICENSED MIDWIVES FROM CERTAIN ACTIONS;
TO CREATE THE STATE BOARD OF LICENSED MIDWIFERY AND PROVIDE FOR ITS COMPOSITION, APPOINTMENT AND POWERS AND DUTIES;
TO REQUIRE THE BOARD TO PROMULGATE RULES PAGE 25741 NOT LATER THAN JULY 1, 2026;
TO REQUIRE A LICENSE FROM THE BOARD TO PRACTICE PROFESSIONAL MIDWIFERY;
TO PROVIDE FOR THE ISSUANCE OF TEMPORARY PERMITS TO PRACTICE PENDING QUALIFICATION FOR LICENSURE;
TO PROVIDE EXEMPTIONS FROM LICENSURE FOR CERTAIN PERSONS;
TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION MAINTAINED BY THE BOARD;
TO PROVIDE IMMUNITY FOR CERTAIN ACTIONS;
TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT;
TO PROHIBIT TERMINOLOGY IN ANY HEALTH COVERAGE PLAN, POLICY OR CONTRACT THAT IS DISCRIMINATORY AGAINST PROFESSIONAL MIDWIFERY;
TO REQUIRE HEALTH COVERAGE PLANS THAT PROVIDE MATERNITY BENEFITS TO PROVIDE COVERAGE FOR SERVICES RENDERED BY A LICENSED MIDWIFE;
TO PROVIDE WHENEVER A HEALTH COVERAGE PLAN PROVIDES FOR REIMBURSEMENT OF ANY SERVICES THAT ARE WITHIN THE LAWFUL SCOPE OF PRACTICE OF LICENSED MIDWIVES, THE PERSON ENTITLED TO BENEFITS UNDER THE PLAN SHALL BE ENTITLED TO REIMBURSEMENT FOR THE SERVICES, WHETHER THE SERVICES ARE PERFORMED BY A PHYSICIAN OR A LICENSED MIDWIFE;
TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO DEVELOP AND INSTITUTE A SAFE PERINATAL TRANSFER CERTIFICATION FOR THE FACILITIES THAT IT REGULATES;
TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE PRACTICE OF MIDWIFERY IS NOT CONSIDERED TO BE THE PRACTICE OF MEDICINE;" HR20\SB2741A.1J Andrew Ketchings Clerk of the House of Representatives PAGE 26741