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Publications iconKansas Register

Volume 41 - Issue 39 - September 29, 2022

State of Kansas

Board of Healing Arts

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 1:00 p.m. Wednesday, November 30, 2022, in the board room at the Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, Kansas, to consider proposed regulations related to the independent practice of certified nurse midwifery.

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the regulations. All interested parties may submit comments prior to the hearing to Courtney Cyzman, General Counsel, at the Board of Healing Arts at the address above or via email to All interested parties will be given a reasonable opportunity to present their views, orally or in writing, concerning the proposed regulations during the public hearing. In order to provide all parties with an opportunity to present their views, it may be necessary to request each participant limit any oral presentations to five minutes.

Copies of the proposed regulations and the Economic Impact Statement for the proposed regulations may be obtained from the Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, KS 66612, on the agency website at, by contacting LeeAnn Hunter-Roach at 785296-4502, or by emailing the agency at

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations being considered and the economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Sheila Rice at 785-296-8558 or at Individuals with hearing and/or speech disabilities may contact the Kansas Relay Center at 800-766-3777 for communication accommodations. Handicapped parking is located on 8th Street and in the building’s parking garage. From the street, both the west entrance to the building on Jackson Street and the north entrance on 8th Street are accessible.

A summary of the proposed regulations and the economic impact follows:

K.A.R. 100-28b-11. Licensees who direct, supervise, or delegate acts that constitute the independent practice of midwifery; requirements and limitations.

K.A.R. 100-28b-12. Assessment of patient for identifiable risks.

K.A.R. 100-28b-19. Unprofessional conduct.

The purpose of these proposed regulations is to effectuate the provisions of the Independent Practice of Midwifery Act, K.S.A. 65-28b01, et seq. The proposed regulations outline requirements of licensees who delegate acts that constitute the independent practice of midwifery, the assessment of patients for identifiable risks, and acts that constitute unprofessional conduct.

While a qualified economist would be required to provide an expert opinion of the regulations’ impact on economic activity and growth, in the lay opinion of agency staff, the regulations enhance business activities by allowing an independent practice alternative for midwives in Kansas. There are no expected costs associated with the regulations other than the usual resource costs associated with the process of promulgating regulations.

These proposed regulations have been discussed in an open Board meeting of which members of the public, business, and stakeholders could attend. The agency has also had extensive discussions with members of the Independent Practice of Midwifery advisory council, which is made up of 7 members including four members who are licensed certified nurse midwives appointed by the Board of nursing. Further, it should be noted that the Board of Healing Arts is comprised of medical practitioners, business owners, and members of the public. The Board of Healing Arts intends to comply with all public hearing requirements involved in the regulation promulgation process.

Susan Gile
Acting Executive Director

Doc. No. 050536