[§457J-6]  Exemptions.  (a)  A person may practice midwifery without a license to practice midwifery if the person is:

     (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. [L 2019, c 32, pt of §2]