Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIHouse LEGISLATUREAmendments REGULARto SESSIONSenate 2025Bill By:No.
Senator(s)2741 Parker,TO Blackwell,THE Jackson,SECRETARY To:OF THE SENATE:
PublicTHIS HealthIS andTO England,INFORM Williams,YOU Barrett,THAT TateTHE WelfareHOUSE SENATEHAS BILLADOPTED NO.THE AMENDMENTS SET OUT BELOW:
2741AMENDMENT (AsNO. Passed the Senate) AN ACT TO PROVIDE FOR THE LICENSURE OF PROFESSIONAL MUSIC THERAPISTS BY THE STATE DEPARTMENT OF HEALTH;
TO1 PROVIDEAMEND FORon DEFINITIONS;lines 150 and 151 by deleting the words "practice music therapy or" AMEND on line 336 by deleting the following language:
TO", PROVIDEand FORshall THEstand ESTABLISHMENT,repealed APPOINTMENTon ANDJune MEMBERSHIP30, OF2025" THEAMEND FURTHER the title on line 9 by deleting the words "PRACTICE MUSIC THERAPY ADVISORYOR" COMMITTEE;HR20\SB2741A.J AMENDMENT NO.
TO2 DIRECTAMEND THEby DEPARTMENTdeleting TOSection SEEK12 THEand ADVICEinserting OFin THElieu ADVISORYthereof COMMITTEEthe FORfollowing: ISSUES RELATED TO MUSIC THERAPY;
TO"SECTION PROVIDE12. FOR THE POWERS AND DUTIES OF THE ADVISORY COMMITTEE;
TOShort PROVIDETitle. 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;
TOThis PRESCRIBEact CERTAINshall REQUIREMENTSbe FORknown PROFESSIONALand MUSICmay THERAPISTSbe INcited THEas PROVISIONthe OF"Mississippi MUSICMidwifery THERAPYLicense SERVICES;Law." SECTION 13.
TOLegislative PROVIDEPurpose. FOR LICENSURE APPLICATION AND QUALIFICATIONS FOR LICENSURE;
TO(1) PROVIDEThe FORmidwifery LICENSEmodel RENEWAL;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;
2741focuses *SS08/R593PS*on ~maximizing OFFICIALthe ~health G3/5and 25/SS08/R593PSwellness PAGEof 1a ofwoman thoseand services;her baby;
and attends to protect the publicemotional, fromsocial theand practicespiritual aspects of musicpregnancy therapyand bybirth. unqualified individuals.
SECTIONProfessional 2.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.
AsIncreased usedaccess into thisprofessional chapter,midwives thepositively followingaffects termsmaternal shalland beinfant definedhealth asoutcomes. provided in this section:
(a)(2) "AdvisoryMidwifery committee"is meansa theprofession Musicin Therapyits Advisoryown Committee.right and it is not the practice of medicine.
(b)Community-based "Board"midwives meanshave historically served an indispensable public health role in promoting the Statehealth Boardand well-being of Health.Mississippi mothers and infants.
(c)Mississippi's "Board-certifiedcurrent musicrates therapist"of meanspreterm anbirths, individuallow whobirth holdsweights, currentinfant boardmortality, certificationmaternal mortality, and rural hospital closures would benefit from theincreased Certificationaccess Boardto forprofessional Musicmidwifery Therapists.care in community settings.
(d)(3) "Department"Research meansdemonstrates thethat Stateintegration Departmentand ofcoordination Health.across birth settings and maternity care providers promote high-quality, cost-effective care.
(e)Specifically, "Director"the meansintegration theof Executivecommunity-based Directormidwives ofinto theregional Statematernity Departmentcare ofsystems Healthis ora hiskey ordeterminant herof designee.improving perinatal outcomes.
(f)Regulation "Licensedof the practice of professional musicmidwifery therapist"is (LPMT)necessary meansto afacilitate personthe licensedintegration toof practiceprofessional musicmidwives therapyinto underMississippi's thismaternity chapter.care system.
(g)PAGE "Music22741 therapy"(4) meansParents have the clinicalfreedom and evidence-based use of music interventions to accomplishchoose individualizedthe goalsmanner, forplace, people of all ages and abilityattendant levelsfor withingiving abirth. therapeutic relationship by a board-certified music therapist.
