Brief Description: The Board of Certified Direct-Entry Midwives proposes to update various regulations relating to certification requirements, apprentice, course of study, supervised clinical experience, examination, renewal requirements, continuing education, verification of compliance, reinstatement, practice, consultation and referral, transfer, prohibited or permitted practices, and medications. 

The Board of Certified Direct-Entry Midwives (Board) proposes to adopt regulation changes in Title 12, Chapter 14 of the Alaska Administrative Code including the following:

1. 12 AAC 14.110. Certification by examination, is proposed to amend the application requirements for certification by examination to practice as a direct-entry midwife.
2. 12 AAC 14.120. Certification by credentials, is proposed to amend the application requirements for certification by credentials to practice as a direct-entry midwife.
3. 12 AAC 14.130. Review of an apprentice direct-entry midwife permit application, is proposed to amend the requirements for obtaining a permit to practice as an apprentice direct-entry midwife.
4. 12 AAC 14.150. Scope of practice, is proposed to be repealed.
5. 12 AAC 14.200. Course of study requirements, is proposed to amend the course of study requirements for certification as a direct-entry midwife.
6. 12 AAC 14.210. Supervised clinical experience requirements, is proposed to amend the supervised clinical experience requirements.
7. 12 AAC 14.300. Examination, is proposed to amend the requirements to sit for an examination for certification as a direct-entry midwife.
8. 12 AAC 14.400. Certification renewal requirements, is proposed to change the certification renewal date from December 31 of even numbered years to March 31 of odd numbered years, and amend the certification renewal requirements.
9. 12 AAC 14.420. Continuing education requirements, is proposed to amend the continuing education requirements.
10. 12 AAC 14.430. Approved continuing education programs, is proposed to amend the provisions relating to approved continuing education programs.
11. 12 AAC 14.440. Continuing professional practice requirements, is proposed to remove an exception citing a repealed regulation.
12. 12 AAC 14.450. Continuing competency requirements for first time certificate renewals, is proposed to be repealed.
13. 12 AAC 14.460. Verification of compliance, is proposed to update conforming regulation citations.
14. 12 AAC 14.470. Reinstatement of a lapsed certificate, is proposed to amend the application requirements for reinstatement of a lapsed certificate.
15. 12 AAC 14.500. Practice, is proposed to amend the standards and practice of a certified direct-entry midwife.
16. 12 AAC 14.510. Consultation and referral, is proposed to amend the consultation and referral requirements for a certified direct-entry midwife.
17. 12 AAC 14.520. Transfer, is proposed to amend the transport requirements for a client by a certified direct-entry midwife.
18. 12 AAC 14.530. Prohibited practices, is proposed to amend the prohibited practices of a certified direct-entry midwife.
19. 12 AAC 14.560. Permitted practices, is proposed to amend the practices of a certified direct-entry midwife who provides acceptable documentations to the board.
20. 12 AAC 14.570. Medications, is proposed to amend the provisions related to administration of medications by a certified direct-entry midwife.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/208021, and using the comment link. The comments must be received not later than 4:30 p.m. on October 5, 2022. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/Midwives.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than September 28, 2022 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/MID-0922.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority: AS 08.01.100; AS 08.65.030; AS 08.65.050; AS 08.65.060; AS 08.65.070; AS 08.65.080; AS 08.65.090; AS 08.65.140; AS 08.65.190
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.65.030; AS 08.65.050; AS 08.65.060; AS 08.65.070; AS 08.65.080; AS 08.65.090; AS 08.65.140; AS 08.65.190

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: 9/2/2022
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency: Board of Certified Direct-Entry Midwives – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation: Certification requirements, apprentice, course of study, supervised clinical experience, examination, renewal requirements, continuing education, verification of compliance, reinstatement, practice, consultation and referral, transfer, prohibited or permitted practices, and medications.

3.   Citation of regulation: 12 AAC 14.110 through 12 AAC 14.570.

4.   Department of Law file number: To be assigned.

5.   Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.

6.   Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
     A private person: None known.
         Another state agency: None known.
         A municipality: None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):  No costs are expected in FY 2023 or in subsequent years.

9.   The name of the contact person for the regulation:
     Sara Chambers, Division Director
         Division of Corporations, Business and Professional Licensing
         Department of Commerce, Community, and Economic Development
         E-mail: sara.chambers@alaska.gov

10.   The origin of the proposed action: Board of Certified Direct-Entry Midwives.

11.   Date: 9/2/2022
Prepared by: Jun Maiquis
                    Regulations Specialist