1. (a)

   1. (1) A person may not practice or offer to act as a lay midwife in Arkansas unless licensed by the State Board of Health.

   2. (2) It is unlawful for any person not licensed as a lay midwife by the board to:

      1. (A) Receive compensation for attending births as an LLM; or
      2. (B) Indicate that they are licensed to practice lay midwifery in Arkansas, excluding licensed:

2. (i) CNMs; and

   1. (ii) Physicians.

3. (b) Anyone unlawfully practicing lay midwifery without a license shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by:

   1. (1) A fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500);
   2. (2) Imprisonment in the county jail for a period of not less than one (1) week nor more than six (6) months; or

   3. (3) Fine and imprisonment.

      1. (c) 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:
   4. (1) The State Board of Health or any member thereof; or

   5. (2) Any citizen of this state in:

      1. (A) The county in which the alleged unlawful practice occurred;
      2. (B) Which the defendant resides; or

      3. (C) Pulaski County.

         1. (d) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of the Licensed Lay Midwife Act, Arkansas Code § 17-85-101 et seq., but remedy of the injunction shall be in addition to liability to criminal prosecution.
4. (e) An LLM must use the title “Licensed Lay Midwife” or the initials “LLM” on all materials related to their practice, including all promotional materials.

Codification Notes: "CNM" means certified nurse midwife. "LLM" means licensed lay midwife.