MusicRegulating therapistsand developlicensing musicprofessional therapymidwives treatmentin planscommunity specificsettings towill theincrease needsaccess andto strengthsbirthing ofoptions for the client,families whoof mayMississippi beand seenpreserve individuallyparental orchoice. in groups.
Music(5) therapyWithin treatmentthe plansState areof individualizedMississippi, formothers eachand client.families seek out alternatives to hospital births and they find significant value in perinatal services offered in community settings.
The goals,term objectives"midwife" connotes to consumers and potentialthe strategiescommunity an expectation of theprofessionalism musicand therapya servicesminimum arelevel appropriateof S.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.
2741For *SS08/R593PS*the ~purpose OFFICIALof ~increasing 25/SS08/R593PSthe PAGEaccess 2to midwifery care in the community setting, providing for the clienthealth and setting.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.
TheSECTION music14. 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.
TheDefinitions. practice of music therapy does not include the screening, diagnosis or assessment of any physical, mental or communication disorder.
TheAs termused "musicin therapy"this mayact, include,the butfollowing isterms notshall limitedbe to:defined as provided in this section:
(i)PAGE Accepting32741 referrals(a) for"Antepartum" musicmeans therapythe servicesstage fromof medical,care developmental,that mentalbegins healthwhen ora educationpregnant professionals,woman familypresents members,herself clients,for caregiverscare orduring otherspregnancy involved and authorizedends withat provisionthe onset of clientlabor. services;
(ii)(b) Conducting"Apprentice" ameans musican therapyindividual assessmentat the apprenticeship level of midwifery training who is obtaining clinical experience under the supervision of a clientqualified, tolicensed determinemidwife ifby treatmentproviding ismidwifery indicated.care under the supervision of such a preceptor.
If(c) treatment"Board" ismeans indicated, the licenseeMississippi collectsState systematic,Board comprehensiveof andLicensed accurateMidwifery, informationwhich tois determinecreated thein appropriatenessSection and6 type of musicthis therapyact. services to provide for the client;
(iii)(d) Developing"Certified nurse midwife" means an individualizedadvanced musicpractice therapyregistered treatmentnurse plancertified forby the clientAmerican thatMidwifery isCertification basedBoard uponwhose thepractice resultsis ofregulated theby musicSection therapy73-15-1 assessment.et seq.
The(e) music"Client" therapymeans treatmentan planindividual includesreceiving individualizedprofessional goalsmidwifery andservices objectivesfrom thata focuslicensed onmidwife. the assessed needs and strengths of the client and specify music S.
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(f) *SS08/R593PS*"Intrapartum" ~means OFFICIALoccurring ~from 25/SS08/R593PSthe PAGEonset 3of therapylabor approachesuntil andafter interventionsthe todelivery beof usedthe toplacenta. address these goals and objectives;
(iv)PAGE Implementing42741 an(g) individualized"Licensed musicmidwife" therapymeans treatmentan planindividual thatwho ispractices consistentprofessional withmidwifery anyin othercommunity developmental,settings rehabilitative,and habilitative,has medical,met mentalthe health,licensing preventive,requirements wellnessestablished careby orthis educationalact servicesand beingits providedimplementing torules as promulgated by the client;board.
(v)(h) Evaluating"Neonate" themeans client'sa responsenewborn tochild musicin therapyits andfirst thefour music(4) therapyweeks treatmentof plan,life. documenting change and progress and suggesting modifications, as appropriate;
(vi)(i) Developing"Neonatal aperiod" planmeans for determining when the provisionfirst offour music(4) therapyweeks services is no longer needed in collaboration with the client, physician or other provider of healtha carechild's orlife. education of the client, family members of the client and any other appropriate person upon whom the client relies for support;
(vii)(j) Minimizing"Normal" anymeans, barriersas applied to ensurethe thatantepartum, intrapartum and postpartum periods and the neonatal period, and as defined by board rule, circumstances under which a midwife has determined that a client receivesdoes musicnot therapyhave servicesa incondition thethat leastrequires restrictivemedical environment;intervention.
(viii)(k) Collaborating"Physician" withmeans andan educatingindividual theengaged clientin and the family,practice caregiver of themedicine clientand orduly anylicensed otherby appropriate person regarding the needsState Board of theMedical clientLicensure thatwhose arepractice beingis addressedregulated inby musicSection therapy73-25-1 andet theseq. manner in which the music therapy treatment addresses those needs;
and(l) S."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.
2741Applicability. *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.
