3 CCR 716-1.28 - [Effective 8/21/2025] RULES AND REGULATIONS FOR LICENSURE OF CERTIFIED MIDWIVES
A.
BASIS: The authority for the promulgation of these rules and
regulations by the State Board of Nursing is set forth in sections
12-20-202(3),
12-20-204(1),
12-255-107(1)(b), (d), and
(j),
12-255-109,
12-255-110, 12-255-11.5,
12-255-114,
12-255-115,
12-255-121, and
12-255-122, C.R.S.
B.
PURPOSE: To specify
requirements for obtaining and maintaining Certified Midwife
licensure.
C.
DEFINITIONS:
For the purposes of Rule 1.28, the following terms have the indicated meaning:
1. Applicant: Any
individual seeking a license to practice as a Certified Midwife in the State of
Colorado.
2. Board: The Colorado
State Board of Nursing.
3.
Certified Midwife (CM) means an individual who meets the qualification for
practice as a certified midwife and holds an active certificate from The
American Midwifery Certification Board (AMCB) or its successor
entity.
4. Certification Board: A
non-governmental agency approved by the Board that validates by examination,
based on pre-determined standards, an individual's qualifications and knowledge
for practice as a Certified Midwife.
5. Good Standing means unencumbered or no
current restrictions on a license to practice.
6. Licensure: Includes the authority to
practice as a Certified Midwife granted through the process of examination,
endorsement, renewal, reinstatement and/or reactivation
7. Independent Practice: The practice of
Certified Midwife as defined in section
12-255-104 (7.5), C.R.S. for which
the Certified Midwife is solely responsible and performs on his/her own
initiative, and which occurs in a setting for which no exception as set forth
in Section (I)(2) of Rule 1.28 applies.
D.
REQUIREMENTS FOR ALL
APPLICANTS
1. Must submit a CM
application in a manner approved by the Board.
2. Pay application fee.
3. Submit proof of certification from the
American Midwifery Certification Board as evidence of passing the AMCB
Certification exam from the American Midwifery Certification Board or its
successor entity in a manner approved by the Board.
4. Submit fingerprints for the purpose of
obtaining criminal history record information from the Federal Bureau of
Investigation and the Colorado Bureau of Investigation responsible for
retaining the state's criminal records set forth in 12-255-111.5
C.R.S.
E.
APPROVED
EXAMINATION FOR ORIGINAL LICENSING
1.
The American Midwifery Certification Board (AMCB) Certification Exam is the
required examination in the Licensure process. An Applicant must achieve a
passing score as determined by AMCB and certified in order to be eligible for
Licensure as a Certified Midwife.
F.
LICENSURE BY ENDORSMENT
1. Pursuant to the Occupational Credential
Portability Program under section
12-20-202(3),
C.R.S., an Applicant is entitled to Licensure as a Certified Midwife by
endorsement in Colorado if the Applicant has met the requirements of Sections
(D)(1), (D)(2), (E)(1) of Rule 1.28 and is currently licensed in Good Standing
in another state or U.S. territory.
a. The
Applicant:
(1) Has substantially equivalent
experience or credentials that are required by Article 255 of Title 12, C.R.S.;
or
(2) Has held for at least one
year a current and valid license as a Certified Midwife in a jurisdiction with
a scope of practice that is substantially similar to the scope of practice for
certified midwives specified in Article 255 of Title 12, C.R.S.
2. The Board may deny
such license if:
a. The Board demonstrates by
a preponderance of evidence, after notice and opportunity for a hearing, that
the Applicant:
(1) Lacks the requisite
substantially equivalent education, experience, or credentials for a license;
or
(2) Has committed an act that
would be grounds for disciplinary action under Article 255 of Title 12,
C.R.S.
G.
REINSTATEMENT AND
REACTIVATION
1. A licensee who does not
renew his or her license within the 60 day grace period, as set forth in
section 12-20-202 (1) (e)
C.R.S., will have an expired license and will be ineligible to practice until
such license is reinstated.
2. A
licensed Certified Midwife may elect inactive status in accordance with section
12-255-122, C.R.S. A licensee may
not apply for inactive status to avoid disciplinary action. Upon inactivation
any and all authorities attached to the license will be cancelled.
3. The licensee must apply for reinstatement
or reactivation in a manner approved by the Board.
4. The licensee applying for reinstatement or
reactivation must pay the application fee.
5. A licensee who has practiced on an expired
or inactive license may be subject to disciplinary action.
6. A licensee whose Certified Midwife license
has been expired or inactive must comply with Section (D)(3) and (D)(4) of this
Rule 1.28.
7. The application for
reinstatement or reactivation shall be denied if the Board determines:
a. The Certified Midwife reinstatement or
reactivation applicant has not actively practiced as a Certified Midwife in
another state for the two-year period immediately preceding application,
or
b. The reinstatement or
reactivation applicant does not provide evidence of an active certificate from
the American Midwifery Certification Board (AMCB) or its successor
entity.
