CHAPTER
Mid 100 ORGANIZATIONAL
RULES
PART
Mid 101 PURPOSE
Mid 101.01 Purpose. These rules implement the statutory
responsibilities of the New Hampshire Midwifery Council created by RSA 326-D:3.
Source. #7412,
eff 12-5-00
PART
Mid 102 DEFINITIONS
Mid 102.01 Definitions.
(a)
“Council” means "council" as defined in RSA 326-D:2, II, namely, "the midwifery council established in
RSA 326-D:3".
(b)
"Midwifery" means "midwifery" as defined in RSA
326-D:2, V, namely, "the practice, by persons
other than physicians or surgeons licensed under RSA 329, nurses registered
under RSA 326-B, or physician's assistants licensed under RSA 328-D, of:
(1) Providing the necessary supervision, care and
advice to women during pregnancy, labor and the postpartum period;
(2) Conducting vaginal deliveries on the
midwife's own responsibility, and caring for the newborn and the infant; such
care to mother and child to include preventive measures, the detection of
abnormal conditions, the procurement of medical assistance, and the execution
of emergency measures in the absence of medical help; and
(3) Consulting with a
physician whenever there are significant deviations from normal or whenever
there is a medical emergency in either the mother or the infant."
Source. #7412,
eff 12-5-00
PART
Mid 103 DESCRIPTION
OF THE COUNCIL AND COUNCIL MEETINGS
Mid 103.01 Composition of the Council. The council consists of 6 members appointed
pursuant to, and meeting the eligibility requirements of, RSA 326-D:3, I.
Source. #7412,
eff 12-5-00
Mid 103.02 Responsibilities of the
Council. The council’s
responsibilities include, but are not limited to:
(a)
Establishing qualifications for certification to practice midwifery,
renewal of certification and recertification after lapse of certification;
(b)
Issuing certificates to practice midwifery;
(c)
Establishing fees for the examination of applicants and for
certification and renewal of certification;
(d)
Defining the scope of practice and procedures for the practice of
midwifery in accordance with RSA 326-D:5, I(c);
(e)
Regulating the practice of midwifery through necessary investigations,
disciplinary proceedings and disciplinary action; and
(f)
Reporting to the commissioner of health and human services concerning
the practice of midwifery.
Source. #7412,
eff 12-5-00
Mid 103.03 Council Meetings and Quorum.
(a) Pursuant to RSA
326-D:3, IV the council shall meet no fewer
than 4 times a year and at such additional times as the council chair or a
majority of the council members shall designate.
(b) Pursuant to RSA 326-D:3, IV the quorum
required for council meetings is 4 members.
Source. #7412,
eff 12-5-00
Mid 103.04 Ineligibility of Council
Members to Vote On Certain Matters and Participate in Certain Deliberations.
(a)
A council member shall not be eligible to vote on, or participate in the
council's deliberations about, matters pertaining to:
(1) The member's own application for initial or
renewal certification or recertification; and
(2) Any matter in which the member has a
personal, professional, or financial interest including, but not limited to, any
matter involving:
a. The
member;
b. The
member's spouse, parent, child or business partner; or
c. A
business investment of the member.
(b)
Under the circumstances described in paragraph (a) the council member
shall:
(1) Promptly disclose to the council his or her
interest; and
(2) Recuse himself or
herself from voting on, and participating in council deliberations about, the
matter.
Source. #7412,
eff 12-5-00
Mid 103.05 Attendance at Meetings By
Members of the Public. Pursuant to
RSA 91-A:2, II, members of the public may attend and record council meetings,
except for those parts of the meetings which are nonpublic sessions as defined
in RSA 91-A:3.
Source. #7412,
eff 12-5-00
Mid 103.06 Notice of Meetings.
(a) Notice of the time and place of council
meetings, excluding emergency meetings, shall be given in accordance with RSA
91-A:2, II.
(b) Information about the time and place of
council meetings shall also be available by telephone at the number stated in
Mid 104.01 (b).
Source. #7412,
eff 12-5-00
Mid 103.07 Minutes of Council Meetings.
(a)
Minutes shall be kept of council meetings and of official actions taken
by the council.
(b)
Such minutes shall:
(1) Record the members participating in each
vote; and
(2) Separately record the position of members who
dissent, abstain or concur.
Source. #7412,
eff 12-5-00
PART Mid 104 PUBLIC REQUESTS FOR INFORMATION
Mid 104.01 Office Location and Mailing
Address, Telephone Number, and Number for TTY Users.
(a) The council's
office location and mailing address is:
NH Midwifery Council
(b) The council's
telephone number is (603) 271-0602.
(c) Access for TTY
users is through Relay New Hampshire by calling 711.
Source. #7412,
eff 12-5-00; ss by #12039, eff 11-10-16
Mid 104.02 Communication with the
Council.
(a)
Persons wishing to make submissions to, or requests of, the council may
mail a letter to the address stated in Mid 104.01(a), call the number stated in Mid 104.01
(b) or communicate by TTY using the number stated in Mid 104.01(c).
(b) Persons seeking
information from the council may do so by mail, telephone or TTY as described
in paragraph (a).
Source. #7412,
eff 12-5-00
Mid 104.03 Public
Access to Records.
(a) Pursuant to RSA
91-A:4 members of the public may inspect and copy those records of the council,
including meeting minutes, which are public records and not exempt from
disclosure under RSA 91-A:5 or other applicable law.
(b) Public records
shall be inspected and copied at the office of the council at the location
stated in Mid 104.01(a) during regular business hours.
(c) Persons desiring
copies of public records shall reasonably describe the information being sought
and pay the actual cost of the copies.
(d) If records are requested which contain both public and
confidential information, the council shall delete the confidential information
and provide the remaining information.
Source. #7412,
eff 12-5-00
Appendix
Rule |
|
|
|
Mid
101 and Mid 102 |
RSA
541-A:7 |
Mid
103.01 |
RSA
326-D:3, I |
Mid
103.02 |
RSA
326-D:4, I; RSA 326-D:5, I |
Mid
103.03 |
RSA
326-D:3, IV |
Mid
103.04 |
RSA
326-D:5, I |
Mid
103.05, Mid 103.06(a) |
RSA
91-A:2, II |
Mid
103.06(b) |
RSA
541-A:16, I(a) |
Mid
103.07 |
RSA
541-A:16, I(a); RSA 91-A:2, II |
Mid
104 |
RSA
541-A:16, I(a); RSA 91-A:4 |