Minutes March 9, 2018
The Alabama State Board of Midwifery met on Friday, March 9, 2018, for its inaugural meeting. Those in attendance were Ms. Noel Leithart (member), Ms. Kaycee Cavender (member), Ms. Tori Dennis (member), and Ms. Stacey Bufkin (member). Board member not in attendance was Ms. Colleen Tullis.
The meeting was held at Warren & Company, Inc. located at 2777 Zelda Road in Montgomery. Also
present were Mr. Keith Warren with Warren & Company, Inc. and Ms. Renee’ Reames (Executive
Secretary to Mr. Warren and recording secretary). The Board, consisting of a quorum, continued with a voting meeting. The meeting was called to order at 1:10 p.m. by Mr. Warren.
The inaugural meeting was advertised on the Secretary of State’s website, www.sos.state.al.us, in
accordance with the Alabama Open Meetings Act. Mr. Warren welcomed both members and guests
present at the meeting.
The oath of office was administered by Mr. Warren to the new Board members: Ms. Noel J. Leithart, Ms. Tori H. Dennis, Ms. Kaycee Cavender and Ms. Stacey Bufkin.
Mr. Warren reported that the election of officers was required and asked for nominations of the office of Board Chair. Ms. Dennis nominated Ms. Leithart. The nomination was seconded by Ms. Bufkin. There were no other nominations from the floor and Ms. Leithart was elected as the Board Chair by unanimous vote by the Board. Mr. Warren called for the election of Board Vice Chair. Ms. Leithart nominated Ms. Dennis. The nomination was seconded by Ms. Bufkin. There were no other nominations from the floor and Ms. Dennis was elected as Board Vice Chair by unanimous vote by the Board. The Board discussed the selection of a temporary Executive Director and office for the Board. Ms. Dennis made the motion to appoint Warren & Company, Inc. as the temporary management company and Mr. Keith Warren to serve as the Executive Director of the Board. The motion was seconded by Ms. Bufkin and unanimously approved by the Board. Mr. Warren briefly reviewed the role of both the Board Chair and Board Vice Chair.
Mr. Warren presented a Resolution for an Attorney General’s Opinion regarding electronic meetings.
Ms. Carmack reviewed both the current law for Open Meetings that required a quorum to be physically present and other members could participate electronically, without the authority to vote, vs. the Board’s statute that implies that a quorum of the members would not need to be physically present at the meeting place in order to conduct business and the meetings may be conducted electronically. The Board members agreed to amend the Resolution to include a statement about the necessity to be available to clients and discussed the time constraints to attend meetings away from the clients’ geographical area and the need to be available to clients, when there were a few number of midwives in the State. Ms. Dennis made the motion to approve the Resolution for an Attorney General Opinion as amended. The motion was seconded by Ms. Bufkin and unanimously approved by the Board (a copy of the Resolution available for viewing in the Official Book of Minutes).
Mr. Warren presented a copy of the Board’s statute for the members review and reference in considering proposed rules for the Board. The Board discussed modifications to the Board’s statute, e.g., Board members being licensees of the Board, removal of Board members for lack of participation, nomination authority for appointments, along with educational process for licensure.
Mr. Warren also distributed a copy of the proposed rules, Chapters 1 through 4, for the Board’s approval. A copy of the proposed rules was also provided to the members prior to the meeting. Mr. Warren explained the publication process for public comment and consideration in the adoption of Final Rules. Ms. Carmack reported that she had reviewed the rules and provided a summary email of her comments.
The Board reviewed the following rules for adoption, along with Ms. Carmack’s recommendations:
• Chapter 1 The Board
o Purpose (as stated in §34-19-12, Code of Ala, 1975.)
o Midwifery Board (membership, officers, terms, meetings, etc.)
o Petition for the adoption of a rule
• Chapter 2 Licensing
o General License Standards
o Initial License Application
o License Renewal
o Late Renewal
o Minimum Continuing Education Requirements for Licensure
o Requirements for Clinical Internships for Individuals Seeking Midwifery Training
o Grounds for Denial of Application or Disciplinary Action
o Application or Renewal with Criminal Conviction
o Surrender of License
o Reissuance of License After Revocation, Suspension or Surrender
• Chapter 3 Practice of Licensed Midwifery
o General Standards for the Practice of Licensed Midwifery in Alabama
o Standards of Professional Conduct
o Interprofessional Care
o Termination of the Midwife-Client Relationship
o Transfer of Care in an Emergency Situation
o Scope of Practice/Risk Assessment
▪ Newborn Transfer of Care or Consultation
o Use of Formulary Drugs
o Provision of Support Services
• Chapter 4 Complaint Review
o Complaint Review Committee
o Reporting Violations and/or Complaints
o Records of Complaint
o Disciplinary Action Guidelines
o Complaint Investigation
o Settlement Conference (omitted)
o Disciplinary Action
o Complaint Disposition and Appeals
o Emergency Suspension
o Default Order
The Board discussed scheduling the next meeting of the Board and proposed meeting on Friday, May 4, 2018, after publication of the proposed rules.
Mr. Warren called a 5-minute recess of the Board at 2:29 p.m.
Mr. Warren reconvened the Board meeting at 2:35 p.m.
Mr. Warren distributed for the Board’s approval a copy of the following forms, as an Appendix to the Board’s rules:
• Midwife Application for Licensure – form (add notary assertation)
• Application for Licensure – Instructions (add 30-day submission of liability insurance)
• Application for Licensure – Checklist (add proof of citizenship)
• Application for Licensure Renewal (add proof of liability insurance)
• Midwife Disclosure Form (in accordance with §34-19-16 – contract between licensee and
client. Client retain copy of Disclosure)
• Emergency Care Agreement (write-in sections for “plan” and “in the event that client
refuses to transport”)
• Informed Consent Form
• Annual Statistics Reporting Form (in accordance with §34-19-12(m)(1)
• Complaint Form (when complain formed used by medical staff, the client’s name is
• Complaint Information and Process (remove reference to disciplinary fees)
The Board discussed the need for a medical referral form, in accordance with §34-19-16(b)(3), as a
separate form. The Board agreed that the matter was covered in the proposed Midwife Disclosure Form. Ms. Bufkin made the motion to approve the proposed Rules 582-X-1 through 582-X-4 as presented and amended. The motion was seconded by Ms. Dennis and unanimously approved by the Board. Ms. Cavender made the motion to approve the proposed forms as Appendix 1 as presented and amended. The motion was seconded by Ms. Dennis and unanimously approved by the Board.
Ms. Leithart opened the floor for comments from the guest present at the meeting and there were none. Mr. Warren again explained the process for the publication of the proposed rules for public comments. The Board discussed establishing a website and official mailing address for the Board and Ms. Leithart agreed to create the website, www.ASLBM.org to minimize cost for the Board. Ms. Dennis made the motion to authorize Ms. Leithart to establish a website for the Board, along with obtaining a post office box for official Board mail. The motion was seconded by Ms. Bufkin and unanimously approved by the Board.
There was no further business of the Board, and Ms. Dennis made the motion to adjourn the meeting. The motion was seconded by Ms. Cavender. Ms. Leithart announced that the next meeting was the Board was scheduled Friday, May 4, 2018 at 1:00 p.m. at Warren & Company, Inc. With no further discussion by the Board, the Board unanimously approved adjourning the meeting at 4:09 p.m.
Noel J. Leithart
Keith E. Warren