H.
VOLUNTEER LICENSURE
1. Applicants
for Volunteer Licensure must meet all requirements of section
12-255-115, C.R.S.
a. Currently holds a license to practice as a
Certified Midwife, and the license is due to expire unless renewed;
or
b. Is currently not engaged in
the practice as a Certified Midwife either full-time or part-time and has,
prior to ceasing practice, maintained full Licensure in Good Standing in any
state or territory of the United States.
2. A licensee in volunteer status in
accordance with section
12-255-115, C.R.S., may apply to
reinstate to active status. The reinstatement application must be submitted as
described in Section (G)(3) and (G)(4) of Rule 1.28 and the Applicant must
demonstrate competency by the following:
a.
Proof they have actively volunteered as a Certified Midwife during the two-year
period immediately preceding application; and
b. Submit proof of active certification from
the American Midwifery Certification Board or its successor entity in a manner
approved by the Board.
I.
REQUIREMENTS FOR PROFESSIONAL
LIABILITY INSURANCE
1. Pursuant to the
requirements of section
12-255-113(1),
C.R.S., it is unlawful for any Certified Midwife to be engaged in an
Independent Practice of midwifery to practice within the state of Colorado
unless the Certified Midwife purchases and maintains or is covered by
professional liability insurance in an amount not less than five hundred
thousand dollars per claim with an aggregate liability for all claims during
the year of one million five hundred thousand dollars.
2. Pursuant to these rules, a Certified
Midwife whose Independent Practice falls entirely within one or more of the
following categories is exempt from the professional liability insurance
requirements set forth in section
12-255-113, C.R.S.:
a. A federal civilian or military Certified
Midwife whose practice is limited solely to that required by his or her
federal/military agency.
b. A
Certified Midwife who is covered by individual professional liability coverage
(or an alternative which complies with section
12-255-113(1),
C.R.S.) or liability insurance that is maintained by an employer/contracting
agency in the amounts set forth in section
12-255-113(1),
C.R.S.
c. A Certified Midwife who
provides uncompensated health care; or
d. A Certified Midwife who practices as a
public employee under the "Colorado Governmental Immunity Act, sections
24-10-101 to 118,
C.R.S."
3. In order to
establish eligibility for an exemption from the statutory financial
responsibility requirements, a Certified Midwife must provide such information
as may be requested by the Board.
4. Failure to maintain professional liability
insurance pursuant to section
12-255-113, C.R.S. may be grounds
for discipline pursuant to section
12-255-120(1)(aa),
C.R.S.
J.
GENERAL
GUIDELINES
1. A licensee who fails to
maintain certification, or who practices on an expired or inactive license may
be subject to disciplinary action.
2. For any licensee who fails to answer
application questions accurately, the failure constitutes grounds for
discipline under 12-255-120(1)(v), C.R.S..
3. Any application not completed within one
year of the date of receipt of the original application expires and will be
purged.
K.
CERTIFIED MIDWIFE SCOPE OF PRACTICE
1. A Certified Midwife scope of practice is
set by the American College of Nurse- Midwives (ACNM) as set forth in the ACNM
Core Competencies for Basic Midwifery Practice (effective March 20, 2020) and
incorporated by reference. The standards and regulations incorporated by
reference may be examined at the State Board of Nursing, 1560 Broadway, Suite
1350, Denver, Colorado 80202, during normal business hours, Monday through
Friday, except when such days are state holidays. Certified copies of the
incorporated standards shall be provided at cost upon request. The Program
Director or the Program Director's designee will provide information regarding
how the incorporated standards and regulations may be examined at any state
public depository library. The standards and regulations are also available
online from the agency, organization or association originally issuing the
code, standard, guideline or rules as follows: ACNM-Core Competencies for Basic
Midwifery Practice (effective March 20, 2020) at-https://midwife.org/standard-setting-documents/.
This rule does not include any later amendments or editions of the code,
standard, guideline, or rule.
2.
Certified Midwifery is not the practice of nursing.
L.
CHANGE OF NAME AND ADDRESS
1. The licensee must supply the Board legal
evidence of a name change within 30 days of the effective date of the name
change.
2. The licensee must notify
the Board within 30 days of any change of address. This notification may be
submitted in writing or through the Board's on-line system.
3. Any notification by the Board to licensees
required or permitted under The Nurse and Nurse Aide Practice Act sections
12-255-101 to
12-255-135, C.R.S., or the State
Administrative Procedure Act sections
24-4-104 to 108 C.R.S., will be
addressed to the last address provided in writing to the Board by the licensee
and any such mailing will be deemed proper service on said licensee
Adopted: January 24, 2024
Effective: March 16, 2024
Notes
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