3 Colo. Code Regs. § 716-1.28
Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 716-1.28 - [Effective until 12/15/2024] RULES AND REGULATIONS FOR LICENSURE OF CERTIFIED MIDWIVESA.BASIS: The authority for the promulgation of these rules and regulations by the State Board of Nursing is set forth in sections 12-20-202(3), 12-20-204(1), 12-255-107(1)(b), (d), and (j), 12-255-109, 12-255-110, 12-255-11.5, 12-255-114, 12-255-115, 12-255-121, and 12-255-122, C.R.S.B.PURPOSE: To specify requirements for obtaining and maintaining Certified Midwife licensure.C.DEFINITIONS: For the purposes of Rule 1.28, the following terms have the indicated meaning:
1. Applicant: Any individual seeking a license to practice as a Certified Midwife in the State of Colorado.2. Board: The Colorado State Board of Nursing.3. Certified Midwife (CM) means an individual who meets the qualification for practice as a certified midwife and holds an active certificate from The American Midwifery Certification Board (AMCB) or its successor entity.4. Certification Board: A non-governmental agency approved by the Board that validates by examination, based on pre-determined standards, an individual's qualifications and knowledge for practice as a Certified Midwife.5. Good Standing means unencumbered or no current restrictions on a license to practice.6. Licensure: Includes the authority to practice as a Certified Midwife granted through the process of examination, endorsement, renewal, reinstatement and/or reactivation7. Independent Practice: The practice of Certified Midwife as defined in section 12-255-104 (7.5), C.R.S. for which the licensed Certified Midwife is solely responsible and performs on his/her own initiative, and which occurs in a setting for which no exception as set forth in Section (J)(2) of Rule 1.35 applies.D.REQUIREMENTS FOR ALL APPLICANTS1. Must submit a CM application in a manner approved by the Board.3. Submit proof of certification from the American Midwifery Certification Board as evidence of passing the AMCB Certification exam from the American Midwifery Certification Board or its successor entity in a manner approved by the Board.4. Submit fingerprints for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the Colorado Bureau of Investigation responsible for retaining the state's criminal records set forth in 12-255-111.5 C.R.S.5. Attest to registration with the prescription drug monitoring program as required by 12-280-403 (2)(a).E.APPROVED EXAMINATION FOR ORIGINAL LICENSING1. The American Midwifery Certification Board (AMCB) Certification Exam is the required examination in the Licensure process. An Applicant must achieve a passing score as determined by AMCB and certified in order to be eligible for Licensure as a Certified Midwife.F.LICENSURE BY ENDORSMENT1. Pursuant to the Occupational Credential Portability Program under section 12-20-202(3), C.R.S., an Applicant is entitled to Licensure as a Certified Midwife by endorsement in Colorado if the Applicant has met the requirements of Sections (D)(1), (2), (E) (2) of Rule 1.28 and is currently licensed in Good Standing in another state or U.S. territory.a. The Applicant: (1) Has substantially equivalent experience or credentials that are required by Article 255 of Title 12, C.R.S.; or(2) Has held for at least one year a current and valid license as a Certified Midwife in a jurisdiction with a scope of practice that is substantially similar to the scope of practice for certified midwives specified in Article 255 of Title 12, C.R.S.2. The Board may deny such license if:a. The Board demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the Applicant: (1) Lacks the requisite substantially equivalent education, experience, or credentials for a license; or(2) Has committed an act that would be grounds for disciplinary action under Article 255 of Title 12, C.R.S.G.REINSTATEMENT AND REACTIVATION1. A licensee who does not renew his or her license within the 60 day grace period, as set forth in section 12-20-202 (1) (e) C.R.S., will have an expired license and will be ineligible to practice until such license is reinstated.2. A licensed Certified Midwife may elect inactive status in accordance with section 12-255-122, C.R.S. A licensee may not apply for inactive status to avoid disciplinary action. Upon inactivation any and all authorities attached to the license will be cancelled.3. The licensee must apply for reinstatement or reactivation in a manner approved by the Board.4. The licensee applying for reinstatement or reactivation must pay the application fee.5. A licensee who has practiced on an expired or inactive license may be subject to disciplinary action.6. A licensee whose Certified Midwife license has been expired or inactive must comply with section D.3. and D.4. of this Rule 1.28.7. The application for reinstatement or reactivation shall be denied if the Board determines: a. The Certified Midwife reinstatement or reactivation applicant has not actively practiced as a Certified Midwife in another state for the two-year period immediately preceding application, orb. The reinstatement or reactivation applicant does not provide evidence of an active certificate from the American Midwifery Certification Board (AMCB) or its successor entity.H.VOLUNTEER LICENSURE1. Applicants for Volunteer Licensure must meet all requirements of section 12-255-115, C.R.S. a. Currently holds a license to practice as a Certified Midwife, and the license is due to expire unless renewed; orb. Is currently not engaged in the practice as a Certified Midwife either full-time or part-time and has, prior to ceasing practice, maintained