Mississippi Code 1-26-99:
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MS
Attorney General's Office Computer Generated Opinion Database Document 1
DOCN000001070 Dear
Mr. Schapiro: Attorney
General Summer has received your letter of request dated September
24, 1979, concerning lay midwives and has assigned it to the
undersigned for research and reply. Section
73-25-35, Mississippi Code of 1972 deals with females Practicing
midwifery and states as follows: "Females
engaged in the practice of midwifery are not prohibited from such
practice, but are entitled to engage therein without a
license." Certain
other statutes, specifically Sections 41-35-3 and 41-35 -9, require
midwives to report cases of inflammation of eyes of newborn and to
administer prophylactic in eyes of newborn. We
are enclosing for your information a copy of the Standards of
Practice of Nurse Midwifery promulgated by the Mississippi State
Board of Nursing for practicing in the expanded role of nurse mid-
wife. I
trust that this will be of some benefit to you. Sincerely
yours, BY FNP:hs
Enclosure ~~~~~~~~~~~~~~~~~~~~~~~~ Section
73-25-33 defines the practice of medicine, which states in pertinent
part: 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 or midwifery or indirectly, any bonus, gift, profit or
compensation.... ~~~~~~~~~~~~~~~~~~~~~~~~ DOCN000005210 Dear
Governor Mabus: Attorney
General Mike Moore has received your opinion request and has
assigned it to me for research and reply. In your letter, you state: Midwifery
has historically been practiced both by registered nurses, who are
referred to as nurse practitioners, and by people who are not
registered nurses, who are referred to as direct entry or
traditional midwives. This
letter requests an official opinion with respect to the proper
interpretation of Section 73-25-35 of the Mississippi Code of 1972,
Annotated, as applied to midwives who are not nurse practitioners.
The question presented is whether Section 73-25-35 precludes the
practice of midwifery for compensation by direct entry midwives As
amended in 1990, Section 73-25-35 read as follows: Registered
nurses who are licensed and certified by the Mississippi Board of
Nursing as nurse practitioners are not prohibited from such
practice, but are entitled to engage therein without a physician's
license. Prior
to 1990, Section 73-25-35 reads as follows: Females
engaged in the practice of midwifery are not prohibited from such
practice, but are entitled to engage therein without a license.
There
has been some confusion as to the amendment of Section 73-25-35
regarding how it affects the practice of midwifery by direct entry
midwives. In one instance, direct entry midwives were informally
told that they could still practice, but could not accept payment
for their services. Section
73-25-33 of the Mississippi Code of 1972, Annotated, defines the
practice of medicine to include the practice of midwifery for
compensation. It then goes on to provide that nothing in that
section is intended to apply to females engaged solely in the
practice of midwifery. Thus,
it would appear that both nurse practitioners and direct entry
midwives are excluded from the class of people who are defined as
being engaged in the practice of medicine. Arguably, Section
73-25-35 would, therefore, not preclude the practice of midwifery by
either nurse practitioners or direct entry midwives who are engaged
solely in that practice. In
summation, your question is whether or not persons who are not
licensed nurses can practice midwifery for compensation. Miss. Code
Ann. Section 73-25-33 states: 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 or midwifery,
after having received, or with the intent of receiving therefor,
either directly or indirectly, any bonus, gift, profit or
compensation; provided, that nothing in this section shall apply to
females engaged solely in the practice of midwifery. By
its express terms, the practice of medicine as defined in Miss. Code
Ann. Section 73-25-33 specifically excludes the practice of
midwifery. Thus, it is the opinion of this office that those persons
otherwise not licensed as nurses may engage in the practice of
midwifery without licensure as a physician and for compensation.
Sincerely, Sara
E. DeLoach Special Assistant Attorney General 覧覧覧覧覧 Updated 8-28-2003
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