SECTIONThis 3.act does not apply to:
(1)PAGE There52741 is(a) createdA withincertified thenurse departmentmidwife, a physician or any health care professional licensed by the Musicstate Therapywho Advisoryis Committee,providing whichcare shallwithin consistthe scope of fivehis (5)or members.her license;
(2)(b) TheA directorstudent shallmidwife appointwho allis membersengaged ofin thedidactic advisorylearning committee.and providing clinical care supervised by a licensed midwife;
The(c) advisoryA committeedoula, shallchildbirth consistinstructor, oflactation personsconsultant familiaror withother thelayperson practiceoffering ofnonclinical musicsupport therapyduring to provide the departmentantepartum, withintrapartum expertise and assistancepostpartum inperiods; carrying out its duties under this chapter.
(3)or The(d) directorAny shallperson appointwho membersassists ofwith thechildbirth advisoryin committeean toemergency servewhere formedical termsor ofmidwifery fourcare (4)is years.not available.
ThreeSECTION (3)16. members shall be licensed to practice as music therapists in this state;
oneScope (1)of memberpractice; shall be a licensed health care provider who is not a music therapist;
andpractice oneparameters; (1) member shall be a consumer of music therapy services.
(4)mandatory Membersprocedures; 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.
(5)prohibitions; Members may serve consecutive terms in the discretion of the director.
Anydiscrimination vacancyprohibited. shall be filled in the same manner as the regular appointments.
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;
2741and *SS08/R593PS*(c) ~Consulting OFFICIALand ~collaborating 25/SS08/R593PSwith PAGEother 5licensed (6)health Thecare initialproviders, appointmentsincluding, tobut not limited to, the advisoryreferral committeeof shallwomen consistor their neonates to a higher level of threecare (3)with musican therapistsappropriate wholicensed arehealth notcare provider when the licensed undermidwife thisdetermines chapterthat butthe whopregnancy, havelabor, beendelivery, engagedpostpartum inperiod theiror respectiveneonatal practicesperiod formay atnot leastbe threeclassified (3)as years.normal as defined by this act or according to rules promulgated by the board.
Once(2) licensingPrescriptive underauthority thisand chapterthe ispossession implemented,and musicadministration therapistsof appointedcontrolled tosubstances theby advisorylicensed committeemidwives mustare holdprohibited. the requisite license.
SECTIONWhen 4.acting within their scope of practice, licensed midwives may obtain, transport, and administer the following medications:
(1)(a) TheVitamin advisoryK; committee shall meet at least once per year or as otherwise called by the director.
(2)(b) TheAntihemorrhagic departmentagents; shall seek the advice of the advisory committee for issues related to music therapy.
(3)(c) TheLocal boardanesthetics; shall consult with the advisory committee before setting or changing fees in this chapter.
(4)(d) TheOxygen; 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.
(5)(e) TheProphylactic advisoryeye committeeagents; 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.
(6)(f) TheRhoGam advisory committee shall provide an analysis of disciplinary actions taken, appeals and denials or revocationother ofprophylactic licensesimmunoglobulins; at least once per year.
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(4) *SS08/R593PS*Licensed ~midwives OFFICIALshall: ~ 25/SS08/R593PS PAGE 6 SECTION 5.
Beginning(a) onRegister Januaryand 1,maintain 2026,current nocontact personinformation withoutwith athe licenseboard asfollowing aprocedures professionaldeveloped musicby therapistthe shallboard practiceand musicpromulgated therapyby orrule usefor the titlepublication "musicof therapist,"an "licensedofficial professionalroster musicof therapist,"licensed "LPMT"midwives. or similar title that implies that the person is a professional music therapist.
Nothing(b) inRegister thisbirths chapterwith maythe beState construedRegistrar toof prohibitVital orRecords restrictin theaccordance practice,with servicesthe orrules activitiespromulgated ofby the following:State Department of Health.
(a)(c) AnyReport personclient licensed,statistical certifieddata orto regulated under the lawsboard of this state in another profession or occupation,other includingnational physicians,entities psychologists,as psychoanalysts,required registeredby nurses,rules marriagepromulgated 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 useboard. 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;
or(d) (b)Provide Anycertain persondisclosures whosein trainingwriting andat national certification attests to the individual'sinception preparationof andcare abilityfor toa practiceclient, hisincluding, orbut her certified profession or occupation, if that person does not representlimited himselfto, orthe herselffollowing: as a music therapist;
orPAGE (c)82741 Any(i) practiceThe oflicensed musicmidwife's therapyeducation, astraining anand integralqualifications; part of a program of study for students enrolled in an accredited music S.
