Mass. General Laws c.112 § 297

Midwifery; duties in emergency care; liability

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see law about occupational licensing.

Updates

Added by St. 2024, c. 186, § 38, effective November 21, 2024

(a)

A licensed certified professional midwife shall only provide care to a client in the case of a low-risk pregnancy. If at any point during pregnancy, childbirth or postpartum care a client or the newborn’s condition deviates from normal, it shall be the duty of the licensed certified professional midwife to immediately refer or transfer the client or newborn to a physician. If a physician determines that the client’s condition has been resolved such that the risk factors presented by a client’s disease or condition are not likely to significantly affect the course of pregnancy or childbirth, the licensed certified professional midwife may resume care of the client and resume assisting the client during their pregnancy, childbirth or postpartum care. A licensed certified professional midwife shall not provide or continue to provide midwifery care to a client whose pregnancy is no longer low-risk; provided, however, in such circumstances nothing in this section shall prohibit a licensed certified professional midwife from remaining present in a supportive capacity throughout pregnancy and childbirth, in accordance with the client’s wishes. If at any point after delivery, the newborn’s condition deviates from normal, the licensed certified professional midwife shall immediately refer or transfer the client to a physician.

(b)

A licensed certified professional midwife shall prepare, in a form prescribed by the board, a written plan for the appropriate delivery of emergency care. The plan shall include, but not be limited to: (i) consultation with other health care providers; (ii) emergency transfer to a hospital; and (iii) access to neonatal intensive care units and obstetrical units or other patient care areas.

(c)

A health care provider that consults with or accepts a transport, transfer or referral from a licensed certified professional midwife, or that provides care to a client of a licensed certified professional midwife or such client’s newborn, shall not be liable in a civil action for personal injury or death resulting solely from an act or omission by the licensed certified professional midwife.

Last updated:	August 23, 2024