Mid 100

CHAPTER Mid 100 ORGANIZATIONAL RULES

PART Mid 101 PURPOSE

Mid 101.01 Purpose. These rules implement the statutory responsibilities of the New Hampshire Midwifery Council created by RSA 326-D:3.

Source. #7412, eff 12-5-00

PART Mid 102 DEFINITIONS

Mid 102.01 Definitions.

(a) “Active practice” means the practice of midwifery as defined in RSA 326-D:2, V.

(b) “American College of Nurse-Midwives (ACNM)” means the national professional association of certified nurse-midwives and certified midwives.

(c) “Certified midwife (CM)” means an individual who has been designated as a certified midwife by the American Midwifery Certification Board (AMCB), formerly the ACNM Certification Council, Inc. (ACC), and any successor organization.

(d) “Certified nurse-midwife (CNM)” means a registered nurse who has graduated from a nurse-midwifery education program accredited by the Division of Accreditation of the American College of Nurse-Midwives and has successfully taken the national examination required for designation as a CNM by the American Midwifery Certification Board (AMCB), formerly the ACNM Certification Council, Inc. (ACC).

(e) “Certified professional midwife (CPM)” means an individual who has met the standards for certification in the practice of midwifery set by the North American Registry of Midwives and who holds such certification.

(f) “Consultation” means the process whereby a NHCM who maintains primary management responsibility for the client seeks the advice or opinion of another appropriate healthcare practitioner.

(g) “Council” means “council” as defined in RSA 326-D:2, II, namely, "the midwifery council established in RSA 326-D:3".

(h) “Intrapartum” means the period from the onset of labor to its termination with the delivery of the placenta.

(i) “Midwifery” means “midwifery” as defined in RSA 326-D:2, V, namely “the practice, by persons other than physicians or surgeons licensed under RSA 329, nurses registered under RSA 326-B, or physician's assistants licensed under RSA 328-D, of:

(a) Providing the necessary supervision, care and advice to women during pregnancy, labor and the postpartum period;

(b) Conducting vaginal deliveries on the midwife's own responsibility, and caring for the newborn and the infant; such care to mother and child to include preventive measures, the detection of abnormal conditions, the procurement of medical assistance, and the execution of emergency measures in the absence of medical help; and

(c) Consulting with a physician whenever there are significant deviations from normal or whenever there is a medical emergency in either the mother or the infant.”

(j) “Midwifery practice coverage” means specific arrangements for on call coverage with another NHCM or health care provider whose scope of practice includes birth.

(k) “Neonatal resuscitation program (NRP)” means an educational program that introduces the concepts and basic skills of neonatal resuscitation.

(l) “New Hampshire certified midwife (NHCM)” means an individual who has been designated as a New Hampshire certified midwife pursuant to RSA 326-D.

(m) “Obstetrician” means a physician specializing in obstetrics, a branch of medical science that encompasses pregnancy, childbirth, and the postpartum period.

(n) “Postpartum” means the time period occurring after childbirth.

(o) “Prenatal” means during the period of time between conception and the onset of labor.

Source. #7412, eff 12-5-00; ss by #14496, eff 2-8-26

PART Mid 103 DESCRIPTION OF THE COUNCIL AND COUNCIL MEETINGS

Mid 103.01 Composition of the Council. The council consists of 6 members appointed pursuant to, and meeting the eligibility requirements of, RSA 326-D:3, I.

Source. #7412, eff 12-5-00; ss by #14496, eff 2-8-26

Mid 103.02 Responsibilities of the Council. The council’s responsibilities include, but are not limited to:

(a) Establishing qualifications for certification to practice midwifery, renewal of certification, and reinstatement after lapse of certification;

(b) Establishing the requirements for license renewal eligibility, including requirements for continuing education and peer review;

(c) Defining the scope of practice and procedures for the practice of midwifery in accordance with RSA 326-D:5, I(c); and

(d) Any other matters necessary for the proper administration of RSA 326-D.

Source. #7412, eff 12-5-00; ss by #14496, eff 2-8-26

Mid 103.03 Council Meetings and Quorum.