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(iv) *SS08/R593PS*Whether ~the OFFICIALmidwife ~has 25/SS08/R593PSmalpractice PAGEliability 7insurance therapycoverage program,in ifeffect theand, studentif doesso, notthe representpolicy himselflimitations orof herselfthat ascoverage; a music therapist;
or(v) (d)Notice Anythat person who practices music therapy under the supervisionlicensed ofmidwife ahas licensedcertain professionalstatistical musicdata therapist,reporting ifobligations to the personboard doesthat are not representoptional himselfbut orthat herselfmay asbe aanonymized; music therapist.
SECTION(vi) 6.The licensed midwife's disciplinary history with the board, including whether any disciplinary action is currently pending against them by the board;
(1)(vii) BeforeThe aprocedures licensed professional music therapist provides music therapy services to a client forcan antake identifiedto clinicalinitiate ordisciplinary developmentalaction need,against thea licenseelicensed shallmidwife; review the client's diagnosis, treatment needs and treatment plan with the health care providers involved in the client's care.
Beforeand a(viii) licensedAny professionalother musicinformation therapistrequired providesby musicrules therapypromulgated servicesby to a student for an identified educational need in a special education setting, the licenseeboard. shall review with the individualized family service plan or individualized education program team the student's diagnosis, treatment needs and treatment plan.
(2)(5) DuringIt the provision of music therapy services to a client, the licensed professional music therapist shall collaborate,be asunlawful applicable,for with the client's treatment team, including the client's physician, psychologist, licensed clinicalmidwives socialto: worker or other mental health professional.
During(a) thePerform provisionsurgical ofprocedures musicother therapythan servicesepisiotomies 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-languagerepairs pathologistof soperineal S.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(d) *SS08/R593PS*Negligently, ~willfully, OFFICIALor ~intentionally 25/SS08/R593PSact PAGEin 8 that a musicmanner therapistinconsistent may work with the clienthealth and addresssafety communicationof skills.those entrusted to the licensed midwife's care;
(3)(e) WhenEngage providingin educationalsubstandard, unprofessional or healthdishonorable careconduct, services,or aany licensedother professionalform musicof therapistmisconduct mayas notdefined replaceby the servicesboard; provided by an audiologist, a speech-language pathologist or an occupational therapy practitioner.
Unlessand authorized(f) toEngage practicein speech-languageany pathology,other musicact, therapiststask may not evaluate, examine, instruct or counselfunction onprohibited speech,in language,rules communicationpromulgated andby swallowingthe disordersboard. and conditions.
An(6) individualNothing licensedin asthis aact professionalshall musicbe therapistconstrued mayto notpermit representthe topractice theof publicmedicine thatby thelicensed individualmidwives issince authorizedmidwifery tois treatnot athe communicationpractice disorder.of medicine.
ThisSECTION does17. 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.
SECTIONState 7.Board of Licensed Midwifery created;
(1)composition; 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:
(a)powers Theand applicantduties. is at least eighteen (18) years of age;
(b)(1) The applicantState holdsBoard aof bachelor'sLicensed degreeMidwifery oris highercreated into musicregulate therapy,autonomous orprofessional itsmidwifery equivalent,practice includingin clinicalcommunity trainingsettings S.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;
2741PAGE *SS08/R593PS*10741 ~(ii) OFFICIALOne ~(1) 25/SS08/R593PSperinatal PAGEcare 9provider hours,who fromis acertified musicby therapya programnational withinprofessional anorganization; accredited college or university;
(c)(iii) TheOne applicant(1) ismember inwho goodrepresents standingthe basedpublic onand awho reviewis ofnot thepracticing applicant'sor musictrained therapyin licensurea historyhealth incare otherprofession, jurisdictions,and includingwho is a reviewparent ofwith anyat allegedleast misconductone or(1) neglectchild inborn with the practiceassistance of musica therapymidwife onor thea partcertified ofnurse themidwife; applicant;
and (d)(iv) The applicantExecutive providesDirector proof of passing the examinationState forDepartment boardof certificationHealth offered by the Certification Board for Music Therapists or anyhis successor organization or providesher proofdesignee. of being transitioned into board certification, and provides proof that the applicant is currently a board-certified music therapist.
