SB136: SB136 Health; licensure and regulation of community midwives; provide

Georgia currently regulates midwifery under a chapter of Title 31 of the state code dealing with health. This bill repeals that chapter entirely and replaces it with a new licensing framework under Title 43, the part of Georgia law covering professions and businesses. It creates the Certified Community Midwife Board, a five-member panel appointed by the Governor, made up of four certified community midwives and one member of the public, to license and regulate this new profession. The bill spells out who can become a certified community midwife (CCM), including apprenticeship, CPR certification, and coursework requirements, and lists the specific medical tasks a CCM may and may not perform, such as giving certain medications but not administering epidurals or using forceps. It also requires written informed consent before care begins, sets discipline and fines for violations, and makes unlicensed practice a misdemeanor. The bill does not specify a separate effective date, so it would take effect under Georgia's standard rules once signed.

• Repeals Chapter 26 of Title 31 of the Georgia code, which currently governs the practice of midwifery, and marks it reserved.
• Creates a new Certified Community Midwifery Act under Title 43 establishing a licensing and regulatory system for "certified community midwives" (CCMs).
• Establishes the five-member Certified Community Midwife Board, appointed by the Governor, to issue licenses, set rules, and discipline midwives.
• Sets specific licensing requirements including apprenticeship experience, CPR certification, background checks, and passing a certification exam.
• Lists medical tasks a CCM may perform, such as giving certain medications and suturing minor tears, and bans others, such as forceps use or epidurals.
• Makes practicing as a certified community midwife without a license a misdemeanor and allows the board to fine violators between $100 and $500 per violation.

The bill affects midwives currently or seeking to practice in Georgia, pregnant women and new mothers who use midwifery care, physicians and nurse midwives who consult or collaborate with midwives, and the state Department of Public Health, which currently oversees midwifery under Title 31.

Georgia families who choose midwife-assisted, out-of-hospital births would see the rules governing who can legally provide that care change substantially, including new training and licensing standards, a new state board, restrictions on specific procedures midwives can perform, and criminal penalties for practicing without a license.

• Section 1 repeals Chapter 26 of Title 31, ending the current legal framework for midwifery practice in Georgia.
• Section 3 creates new Code Section 43-24B-3 establishing the Certified Community Midwife Board with five Governor-appointed members serving two-year terms.
• Section 43-24B-5 sets licensing requirements, including three years of apprenticeship, CPR certification, background checks, and specific coursework, with an alternative path for those with ten years of experience and 50 documented births.
• Section 43-24B-7 allows the board to discipline licensees for misconduct such as misrepresentation, breach of confidentiality, or false advertising, and to impose fines of $100 to $500 per violation.
• Section 43-24B-8 makes practicing certified community midwifery without a license a misdemeanor crime.
• Section 43-24B-9 requires midwives to obtain written informed consent from clients covering their credentials, practice philosophy, and transfer plans before providing care.
• Section 43-24B-10 limits midwives to low-risk pregnancies and requires referral or transfer to a physician when a client's condition requires it.
• Section 43-24B-12 bans certified community midwives from performing surgical deliveries, administering epidurals or narcotics, using forceps or vacuum extractors, or manually removing the placenta except in emergencies.

1. 2025-02-11Senate Read and Referred (Senate)
2. 2025-02-10Senate Hopper (Senate)

• Donzella James (D, SD-028)Primary sponsor

• midwifery licensing
• maternal health
• childbirth care
• professional licensing boards
• women's health