As used in this part, the terms below will be defined as follows, except where the context clearly requires otherwise:

1. (1)

   1. (A) “Advertisement” and “advertising” means any statements, oral or written, disseminated to or before the public, with the intent of:

      1. (i) Selling professional services; or
      2. (ii) Offering to perform professional services.
   2. (B) Advertising includes, but is not limited to, promotional literature, websites, and social media sites used for the purpose of selling services;
2. (2) “Apprentice” means a person who is training to become an LLM in Arkansas working under the direct supervision of a preceptor;
3. (3) “Arkansas Department of Health clinician” means a Department of Health physician, certified nurse midwife (CNM), or nurse practitioner providing Department of Health maternity services at a local health unit;
4. (4) “Arkansas rules examination” means the exam that tests knowledge of the Rules Governing the Practice of Licensed Lay Midwifery in Arkansas;

5. (5) “Automatic licensure” means granting the occupational licensure without an individual having met occupational licensure requirements provided:

   1. (A) Under the Arkansas Code; or
   2. (B) By other provisions in this part;
6. (6) “Birthing center” or “birth center” means any facility licensed by the Department of Health which is organized to provide family-centered maternity care in which births are planned to occur in a homelike atmosphere away from the mother’s usual residence following a low-risk pregnancy;

7. (7)

   1. (A) “Certified midwife (CM)” means individuals who:

      1. (i) Have or receive a background in a health-related field other than nursing; and
      2. (ii) Graduate from a midwifery education program accredited by the Accreditation Commission for Midwifery Education (ACME).
   2. (B) Graduates of an ACME-accredited midwifery education program take the same national certification examination as CNMs but receive the professional designation of certified midwife;

8. (8)

   1. (A) “Certified nurse midwife (CNM)” means a person who is:

      1. (i) Certified by the American College of Nurse–Midwives; and

      2. (ii) Also currently licensed by the Arkansas State Board of Nursing or the appropriate licensing authority of a bordering state to perform nursing skills relevant to the management of women’s health care for compensation, focusing on:

         1. (a) (a) Pregnancy;
         2. (b) (b) Childbirth;
      3. (c) (c) The postpartum period;

      4. (d) (d) Care of the newborn;

         1. (e) (e) Family planning; and
         2. (f) (f) The gynecological needs of women.
   2. (B) The CNM must be currently practicing midwifery unless stated otherwise in this part;
9. (9) “Certified professional midwife (CPM)” means a professional midwifery practitioner who has met the standards for certification set by the North American Registry of Midwives (NARM);
10. (10) “Client” means a pregnant woman, a postpartum woman for a minimum of thirty (30) days, or her healthy newborn for the first fourteen (14) days of life who is the recipient of LLM services;

11. (11)

    1. (A) “Consultation” means the process by which an LLM who maintains primary responsibility for the client’s care, seeks the advice of a:

       1. (i) Physician;
       2. (ii) CNM; or
       3. (iii) Department of Health clinician.

    2. (B) This may be:

       1. (i) By phone;
       2. (ii) In person; or
       3. (iii) By written request.
    3. (C) The physician, CNM, or Department of Health clinician may require the client to come into their office for evaluation;

12. (12)

    1. (A) “Contact hour” means a unit of measure to describe fifty (50) to sixty (60) minutes of an approved, organized learning experience that is designed to meet professional educational objectives.
    2. (B) It is a measurement for continuing education.
    3. (C) One (1) contact hour is equal to one-tenth of one (0.1) CEU.
    4. (D) Ten (10) contact hours are equal to one (1) CEU;
13. (13) “Labor support attendant” means an individual who is present at the request of the client to provide emotional or physical support for the client and her family;
14. (14) “LLM assistant” means an individual who is present at the request of the LLM at any point during the course of midwifery care of the client to provide services under LLM supervision;

15. (15)

    1. (A) “Licensed lay midwife (LLM)” means any person who:

       1. (i) Is licensed by the Department of Health to practice midwifery; and
       2. (ii) Performs for compensation those skills relevant to the management of care of women in the antepartum, intrapartum, and postpartum periods of the maternity cycle.
    2. (B) LLMs also manage care of the healthy newborn for the first fourteen (14) days of life;
16. (16) “Local health unit” means a community-based Department of Health clinic site that provides medical and environmental services;
17. (17) “Midwifery bridge certificate” means a certification administered by NARM awarded to CPMs following the completion of accredited, approved continuing education contact hours based upon identified areas to address emergency skills and the International Confederation of Midwives (ICM) competencies;
18. (18) “North American Registry of Midwives (NARM)” means the international certification agency that established, and continues to administer, certification for the credential “Certified Professional Midwife” (CPM) and the Midwifery Bridge Certificate (MBC);

19. (19)

    1. (A) “Physician” means a person who is currently licensed by the Arkansas State Medical Board, or the appropriate licensing authority of a bordering state, to practice medicine or surgery.
    2. (B) For the purposes of any sections of this part governing the care of pregnant and postpartum women, “physician” refers to those currently practicing obstetrics.
    3. (C) For the purposes of any sections of this part governing the care of newborn infants, “physician” refers to those physicians who currently include care of newborns in their practices;

20. (20)

    1. (A) “Preceptor” means a legally practicing obstetric or midwifery practitioner who:

       1. (i) Participates in the teaching and training of apprentice midwifery students; and
       2. (ii) Meets NARM preceptor standards including credentials, years of experience, and birth attendance requirements.
    2. (B) A preceptor assumes responsibility for supervising the practical (clinical obstetric) experience of an apprentice and for the midwifery services they render during their apprenticeship.
    3. (C) In the case of transitional apprentices, the definition of preceptor in Appendix B applies;
21. (21) “Referral” means the process by which the client is directed to a physician, CNM, or Department of Health clinician for management of a particular problem or aspect of the client’s care after informing the client of the risks to the health of the client or newborn;
22. (22) “Supervision” means the direct observation and evaluation by the preceptor of the clinical experiences and technical skills of the apprentice while present in the same room;
23. (23) “Transfer of care” means the process by which the LLM relinquishes care of her or his client for pregnancy, labor, delivery, or postpartum care to a physician, CNM, or Department of Health clinician, after informing the client of the risks to the health or life of the client;

24. (24) “Uniformed service member” means an:

    1. (A) Active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard;
    2. (B) Active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
    3. (C) Active or reserve component member of the United States Commissioned Corps of the Public Health Service; and
25. (25) “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable.

Codification Notes: "CEU" means continuing education unit.