(2)(b) The departmentappointed shallboard issuemembers ashall licensebe toresident ancitizens applicantof for a music therapy license when the applicantState hasof completedMississippi and submittedappointed an application upon a form and in such manner as prescribed by the department,Governor. 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.
The issuanceGovernor ofshall aaccept licenseand byconsider reciprocitylists toof anominees military-trainedfrom applicant,any militaryinterested spouseindividual or personorganization, whoand establishesshall residenceprioritize inthe thisappointment stateof shallnominees bemade subjectby to the provisionsfollowing oforganizations Section 73-50-1 or 73-50-2,their assuccessors: applicable.
S.(i) The State Department of Health;
B.(ii) The Association of Mississippi Midwives;
No.(iii) The Mississippi Perinatal Quality Collaborative;
2741(iv) *SS08/R593PS* ~ OFFICIAL ~ 25/SS08/R593PS PAGE 10 (3) The departmentMississippi shallPublic issueHealth aInstitute; 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.
SECTION(v) 8.The Institute for the Advancement of Minority Health;
(1)(vi) EveryBetter licenseBirth issuedMississippi; under this chapter shall be renewed biennially.
Aand license(vii) shallSisters be renewed upon (a) payment of a renewal fee if the applicant is not in violationBirth. of any of the terms of this chapter at the time of application for renewal;
andPAGE (b)11741 proofAny ofsuch maintenancelist of nominees from the applicant'sorganizations statuslisted asin athis board-certifiedparagraph music(b) therapist.shall be submitted at least thirty (30) days before the expiration of the term for each position.
(2)(c) AThe licenseeinitial shallappointments informto the departmentboard ofshall anybe changesfor staggered terms, to hisbe ordesignated herby address.the Governor at the time of appointment as follows:
Eachfour licensee(4) members shall beserve responsible for timelyterms renewalending ofon hisJuly or1, her2027; license.
three (3) Failuremembers toshall renewserve afor licenseterms shallending resulton inJuly forfeiture1, of2028; the license.
Licensesand that have been forfeited may be restored within one (1) yearmember aftershall theserve expirationfor datea uponterm paymentending ofon renewalJuly and1, restoration2029. fees.
FailureAll tolater restoreappointments ashall forfeitedbe S.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(e) *SS08/R593PS*The ~appointed OFFICIALboard ~members 25/SS08/R593PSshall PAGEnot 11be licensecompensated withinfor onetheir (1)service, yearbut aftershall thebe datereimbursed offor itsnecessary expirationand shallordinary resultexpenses inand themileage automaticincurred terminationwhile ofperforming thetheir license,duties andas members of the departmentboard mayas requireprovided thein individualSection 25-3-41, to reapplybe forpaid licensurefrom asthe aspecial newfund applicant.of the board.
(4)(2) UponNot writtenlater requestthan ofJuly a1, licensee,2026, the departmentboard mayshall placepromulgate anrules activethat, licenseat ona anminimum: inactive status subject to an inactive status fee established by the board.
The(a) licensee,Establish upon request and paymentimplement ofa theprogram inactivefor licensequalified fee,individuals mayto continueapply onand inactiveobtain statuslicensure foras a periodlicensed upmidwife, toincluding, twobut (2)not years.limited to:
AnPAGE inactive12741 license(i) mayDeveloping bepolicies reactivatedand atprocedures anyfor timetemporary bypermits, makinginitial alicensing, writtenrenewals request to the department and byreinstatement fulfillingof requirementslapsed establishedlicenses; by the department.
SECTIONand 9.(ii) A fee schedule for applications, temporary permits, initial licenses, renewals and reinstatements.
