(a) A person may practice midwifery without a license to practice midwifery if the person is:

Terms Used In Hawaii Revised Statutes 457J-6

  • Client: means a person under the care of a licensed midwife, as well as the person's fetus and newborn child. See Hawaii Revised Statutes 457J-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Midwife: means a person licensed under this chapter. See Hawaii Revised Statutes 457J-2
  • Midwifery: means the provision of one or more of the following services:

    (1) Assessment, monitoring, and care during pregnancy, labor, childbirth, postpartum and interconception periods, and for newborns, including ordering and interpreting screenings and diagnostic tests, and carrying out appropriate emergency measures when necessary;

    (2) Supervising the conduct of labor and childbirth; and

    (3) Provision of advice and information regarding the progress of childbirth and care for newborns and infants. See Hawaii Revised Statutes 457J-2

  • Qualified midwife preceptor: means a licensed and experienced midwife, or other maternal health professional licensed in the State, who participates in the clinical education of individuals enrolled in a midwifery education program accredited by the Midwifery Education Accreditation Council or Accreditation Commission For Midwifery Education and who meets the criteria for midwife preceptors set forth by the applicable organization. See Hawaii Revised Statutes 457J-2
(1) A certified nurse-midwife holding a valid license under chapter 457;
(2) Licensed and performing work within the scope of practice or duties of the person’s profession that overlaps with the practice of midwifery;
(3) A student midwife who is currently enrolled in a midwifery educational program under the direct supervision of a qualified midwife preceptor;
(4) A person rendering aid in an emergency where no fee for the service is contemplated, charged, or received; or
(5) A person acting as a birth attendant on or before July 1, 2023, who:

(A) Does not use legend drugs or devices, the use of which requires a license under the laws of the State;
(B) Does not advertise that the person is a licensed midwife;
(C) Discloses to each client verbally and in writing on a form adopted by the department, which shall be received and executed by the person under the birth attendant’s care at the time care is first initiated:

(i) That the person does not possess a professional license issued by the State to provide health or maternity care to women or infants;
(ii) That the person’s education and qualifications have not been reviewed by the State;
(iii) The person’s education and training;
(iv) That the person is not authorized to acquire, carry, administer, or direct others to administer legend drugs;
(v) Any judgment, award, disciplinary sanction, order, or other determination that adjudges or finds that the person has committed misconduct or is criminally or civilly liable for conduct relating to midwifery by a licensing or regulatory authority, territory, state, or any other jurisdiction; and
(vi) A plan for transporting the client to the nearest hospital if a problem arises during the client’s care; and
(D) Maintains a copy of the form required by subparagraph (C) for at least ten years and makes the form available for inspection upon request by the department.
(b) Nothing in this chapter shall prohibit healing practices by traditional Hawaiian healers engaged in traditional healing practices of prenatal, maternal, and child care as recognized by any council of kupuna convened by Papa Ola Lokahi. Nothing in this chapter shall limit, alter, or otherwise adversely impact the practice of traditional Native Hawaiian healing pursuant to the Constitution of the State of Hawaii.
(c) Nothing in this chapter shall prohibit a person from administering care to a person’s spouse, domestic partner, parent, sibling, or child.

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