full Licensure in Good Standing in any state or territory of the United States.2. A licensee in volunteer status in accordance with section 12-255-115, C.R.S., may apply to reinstate to active status. The reinstatement application must be submitted as described in Section G. 3 and G. 4 of Rule 1.35 and the Applicant must demonstrate competency by the following:a. Proof they have actively volunteered as a Certified Midwife during the two- year period immediately preceding application; andb. Submit proof of active certification from the American Midwifery Certification Board or its successor entity in a manner approved by the Board.I.REQUIREMENTS FOR PROFESSIONAL LIABILITY INSURANCE1. Pursuant to the requirements of section 12-255-113(1), C.R.S., it is unlawful for any licensed Certified Midwife to engaged in an Independent Practice of midwifery to practice within the state of Colorado unless the Certified Midwife purchases and maintains or is covered by professional liability insurance in an amount not less than five hundred thousand dollars per claim with an aggregate liability for all claims during the year of one million five hundred thousand dollars.2. Pursuant to these rules, a Certified Midwife whose Independent Practice falls entirely within one or more of the following categories is exempt from the professional liability insurance requirements set forth in section 12-255-113, C.R.S.: a. A federal civilian or military Certified Midwife whose practice is limited solely to that required by his or her federal/military agency.b. A Certified Midwife who is covered by individual professional liability coverage (or an alternative which complies with section 12-255-113(1), C.R.S.) or liability insurance that is maintained by an employer/contracting agency in the amounts set forth in section 12-255-113(1), C.R.S.c. A Certified Midwife who provides uncompensated health care; ord. A Certified Midwife who practices as a public employee under the "Colorado Governmental Immunity Act, sections 24-10- 101 to 118, C.R.S."3. In order to establish eligibility for an exemption from the statutory financial responsibility requirements, a Certified Midwife must provide such information as may be requested by the Board.4. Failure to maintain professional liability insurance pursuant to section 12-255-113, C.R.S. may be grounds for discipline pursuant to section 12-255-120(1)(aa), C.R.S.J.GENERAL GUIDELINES1. A licensee who fails to maintain certification, or who practices on an expired or inactive license may be subject to disciplinary action.2. A licensee who fails to answer application questions accurately, the failure constitutes grounds for discipline under 12-255-120 (1)(v).3. Any application not completed within one year of the date of receipt of the original application expires and will be purged.K.CERTIFIED MIDWIFE SCOPE OF PRACTICE1. A Certified Midwife scope of practice is set by the American College of Nurse- Midwives (ACNM). The standards and regulations incorporated by reference may be examined at the State Board of Nursing, 1560 Broadway, Suite 1350, Denver, Colorado 80202, during normal business hours, Monday through Friday, except when such days are state holidays. Certified copies of the incorporated standards shall be provided at cost upon request. The Program Director or the Program Director's designee will provide information regarding how the incorporated standards and regulations may be examined at any state public depository library. The standards and regulations are also available from the agency, organization or association originally issuing the code, standard, guideline or rules as follows: for midwifery scope of practice https://www.midwife.org/acnm/files/acnmlibrarydata/uploadfilename/000000000266/Definition%20Midwifery%20Scope%20of%20Practice_2021.pdf (effective 2021); and Core Competencies for Basic Midwifery Practice (2020) https://www.midwife.org/acnm/files/acnmlibrarydata/uploadfilename/000000000050/ACNMCoreCompetenciesMar2020_final.pdf. (effective 2020)2. Certified Midwifery is not the practice of nursing.L.CHANGE OF NAME AND ADDRESS1. The licensee must supply the Board legal evidence of a name change within 30 days of the effective date of the name change.2. The licensee must notify the Board within 30 days of any change of address. This notification may be submitted in writing or through the Board's on-line system.3. Any notification by the Board to licensees required or permitted under The Nurse and Nurse Aide Practice Act sections 12-255-101 to 12-255-135, C.R.S., or the State Administrative Procedure Act sections 24-4-104 to 108 C.R.S., will be addressed to the last address provided in writing to the Board by the licensee and any such mailing will be deemed proper service on said licensee Adopted: January 24, 2024
Effective: March 16, 2024
38 CR 16, August 25, 2015, effective 9/14/201538 CR 20, October 25, 2015, effective 11/14/201538 CR 22, November 25, 2015, effective 12/30/201540 CR 10, May 25, 2017, effective 6/14/201740 CR 16, August 25, 2017, effective 9/14/201740 CR 16, August 25, 2017, effective 9/14/201742 CR 04, February 25, 2019, effective 3/17/201942 CR 04, February 25, 2019, effective 3/17/201944 CR 10, May 25, 2021, effective 6/14/202144 CR 22, November 25, 2021, effective 12/15/202145 CR 20, October 25, 2022, effective 9/22/202245 CR 23, December 10, 2022, effective 11/11/202246 CR 01, January 10, 2023, effective 12/10/202245 CR 22, November 25, 2022, effective 12/15/202246 CR 02, January 25, 2022, effective 1/9/202346 CR 21, November 10, 2023, effective 12/15/202347 CR 04, February 25, 2024, effective 3/16/2024