Kansas nursing practice committee asks counsel to clarify legal status of certified professional midwives

At its December meeting, the Kansas State Board of Nursing Practice Committee voted to direct board counsel Charles Meshears to draft a legal-summary statement within 30 days clarifying the board's authority over certified professional midwives and to return the draft for an email vote.

The move responds to repeated practice‑call complaints and investigative referrals involving CPMs, who the committee said are not licensed through the Kansas State Board of Nursing and therefore occupy a murky regulatory space. Committee members said they want a consistent statement to give complainants and staff when reporting or redirecting concerns.

"CPMs can perform services in Kansas as long as they do not perform the functions reserved for certified nurse midwives," Charles Meshears, the board's legal counsel, told the committee while summarizing case law and recent statutes. Meshears said earlier court decisions such as the Rebke case predate newer statutes and regulations, leaving the issue "a gray area" until the legislature or courts provide clearer direction.

Members described practical problems that arise when a complainant brings concerns about a CPM: the CPMs often are not licensed in Kansas nursing registries, malpractice-insurance reporting routes may not apply, and other licensing bodies can return jurisdictional complaints to the board. Committee members said a concise legal summary will let staff tell callers whether the board can accept a complaint or should refer the matter to another oversight body.

The motion to authorize Meshears to draft the summary passed by voice vote; the committee asked counsel to cover both investigatory and practice‑scope questions and to include suggested referral language for complainants. The board will consider the draft via an email vote when Meshears returns it to the committee.