Licensed Midwifery

The Council of Licensed Midwifery was created within the Department of Health to assist the Department in all aspects of regulating the practice of midwifery in the state of Florida, to protect the health and welfare of mothers and infants. As authorized by 467, Florida Statutes, the Department issues licenses to Midwives. A license is required to practice midwifery in Florida.

The Council of Licensed Midwifery does not license Certified Nurse Midwives. Certified Nurse Midwives are Advanced Practice Registered Nurses, and are licensed by the Board of Nursing.

2023 New Legislation Impacting Your Profession

HB 139 Benefits, Training and Employment for Veterans and Their Spouses

Effective: July 1, 2023
HB 139 (Full Text)

The bill establishes the Office of Veteran Licensure Services within the Florida Department of Health, Division of Medical Quality Assurance to provide information, guidance, direction, and assistance with health care licensure processes for all veterans and their spouses. Additionally, the bill requires Veterans Florida to assist veterans and their spouses with access, training, education, and employment in Florida’s health care professions.

HB 267 Telehealth Practice Standards

Effective: July 1, 2023
HB 267(Full Text)

The bill revises the definition of telehealth to include audio-only telephone call in the telehealth technology authorization statute.

SB 252 Protection from Discrimination Based on Health Care Choices

Effective: July 1, 2023
SB 252(Full Text)

The bill prohibits business entities and governmental entities from requiring a person to provide certain documentation or requiring a COVID-19 test to gain access to, entry upon, or service from such entities or as a condition of contracting, hiring, promotion, or continued employment; prohibiting business and governmental entities from refusing to hire persons, discharging persons, depriving or attempting to deprive persons of employment opportunities, adversely affecting persons with respect to employment, or otherwise discriminating against any person based on knowledge or belief of a person’s vaccination or COVID-19 post infection recovery status or failure to take a COVID-19 test. The bill requires such entities to provide exemptions and reasonable accommodations for religious and medical reasons.

The bill amends several statutes in order to prohibit mask mandates, mandates on emergency use authorizations (EUA) vaccinations, messenger ribonucleic acid (mRNA) vaccinations, and COVID-19 vaccinations, and COVID-19 testing mandates in educational institutions, business entities, and governmental entities. The bill prohibits these entities and institutions from requiring proof of a vaccination with one of the specified types of vaccinations, post infection recovery from COVID-19, or a COVID-19 test to gain access to, entry upon, or service from the entity or institution. The bill also prohibits business and governmental entities from certain employment practices based on an employee’s, or a potential employee’s, vaccination or post infection status or the refusal to take a COVID-19 test. The bill’s provisions relating to mRNA vaccines are repealed on June 1, 2025.

Additionally, the bill prohibits business entities, governmental entities, and educational institutions from requiring a person to wear a mask, a face shield, or any other facial covering that covers the nose and mouth or denying a person access to, entry upon, service from, or admission to such entity or institution or otherwise discriminating against any person based on his or her refusal to wear a mask, face shield, or other facial covering. The bill provides exceptions to these prohibitions for health care providers and practitioners, if the provider or practitioner meets specific requirements established by the bill, and for when a mask or facial covering is required safety equipment. Business entities and governmental entities that violate these provisions are subject to discipline by the Florida Department of Legal Affairs (DLA) while educational institutions are subject to discipline by the Florida Department of Health (DOH). Such discipline may include fines of up to $5,000 for each violation.

The bill establishes requirements for mandating masks in health care settings. The bill requires the DOH and the Agency for Health Care Administration (AHCA) to jointly develop standards for the use of facial coverings in such settings by July 1, 2023, and requires each health care provider and health care practitioner who operates or manages an office to establish policies and procedures for facial coverings by August 1, 2023, that are consistent with the standards adopted by the DOH and the AHCA if they require any individual to wear a mask.

The bill prohibits governmental entities and educational institutions from adopting, implementing, or enforcing an international health organization guideline unless authorized by state law, rule, or executive order issued pursuant to a declared emergency.

The bill also creates and amends several statutes related to the provision of health care for COVID-19 including:

Prohibiting a hospital from interfering with COVID-19 treatment alternatives that are recommended by a health care practitioner with privileges at the hospital.

Requiring a health care practitioner to obtain specified informed consent from a patient before prescribing any medication for the treatment of COVID-19 to the patient.

Prohibiting a pharmacist from being disciplined for properly dispensing medications prescribed for the treatment of COVID-19.

What is a midwife? 

“Midwife” means any person not less than 21 years of age, other than a licensed physician or certified nurse midwife, who is licensed under this chapter to supervise the birth of a child. 467.003(7), Florida Statutes

What is midwifery? 

“Midwifery” means the practice of supervising the conduct of a normal labor and childbirth, with the informed consent of the parent; the practice of advising the parents as to the progress of childbirth; and the practice of rendering prenatal and postpartal care. 467.003(8), Florida Statutes

Why do we license midwives? 

“The Legislature recognizes the need for a person to have the freedom to choose the manner, cost, and setting for giving birth. The Legislature finds that access to prenatal care and delivery services is limited by the inadequate number of providers of such services and that the regulated practice of midwifery may help to reduce this shortage. The Legislature also recognizes the need for the safe and effective delivery of newborn babies and the health, safety, and welfare of their mothers in the delivery process. The Legislature finds that the interests of public health require the regulation of the practice of midwifery in this state for the purpose of protecting the health and welfare of mothers and infants.” 467.002, Florida Statutes.

What is a Certified Professional Midwife (CPM)? Can I practice midwifery in Florida as a CPM? 

The North American Registry of Midwives (NARM) offers the credential of Certified Professional Midwife at the national level. While many requirements to receive this certification from the NARM overlap with licensing requirements for Licensed Midwives, a CPM alone is not enough to practice in Florida.

Latest Updates 

Adverse Incident Reporting for Planned Out-of-Hospital Births

Senate Bill 510 was approved by Governor Scott on March 19th, 2018. This legislation provided requirements for the reporting of adverse incidents in planned out-of-hospital births under the Medical Practice Act (Section 456.0495, Florida Statutes). Subsequently, the Department implemented this legislation by adopting a standard form for use in reporting adverse incidents as required by 456.0495, F.S.

WHO IS REQUIRED TO REPORT?

• Medical Doctors (Chapter 458, F.S.)
• Doctors of Osteopathic Medicine (Chapter 459, F.S.)
• Certified Nurse Midwives (Chapter 464, F.S.)
• Licensed Midwives (Chapter 467, F.S.)

WHAT IS REQUIRED FOR REPORTING?
You will be required to report adverse incidents occurring in planned out-of-hospital births do the Department within 15 days after the adverse incident.

To report these incidents, you will be required to use DH-MQA 5029 - Adverse Incident Report for Planned Out-of-Hospital Births.

WHAT IS CONSIDERED AN ADVERSE INCIDENT DURING A PLANNED OUT-OF-HOSPITAL BIRTH?
456.0495(1)(a) - (g), F.S. lists the following occurrences as adverse incidents:

• A maternal death that occurs during delivery or within 42 days after delivery.
• The transfer of a maternal patient to a hospital intensive care unit.
• A maternal patient experiencing hemorrhagic shock or requiring a transfusion of more than 4 units of blood or blood products.
• A fetal or newborn death, including a stillbirth, associated with obstetrical delivery.
• A transfer of a newborn to a neonatal intensive care unit due to a traumatic physical or neurological birth injury, including any degree of a brachial plexus injury.
• A transfer of a newborn to a neonatal intensive care unit within the first 72 hours after birth if the newborn remains in such unit for more than 72 hours.