(a) Pursuant to RSA 326-D:3, IV the council shall meet no fewer than 4 times a year and at such additional times as the council chair or a majority of the council members shall designate.

(b) Pursuant to RSA 326-D:3, IV the quorum required for council meetings is a majority of members of the council who have been approved by the governor and council.

Source. #7412, eff 12-5-00; ss by #14496, eff 2-8-26

Mid 103.04 Ineligibility of Council Members to Vote On Certain Matters and Participate in Certain Deliberations.

(a) A council member shall not be eligible to vote on, or participate in the council's deliberations about, matters pertaining to:

(1) The member's own application for initial or renewal certification or recertification; and

(2) Any matter in which the member has a personal, professional, or financial interest including, but not limited to, any matter involving:

a. The member;

b. The member's spouse, parent, child or business partner; or

c. A business investment of the member.

(b) Under the circumstances described in paragraph (a) the council member shall:

(1) Promptly disclose to the council his or her interest; and

(2) Recuse himself or herself from voting on, and participating in council deliberations about, the matter.

Source. #7412, eff 12-5-00

Mid 103.05 Attendance at Meetings By Members of the Public. Pursuant to RSA 91-A:2, II, members of the public may attend and record council meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

Source. #7412, eff 12-5-00

Mid 103.06 Notice of Meetings.

(a) Notice of the time and place of council meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II.

(b) Information about the time and place of council meetings shall also be available by telephone at the number stated in Mid 104.01 (b).

Source. #7412, eff 12-5-00

Mid 103.07 Minutes of Council Meetings.

(a) Minutes shall be kept of council meetings and of official actions taken by the council.

(b) Such minutes shall:

(1) Record the members participating in each vote; and

(2) Separately record the position of members who dissent, abstain or concur.

Source. #7412, eff 12-5-00

PART Mid 104 PUBLIC REQUESTS FOR INFORMATION

Mid 104.01 Office Location and Mailing Address, Telephone Number, and Number for TTY Users.

(a) The council's office location and mailing address is:

NH Midwifery Council

c/o Office of Professional Licensure and Certification

7 Eagle Square

Concord, NH 03301

(b) The council's telephone number is (603) 271-2152.

Source. #7412, eff 12-5-00; ss by #12039, eff 11-10-16; ss by #14496, eff 2-8-26

Mid 104.02 Communication with the Council. Persons wishing to make submissions to the council shall do so through the office of professional licensure and certification (OPLC) at the address provided in Mid 104.01(a).

Source. #7412, eff 12-5-00; ss by #14496, eff 2-8-26

Mid 104.03 Public Access to Records. Any individual who wishes to request information or access to council records shall do so in accordance with Plc 104.

Source. #7412, eff 12-5-00; ss by #14496, eff 2-8-26

Appendix

Rule	Specific State Statutes Implemented
Mid 101	RSA 326-D:2, V
Mid 102.01(a)	RSA 326-D:2, V
Mid 102.01(b) – Mid 102.01(f)	RSA 326-D:5, I(b)-(c)
Mid 102.01(g)	RSA 326-D:2, II
Mid 102.01(i)	RSA 326-D:2, V
Mid 102.01(h), Mid 102.01(j) – Mid 102.01(o)	RSA 326-D:5, I(b)-(c)
Mid 103.01	RSA 326-D:3, I
Mid 103.02(a)	RSA 326-D:5, I(d)
Mid 103.02(b)	RSA 326-D:5, I(e)
Mid 103.02(c)	RSA 326-D:5, I(c)
Mid 103.02(d)	RSA 541-A:16, I(a)
Mid 103.03	RSA 326-D:3, IV
Mid 103.04	RSA 326-D:5, I
Mid 103.05, Mid 103.06(a)	RSA 91-A:2, II
Mid 103.06(b)	RSA 541-A:16, I(a)
Mid 103.07	RSA 541-A:16, I(a); RSA 91-A:2, II
Mid 104	RSA 541-A:16, I(a); RSA 91-A:4