LICENSED MIDWIVES
Subch. XIII of ch. 440 Cross-reference
Cross-reference: See also chs.
SPS 180,
181,
182, and
183, Wis. adm. code.
440.9805
440.9805
Definitions. In this subchapter:
440.9805(1)
(1) “Health care provider" means a health care provider, as defined in
s. 146.81 (1) (a) to
(p), a person licensed or issued a training permit as an emergency medical technician under
s. 256.15, or a person certified as a first responder under
s. 256.15 (8) (a).
440.9805(2)
(2) “Licensed midwife" means a person who has been granted a license under this subchapter to engage in the practice of midwifery.
440.9805(3)
(3) “Practice of midwifery" means providing maternity care during the antepartum, intrapartum, and postpartum periods.
440.981
440.981
Use of title; penalty. 440.981(1)
(1) No person may use the title “licensed midwife," describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this subchapter or is licensed as a nurse-midwife under
s. 441.15.
440.981(2)
(2) Any person who violates
sub. (1) may be fined not more than $250, imprisoned not more than 3 months, or both.
440.981 History
History: 2005 a. 292.
440.982(1)(1) No person may engage in the practice of midwifery unless the person is granted a license under this subchapter, is granted a temporary permit pursuant to a rule promulgated under
s. 440.984 (2m), or is licensed as a nurse-midwife under
s. 441.15.
440.982(1m)
(1m) Except as provided in
sub. (2), the department may grant a license to a person under this subchapter if all of the following apply:
440.982(1m)(a)
(a) The person submits an application for the license to the department on a form provided by the department.
440.982(1m)(c)
(c) The person submits evidence satisfactory to the department of one of the following:
440.982(1m)(c)1.
1. The person holds a valid certified professional midwife credential granted by the North American Registry of Midwives or a successor organization.
440.982(1m)(c)2.
2. The person holds a valid certified nurse-midwife credential granted by the American College of Nurse Midwives or a successor organization.
440.982(1m)(d)
(d) The person submits evidence satisfactory to the department that the person has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
440.982(2)
(2) The department may not grant a license under this subchapter to any person who has been convicted of an offense under
s. 940.22,
940.225,
944.06,
944.15,
944.17,
944.30 (1m),
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.051,
948.06,
948.07,
948.075,
948.08,
948.09,
948.095,
948.10,
948.11, or
948.12 or under
s. 940.302 (2) if
s. 940.302 (2) (a) 1. b. applies.
440.982 Cross-reference
Cross-reference: See also ch.
SPS 181, Wis. adm. code.
440.983
440.983
Renewal of licensure. 440.983(1)
(1) The renewal date for licenses granted under this subchapter is specified in
s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under
s. 440.03 (9) (a).
440.983(2)
(2) A licensed midwife shall, at the time that he or she applies for renewal of a license under
sub. (1), submit proof satisfactory to the department of all of the following:
440.983(2)(a)
(a) He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
440.983(2)(b)
(b) He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
440.983 History
History: 2005 a. 292;
2007 a. 20,
104.
440.984(1)(1) The department shall promulgate rules necessary to administer this subchapter. Except as provided in
subs. (2),
(2m), and
(3), any rules regarding the practice of midwifery shall be consistent with standards regarding the practice of midwifery established by the National Association of Certified Professional Midwives or a successor organization.
440.984(2)
(2) The rules shall allow a licensed midwife to administer oxygen during the practice of midwifery.
440.984(2m)
(2m) The rules shall provide for the granting of temporary permits to practice midwifery pending qualification for licensure.
440.984(3)
(3) The rules may allow a midwife to administer, during the practice of midwifery, oxytocin (Pitocin) as a postpartum antihemorrhagic agent, intravenous fluids for stabilization, vitamin K, eye prophylactics, and other drugs or procedures as determined by the department.
440.984(4)
(4) The rules may not do any of the following:
440.984(4)(a)
(a) Require a licensed midwife to have a nursing degree or diploma.
440.984(4)(b)
(b) Require a licensed midwife to practice midwifery under the supervision of, or in collaboration with, another health care provider.
440.984(4)(c)
(c) Require a licensed midwife to enter into an agreement, written or otherwise, with another health care provider.
440.984(4)(d)
(d) Limit the location where a licensed midwife may practice midwifery.
