Code of Virginia § 54.1-2957.03. Certified nurse midwives; required disclosures; liability.
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A. As used in this section, "birthing center" 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'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 § 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's negligent, grossly negligent, or willful and wanton acts or omissions, shall be immune from liability for acts or omissions constituting ordinary negligence.
2006, c. 750 ; 2009, c. 646 ; 2016, c. 495 ; 2021, Sp. Sess. I, c. 396 ; 2023, c. 183 .