(1) The board mayshall sanctionreview aits licenseefee schedule every four (4) years and update fees as necessary for anythe growth and sustainability of the followingprofession; acts:
(a)(b) IneligibilityDevelop foreducational licensure,standards, including, but not limited to,to: falsification of information submitted for licensure or failure to maintain status as a board-certified music therapist;
(b)(i) FailureIdentifying tothe paybasic feesminimum wheneducational due;standards, including the type of courses and number of hours required, that qualify an applicant to seek licensure;
(c)(ii) FailureDeveloping tomethods provideand requestedrequirements informationfor inensuring the continued competence of licensed midwives through continuing midwifery education, including the type of courses and number of hours required, as a timelycondition manner;for license renewal;
(d)and Conviction(iii) ofApproving aeducational felony;programs, institutions, instructors and facilities that meet the basic and continuing professional midwifery educational requirements for practice within Mississippi;
(e)(c) ConvictionPrescribe standards and competencies for the practice of anyprofessional crimemidwifery thatin reflectscommunity ansettings inabilitywithin toMississippi practicebased musicon therapycriteria withestablished dueby regardnational forand theinternational healthprofessional associations and S.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(e) *SS08/R593PS*Exercise ~its OFFICIALdisciplinary ~authority 25/SS08/R593PSby PAGEestablishing 12 safety of clients and patients,implementing orformal withdisciplinary dueprocesses regardand forprocedures. the truth in filing claims with Medicare, Medicaid or any third party payor;
(f)(i) InabilityThe orboard failureshall todevelop practiceand musicprescribe therapyprocedures withfor reasonableinvestigating, skillprocessing and consistentresolving withcomplaints, theviolations, welfareprobations, ofsuspensions, clientsrevocations and patients,reinstatements, including, but not limited to,to: negligence in the practice of music therapy;
intoxication;1.
incapacity;Complaints of professional misconduct;
and2. abuse of or engaging in sexual contact with a client or patient;
andAllegations (g)that Disciplinarylicensed actionmidwives byare anotherviolating jurisdiction.the provisions of this act or its implementing rules;
(2)3. The department is authorized to conduct investigations into allegations of conduct described in subsection (1) of this section.
(3)Grievances Thefrom boardapplicants mayand imposelicensees oneregarding oragency moreaction. of the following sanctions upon a licensee for a violation of this chapter:
(a)(ii) SuspensionAll ofprocedures implementing the board's disciplinary authority shall incorporate notice, the opportunity to be heard, and a license;decision by a neutral decision-maker.
(b)Final Revocationagency ofdecisions awill license;be subject to judicial review;
(c)and Denial(f) ofCollect, aanalyze, license;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)Rules Refusalregarding todata renewsharing ashall license;preserve public access.
(e)(3) ProbationIn withpromulgating conditions;the rules described in subsection (2) of this section, the board shall consider any data, views, questions, and arguments submitted by:
(f)(a) Reprimand;The State Department of Health;
or(b) (g)The AAssociation fine of notMississippi lessMidwives; than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00) for each violation.
SECTION(c) 10.The Mississippi Perinatal Quality Collaborative;
(1)(d) The boardMississippi shallPublic setHealth feesInstitute; for the following purposes:
application;(e) The Institute for the Advancement of Minority Health;
initial(f) license;Better Birth Mississippi;
licenseand renewal;(g) Sisters in Birth.
late(4) S.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.
2741Monies *SS08/R593PS*in ~the OFFICIALspecial ~fund 25/SS08/R593PSshall be used by the board, upon PAGE 1315741 renewal;appropriation by the Legislature, for the purpose of administering this act.
licenseAny restoration;interest earned on the special fund shall be credited to the special fund and shall not be paid into the State General Fund.
inactiveAny statusmonies andremaining suchin otherthe purposesspecial asfund determinedat bythe end of a fiscal year shall not lapse into the board.State General Fund.
(2)(6) AllThe feesboard collectedis byauthorized theto departmentcontract underwith thisthird-party chapterentities shallto beperform depositedclerical inand aadministrative specialtasks fund that is created in the State Treasury, and shallfunctions berelated expendedto by the department,logistical uponimplementation appropriation of themidwifery Legislature,licensure forunder the implementation and administration of this chapter.act.
Unexpended(7) amountsThe remainingboard inmay thepromulgate specialany fundand atall theadditional endrules ofit adeems fiscalnecessary yearto shalleffectively notregulate lapse into the Statepractice Generalof Fund,licensed andmidwives anyto interestthe earnedextent onthat amountsthose inadditional therules specialdo fundnot shallviolate beany depositedterms toor theprovisions credit of thethis specialact. fund.
(3)SECTION All18. penalties collected by the department for violations of this chapter shall be deposited into the State General Fund.
SECTIONLicense 11.required;
Thistemporary actpermits; shall be codified as a new chapter in Title 73, Mississippi Code of 1972.
SECTIONexemptions; 12.
Thisqualifications. act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.
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:
2741A *SS08/R593PS*temporary ~permit OFFICIALissued ~to 25/SS08/R593PSan ST: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(b) musicAn therapists;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(c) An individual who paid an application fee in connection with an application for PAGEa 14temporary licensurepermit byunder Statethis Departmentsection 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 Health.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