440.984(4)(e)
(e) Permit a licensed midwife to use forceps or vacuum extraction.
440.984 History
History: 2005 a. 292.
440.984 Cross-reference
Cross-reference: See also chs.
SPS 180,
181,
182, and
183, Wis. adm. code.
440.985
440.985
Informed consent. A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and disclose to the client orally and in writing all of the following:
440.985(1)
(1) The licensed midwife's experience and training.
440.985(2)
(2) Whether the licensed midwife has malpractice liability insurance coverage and the policy limits of any such coverage.
440.985(3)
(3) A protocol for medical emergencies, including transportation to a hospital, particular to each client.
440.985(4)
(4) Any other information required by department rule.
440.985 History
History: 2005 a. 292.
440.985 Cross-reference
Cross-reference: See also s.
SPS 182.01, Wis. adm. code.
440.986
440.986
Disciplinary proceedings and actions. 440.986(1)(1) Subject to the rules promulgated under
s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.986(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a licensed midwife or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the licensed midwife has done any of the following:
440.986(2)(a)
(a) Intentionally made a material misstatement in an application for a license or for renewal of a license.
440.986(2)(b)
(b) Subject to
ss. 111.321,
111.322, and
111.34, practiced midwifery while his or her ability to engage in the practice was impaired by alcohol or other drugs.
440.986(2)(c)
(c) Advertised in a manner that is false or misleading.
440.986(2)(d)
(d) In the course of the practice of midwifery, made a substantial misrepresentation that was relied upon by a client.
440.986(2)(e)
(e) In the course of the practice of midwifery, engaged in conduct that evidences an inability to apply the principles or skills of midwifery.
440.986(2)(f)
(f) Obtained or attempted to obtain compensation through fraud or deceit.
440.986(2)(g)
(g) Allowed another person to use a license granted under this subchapter.
440.986(2)(h)
(h) Violated any law of this state or federal law that substantially relates to the practice of midwifery, violated this subchapter, or violated any rule promulgated under this subchapter.
440.986(3)
(3) Subject to the rules promulgated under
s. 440.03 (1), the department shall revoke a license granted under this subchapter if the licensed midwife is convicted of any of the offenses specified in
s. 440.982 (2).
440.986 History
History: 2005 a. 292.
440.986 Cross-reference
Cross-reference: See also ch.
SPS 183, Wis. adm. code.
440.987
440.987
Advisory committee. If the department appoints an advisory committee under
s. 440.042 to advise the department on matters relating to the regulation of licensed midwives, the committee shall consist of only the following:
440.987(1)
(1) Two members who are licensed midwives.
440.987(2)
(2) One member who is licensed as a nurse-midwife under
s. 441.15 and who practices in an out-of-hospital setting.
440.987(3)
(3) One member who is a physician specializing in obstetrics and gynecology.
440.987(4)
(4) One public member who has received midwifery care in an out-of-hospital setting.
440.987 History
History: 2005 a. 292.
440.988
440.988
Vicarious liability. No health care provider shall be liable for an injury resulting from an act or omission by a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife.
440.988 History
History: 2005 a. 292.
UNIFORM ATHLETE AGENTS ACT
440.99
440.99
Definitions. In this subchapter:
440.99(1)
(1) “Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract.
440.99(2)
(2) “Athlete agent" means an individual who enters into an agency contract with a student athlete or recruits or solicits a student athlete to enter into an agency contract. “Athlete agent" includes an individual who represents to the public that the individual is an athlete agent. “Athlete agent" does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. “Athlete agent" also does not include an individual who provides information to a student athlete, but who does not recruit or solicit the student athlete to enter into an agency contract.
440.99(3)
(3) “Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
440.99(4)
(4) “Contact" means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.
440.99(5)
(5) “Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
440.99(6)
(6) “Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.
440.99(7)
(7) “Professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
440.99(8)
(8) “Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
440.99(9)
(9) “Registration" means registration as an athlete agent under this subchapter.
440.99(10)
(10) “State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
440.99(11)
(11) “Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.
440.99 History
History: 2003 a. 150.
440.9905
440.9905
Service of process. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
440.9905 History
History: 2003 a. 150.
440.991
440.991
Athlete agents: registration required; void contracts.
