*** CODE SECTION ***    10/15/99
OCGA 31-26-1 thru 7 G

31-26-1.

As used in this chapter, the term:

(1) "Midwife" means any person not licensed under the laws of this state to practice obstetrics who is regularly engaged in attending women in childbirth or who holds himself or herself out as such, whether or not for consideration.

(2) "Normal childbirth" means delivery, at or close to term, of a pregnant woman whose physical examination by a physician reveals no abnormalities and who does not have signs or symptoms of
hemorrhage, toxemia, infection, abnormal position or presentation, or prolonged labor.

(3) "Practice of midwifery" means and includes any act or practice of attending women in childbirth when engaged in by a midwife, whether or not for consideration.

31-26-2.

(a) No person shall practice midwifery without first receiving from the Department of Human Resources a certificate of authority as provided in this Code section and registering his or her name, address, and occupation with the county board of health and the local registrar, as defined in Code Section 31-10-2, of vital statistics in the county and district in which he or she lives.

(b) Persons desiring to enter into or continue the practice of midwifery shall make written application to the department through the county board of health in the county of their residence. All applicants for permits to practice midwifery shall be of good character and sound mind, shall be free of tuberculosis, venereal diseases, and other communicable diseases in the infectious stage,
and shall be protected against smallpox.

(c) In order to become eligible for a certificate of authority to practice midwifery, applicants shall attend classes and satisfactorily complete courses of instruction therein to be prescribed by the department and shall pass an examination covering such courses. Such applicants shall also pass such physical examinations or, in the alternative, provide such evidence with regard to their personal health as the department may require.

(d) The department or any county board of health designated by the department shall issue, or refuse to issue, or, having issued, may suspend or revoke certificates of authority to practice midwifery under and in accordance with this chapter and such rules and regulations as may be issued and promulgated under this chapter. Certificates issued under this chapter shall be renewable annually at such time and in such manner as prescribed by the department. Suspension and revocation of certificates shall be subject to the administrative procedures contained in Article 1 of Chapter 5 of this title.

31-26-3.

The department shall have the authority and power to adopt and promulgate such rules and regulations as may appear necessary and proper to carry out the purposes of this chapter, including, but not limited to, minimum educational and physical requirements for midwives and procedures and techniques to be employed and ethics to be observed in the practice of midwifery. The several county boards of health shall have the authority and power to adopt and promulgate
supplementary rules and regulations consistent with those adopted and promulgated by the department.

31-26-4.

A certificate issued under this chapter shall not confer upon any person the right to practice medicine; to prescribe or administer drugs; to undertake charge of abnormal cases of confinement or of any disease in connection with confinement; or to assume any name, title, or designation implying that such person is authorized by law to undertake charge of any such cases, or to practice medicine, or to administer drugs.

31-26-5.

It shall be unlawful for any person holding a certificate as a midwife to attend any cases other than those of normal childbirth or to perform any internal examinations or manipulations of any kind.
In all cases in which the child is not delivered spontaneously within a reasonable time, the midwife shall notify a qualified physician immediately and shall make no effort to deliver the child except under direction and supervision of such physician. 

31-26-6.

The department and county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and rules and regulations adopted and promulgated under this chapter, as provided in Article 1 of Chapter 5 of this title.

31-26-7.

Any violation of this chapter or any rules and regulations adopted and promulgated under this chapter is declared to be a public nuisance subject to abatement as provided in Code Section 31-5-9.

~~~~~~~~~~~~~

GA Rules:
Chapter 290-5-15-0 9
Midwifery

RULES OF DEPARTMENT OF HUMAN RESOURCES
PUBLIC HEALTH

CHAPTER 290-5-15-0 9

MIDWIFERY

TARLE OF CONTENTS

290-5-15-0.9-.01 Definition/Scope of Practice
290-5-15-0.9-.02 Requirements for Recognition and Authority to Practice as a Certified Nurse-Midwife
290-5-15-0.9-.03 Failure of the Examination
290-5-15-0.9-.04 Initial Recognition Process
290-5-15-0.9-.05 Continued Recognition

N0CE: Any reference in these rules and regulations to the Department of Public Health and the Board of Health means the Department of Human Resources and the Board of Human Resources in accordance with Georgia Laws 1972, pp 1015, 1032 (Chapter 1, Section 32, Executive Reorganization Act), and with Georgia Laws 1972, pp 1069, 1071, 1072 (Sections 3 and 4)

290-5-15-0 9-.01 DEFINTION/SCOPE OF PRACTICE

(1) Midwife - A midwife is a registered professional nurse who has completed educational preparation as a nurse-midwife and who is certified by the certifying agent of the American College of Nurse-Midwives (ACNM)

(2) Scope - Nurse midwifery practice includes the independent management of care of essentially normal newborns and women antepartally, intrapartally, postpartally and/or gynecologically A certified nurse mid-wife must practice nurse-midwifery in accordance with current standards as established by the American College of Nurse-Midwives The practice of nurse-midwifery occurs within a health care system which provides for medical consultation, collaborative management and referral

Authority O C G A 31-26-3


Chapter 290-5-15-0.9 Midwifery

290-5-15-0 9-.02 REQUIREMENTS FOR RECOGNITION AND AUTHORITY TO PRACTICE AS A CERTIFIED NURSE-MIDWIFE

(1) Has a current license or temporary permit to practice as a registered professional nurse in Georgia;

(2) Has successfully completed an educational program in nurse-midwifery accredited by the American College of Nurse-Midwives

(3) Has passed the certification examination and holds a valid certificate as a certified nurse-midwife;

(4) Maintains certification status by the American College of Nurse Midwives, and

(5) Recognized by the Georgia Board of Nursing to practice as a Certified Nurse Midwife

Authority O C G A 31-26-3

290-5-15-0 9-.03 FAILURE OF THE EXAMINATION

An applicant who fails the certification examination shall not engage in nurse-midwifery until such time as the certification examination is passed.

Authority O C G A 31-26-3

290-5-15-0 9-.04 INITIAL RECOGNITION PROCESS

The registered professional nurse seeking recognition as a certified nurse midwife must submit a written request to the County Board of Health and include a photocopy of the following items

(a) Documentation of completion of a nurse midwife educational program, including date of completion;




midwifery Chapter 290-5-15-0.9

(b) Current certifications as a nurse-midwife from the American College of Nurse Midwives, and

(c) Current Georgia Registered Professional Nursing license or temporary permit

Authority O C G A 31-26-3

290-5-15-0 9- 05 CONTINUED RECOGNITION

(1) In order to receive continued recognition by the Board, a certified nurse-midwife must submit evidence of current certification or continued competency as required by the American College of Midwives within 30 days of receipt of that document

(2) A nurse-midwife who is unable to comply with (.05)(1) must submit proof of enrollment in the Continued Competency Assessment program of the American College of Nurse-Midwives, and at the end of five (5) years must submit evidence of completion of the continued competency requirements

Authority O C G A 31-26-3

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Updated 8-28-2003

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