Lay Midwives

Ark. Code Ann. tit. 17, ch. 85

in effect

Ark. Code Ann. § 17-85-101 Short title.

This chapter shall be known as the “Licensed Lay Midwife Act”.

Ark. Code Ann. § 17-85-102 Purpose.

(a)(1) It is the purpose and intent of this chapter to grant the State Board of Health the authority to license lay midwives statewide. (2) It is furthermore the intent of this chapter to supersede Acts 1983, No. 838. (3) This chapter is to be the sole authority of the board to license midwives. (b) Furthermore, it is the intent of this chapter that the board continue its present lay midwife licensure program, but expand that program to be applicable statewide.

Ark. Code Ann. § 17-85-103 Definition.

As used in this chapter a “lay midwife” is any person other than a physician, a nurse midwife, or a licensed nurse practicing within the scope of the Arkansas Nurse Practice Act, § 17-87-101 et seq., who performs for compensation those skills relevant to the management of women in the antepartum, intrapartum, and postpartum period of the maternity cycle.

Ark. Code Ann. § 17-85-104 Construction.

Neither the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., nor the Arkansas Nurse Midwifery Act, § 17-87-501 et seq. [repealed], shall be construed as prohibiting the practice of midwifery by persons licensed under this chapter.

Ark. Code Ann. § 17-85-105 Unlawful actions — Exception.

(a) It is unlawful for any person not licensed as a lay midwife by the State Board of Health, excluding licensed nurse midwives and physicians licensed by the State Medical Board, to: (1) Receive compensation for attending birth as a lay midwife; or (2) Indicate by any means that the person is licensed to practice lay midwifery in Arkansas. (b) This chapter shall not prohibit the attendance at birth of the mother's choice of family, friends, or other uncompensated labor support attendants.

Ark. Code Ann. § 17-85-106 Penalty — Injunctions.

(a) Anyone unlawfully practicing lay midwifery without a license shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than one (1) week nor more than six (6) months, or by fine and imprisonment. (b)(1) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of midwifery in a proceeding by the State Board of Health or any member thereof, or by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County. (2) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but remedy of the injunction shall be in addition to liability to criminal prosecution.

Ark. Code Ann. § 17-85-107 Power to license.

(a) The State Board of Health is empowered to license lay midwives in this state pursuant to rules established by the board to include, but not be limited to: (1) The qualifications for licensure; (2) Standards of practice for prenatal, intrapartum, and postpartum care of mother and baby; (3) Physician supervision, physician consultation, licensed nurse-midwife supervision or consultation, or physician and hospital backup; (4) Grievance procedures; and (5) Recordkeeping and reporting. (b) The lawful practice of lay midwifery shall be under the supervision of a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (c) The board may suspend or revoke any licenses issued under this chapter for violations of this chapter or rules promulgated under this chapter.

Ark. Code Ann. § 17-85-108 Certificates of birth.

(a) When a birth occurs without a physician in attendance at or immediately after the birth but with a licensed midwife in attendance at or immediately after the birth, it shall then be the responsibility of the midwife to prepare the certificate of birth required by the Vital Statistics Act, § 20-18-101 et seq. and to file the certificate of birth with the Division of Vital Records of the Department of Health in the manner and within the time prescribed by the Vital Statistics Act, § 20-18-101 et seq. (b) The failure of the midwife to prepare and file the certificate of birth shall, in addition to the penalties prescribed by § 20-18-105, constitute grounds for the suspension or revocation of the license granted under this chapter.

Ark. Code Ann. § 17-85-109 Reporting of transfers.

A hospital or licensed healthcare facility shall report to the Department of Health when a known transfer occurs of a patient from the care of a lay midwife during the labor and delivery process to the hospital or licensed healthcare facility.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026