{"data":{"id":"us-ky/krs-314.404","jurisdiction":"us-ky","citation":"KRS 314.404","heading":"Board of Nursing to promulgate administrative regulations based upon","body":"recommendations of the council -- Standards for training programs --\nLicensing requirements -- Disciplinary action -- Fees -- Informed consent --\nAuthority to order medical test s and administer medications -- Information to\nbe included in licensee's annual report to the board -- Requirement to report\ncases of newborn or maternal death -- Conditions requiring  collaboration,\nconsultation, or referral to a physician or other health care provider.\nThe board shall promulgate administrative regulations, based upon recommendations of\nthe council, in accordance with KRS Chapter 13A to:\n(1) Establish required standards for training programs for licensed certified professional\nmidwives;\n(2) Establish licensing requirements for licensed certified professional midwives,\nincluding but not limited to:\n(a) Educational requirements that are consistent with United States educational\naccreditation standards and the United States Midwifery Educati on,\nRegulation, and Association statement on the licensure of certified\nprofessional midwives;\n(b) Competency validation certified by a national organization or agency that\nmeets United States accreditation standards and recognized by the board; and\n(c) Licensed certified professional midwife preceptor programs;\n(3) Establish statewide requirements for licensed certified professional midwives and\nhospitals regarding the transfer of care from a licensed certified professional\nmidwife to a hospital as develop ed by the Transfer Guidelines Work Group\nestablished in KRS 314.414;\n(4) Establish provisions for disciplinary actions for licensed certified professional\nmidwives;\n(5) Establish fees for the initial license not to exceed one thousand dollars ($1,000),\nrenewal of a license, reinstatement of a license, and other fees as may be necessary,\nfor licensed certified professional midwives;\n(6) Establish requirements for informed consent by individuals receiving services from\na licensed certified professional midwife, which shall include:\n(a) A description of the licensed certified professional midwife's education and\ncredentials;\n(b) A description of the scope of practice of certified professional midwifery\npermitted under KRS 314.400 to 314.414, including a summary  of the\nlimitations of the skills and practices of a licensed certified professional\nmidwife;\n(c) Instructions for obtaining a copy of the administrative regulations\npromulgated by the board pursuant to this section;\n(d) Instructions for filing complaints with the board;\n(e) A written protocol for emergencies, including transfer to a higher level of\ncare;\n(f) A description of the procedures, benefits, and risks of birth in the client's\nchosen environment, primarily those c onditions that may arise during\ndelivery;\n(g) Disclosure of professional liability insurance held by the licensed certified\nprofessional midwife;\n(h) A summary of the requirements for consultation, referral or transfer of care as\npromulgated by administrative regulation by the board under this section;\n(i) Procedures established by the licensed certified professional midwife for\nreferral or transfer of care of a client to a physician or other appropriate\nhealthcare providers;\n(j) Procedures established by t he licensed certified professional midwife for\nconsultation or collaboration; and\n(k) Any other information deemed necessary by the board for the patient to\nprovide informed consent for care by a licensed certified professional\nmidwife;\n(7) Establish a lis t of medical tests that a licensed certified professional midwife may\norder when providing certified professional midwifery services that is limited to\nonly those tests that are indicated and approved for the safe conduct of pregnancy,\nlabor and birth, and  care of a client and not intended for the diagnosis or\nmanagement of any acute condition unrelated to pregnancy;\n(8) Establish a formulary of legend medications that a licensed certified professional\nmidwife may obtain, transport, and administer when providing certified professional\nmidwifery services that is limited to only those medications that are indicated and\napproved by the board for the safe conduct of pregnancy, labor and birth, and\nimmediate care of the newborn, immediate management of obstetrica l emergencies,\nor performance of routine prophylactic measures, and that the licensed certified\nprofessional midwife is approved to administer and monitor. This subsection shall\nnot be interpreted to bestow prescriptive authority, and the formulary shall n ot\ninclude Schedule II, III, IV, or V drugs as defined in the Controlled Substances Act,\n21 U.S.C. secs. 812 et seq.;\n(9) Further regulate, as necessary, the provision of certified professional midwifery\nservices;\n(10) Require licensed certified profession al midwives to report to the board annually as\nspecified by the board the following information regarding cases in which the\nlicensed certified professional midwife provided services when the intended place\nof birth at the onset of care was in an out-of-hospital setting:\n(a) The total number of clients provided certified professional midwife services at\nthe onset of care;\n(b) The number of live births attended as a licensed certified professional\nmidwife;\n(c) The number of cases of fetal demise, newborn dea ths, and maternal deaths\nattended as a licensed certified professional midwife at the discovery of the\ndemise or death;\n(d) The number, reason for, and outcome of each transport of a client in the\nantepartum, intrapartum, or immediate postpartum periods;\n(e) A brief description of any complications resulting in the morbidity or\nmortality of a mother or a newborn;\n(f) Planned location of delivery and the actual location of delivery; and\n(g) Any other information deemed necessary by the board;\n(11) Require licensed certified professional midwives to report to the board, within thirty\n(30) days of the occurrence, a case of newborn or maternal death attended by a\nlicensed certified professional midwife at the discovery of the death; and\n(12) Define a list of con ditions requiring collaboration, consultation, or referral of a\nclient to a physician or other appropriate licensed health care provider, and the\nprocess for such collaboration, consultation, or referral.","path":["KRS Chapter 314"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48875","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:11Z","sha256":"05bb65ce73025b850aa2370ff657db76f0e6e2cbc31c7f4d3dc3235e2e129a55","source_id":"us-ky","stale":false,"prev":"us-ky/krs-314.402","next":"us-ky/krs-314.406"},"notice":"GroundRules: Original legal text. Not legal advice."}