[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR440.165]



[Page 242]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 440_SERVICES: GENERAL PROVISIONS--Table of Contents

 

                          Subpart A_Definitions

 

Sec. 440.165  Nurse-midwife service.



    (a) ``Nurse-midwife services'' means services that--

    (1) Are furnished by a nurse-midwife within the scope of practice 

authorized by State law or regulation and, in the case of inpatient or 

outpatient hospital services or clinic services, are furnished by or 

under the direction of a nurse-midwife to the extent permitted by the 

facility; and

    (2) Unless required by State law or regulations or a facility, are 

reimbursed without regard to whether the nurse-midwife is under the 

supervision of, or associated with, a physician or other health care 

provider. (See Sec. 441.21 of this chapter for provisions on 

independent provider agreements for nurse-midwives.)

    (b) ``Nurse-midwife'' means a registered professional nurse who 

meets the following requirements:

    (1) Is currently licensed to practice in the State as a registered 

professional nurse.

    (2) Is legally authorized under State law or regulations to practice 

as a nurse-midwife.

    (3) Except as provided in paragraph (b)(4) of this section, has 

completed a program of study and clinical experience for nurse-midwives, 

as specified by the State.

    (4) If the State does not specify a program of study and clinical 

experience that nurse-midwives must complete to practice in that State, 

meets one of the following conditions:

    (i) Is currently certified as a nurse-midwife by the American 

College of Nurse-Midwives (ACNM or by the ACNM Certification Council, 

Inc. (ACC).

    (ii) Has satisfactorily completed a formal education program (of at 

least one academic year) that, upon completion qualifies the nurse to 

take the certification examination offered by the American College of 

Nurse-Midwives (ACNM) or by the ACNM Certification Council, Inc. (ACC).

    (iii) Has successfully completed a formal educational program for 

preparing registered nurses to furnish gynecological and obstetrical 

care to women during pregnancy, delivery, and the postpartum period, and 

care to normal newborns, and was practicing as a nurse-midwife for a 

total of 12 months during any 18-month period from August 8, 1976 to 

July 16, 1982.



[47 FR 21050, May 17, 1982; 47 FR 23448, May 28, 1982, as amended at 55 

FR 48611, Nov. 21, 1990; 61 FR 61486, Nov. 30, 1996]