                                 CODE OF VIRGINIA

CERTIFIED NURSE MIDWIVES; REQUIRED DISCLOSURES; LIABILITY (§ 54.1-2957.03)

A. As used in this section, &#8220;birthing center&#8221; means a facility
outside a hospital that provides maternity services.

B. A certified nurse midwife who provides health care services to a patient
outside of a hospital or birthing center shall disclose to that patient, when
appropriate, information on health risks associated with births outside of a
hospital or birthing center, including but not limited to risks associated with
vaginal births after a prior cesarean section, breech births, births by women
experiencing high-risk pregnancies, and births involving multiple gestation.

C. A certified nurse midwife who provides health care to a patient shall be
liable for the midwife&#8217;s negligent, grossly negligent, or willful and
wanton acts or omissions. Except as otherwise provided by law, any (i) doctor of
medicine or osteopathy who did not collaborate or consult with the midwife
regarding the patient and who has not previously treated the patient for this
pregnancy, (ii) physician assistant, (iii) advanced practice registered nurse,
(iv) prehospital emergency medical personnel, or (v) hospital as defined in
&#xA7; 32.1-123, or any employee of, person providing services pursuant to a
contract with, or agent of such hospital, that provides screening and
stabilization health care services to a patient as a result of a certified nurse
midwife&#8217;s negligent, grossly negligent, or willful and wanton acts or
omissions, shall be immune from liability for acts or omissions constituting
ordinary negligence.

HISTORY: 2006, c. 750; 2009, c. 646; 2016, c. 495; 2021, Sp. Sess. I, c. 396;
2023, c. 183.