Summary#
Bill 25, An Act to Amend the Midwifery Act, would amend New Brunswick’s Midwifery Act. Its apparent goal is to update registration and practice rules, including rules for student midwives. Only the first-reading bill text was supplied; it is not law, and no later amendments or adopted changes were provided.
- It would recognize midwives on the active practice register, temporary register or a roster, and define midwifery practice separately for temporary registrants, roster members and students.
- It would create a student register. Students could provide health care services that are part of their study program only under the direct supervision of an active-practice midwife.
- It would prohibit people who are not registered in the relevant register from practising or using protected midwife or student-midwife titles. A breach would be an offence under the Act.
- Employers and work-placement agencies would have to check registration when engaging a midwife or student midwife, and at least annually if the engagement continues. They must also report certain terminations to the Council.
- It would allow up to 10 Council members, including at least one and no more than four lay people who have never practised midwifery. The bill also changes parts of the Act’s registration and discipline rules.
What it means for you#
- Student midwives: You would need to be on the student register to practise as a student midwife or use that title. Your practice would be limited to services in your education program and direct supervision by an active-practice midwife.
- Midwives and applicants: The bill sets out routes for registration in the active practice register, temporary register, a roster or student register. Temporary registrants’ and roster members’ practice would be limited to services determined by the Council. The bill does not set out those services.
- Employers and agencies arranging work: You would have to verify current, appropriate registration at the start and at least yearly for continuing engagements, and ensure the person is not assigned duties barred by registration restrictions. If you end an engagement because of dishonesty, incompetence or incapacity, you must report it to the Council and give the person a copy.
- Midwives returning from outside New Brunswick: If you have outside disciplinary findings or outstanding complaints, you could not resume practice until you notify the Council and receive its notice authorizing you to do so.
- Patients and the public: The bill does not directly create a new patient service, benefit or access guarantee. It would make unregistered practice and misuse of protected midwife or student-midwife titles offences; the penalty range cannot be verified from the supplied text.
Money#
No cost information is in the available material.
- The bill would require registration checks and reports by employers and work-placement agencies, and work by the Council and Registrar. It gives no cost or staffing estimate.
- It does not state a new tax, fee, appropriation or financial benefit.
What is unclear#
- The current Midwifery Act was not supplied, so the existing rules and the full effect of these amendments against current law could not be verified.
- The bill does not explain how the Council would decide which services temporary registrants or roster members may provide, or how roster registration works.
- It does not set out student-register decision timelines, review or appeal rights, or the registration requirements the Registrar may determine.
- The bill uses “temporary register” in one change and “temporary practice register” in a proposed regulation-making power. Whether these refer to the same register is unclear from the supplied text.
- The bill does not give the penalty range for the offences or say when its provisions would start; commencement would be set by proclamation.
Case for#
- The bill appears intended to make the Act cover students and multiple registration categories, rather than only active-practice midwives.
- A student register and direct-supervision rule could make students’ legal status and limits clearer.
- Required registration checks could help employers confirm that people are authorized and not working beyond registration restrictions.
- Requiring notice and Council authorization before certain returning midwives resume practice could give the Council a chance to address outside complaints or disciplinary findings.
Case against#
- The Council would determine the services temporary registrants and roster members may provide, but the bill does not specify the limits or decision process.
- The Registrar would determine some student registration requirements; the bill does not state what they are or provide timelines or appeal rules.
- Employer checks, annual rechecks and reports create duties, but the bill gives no estimate of their cost or required resources.
- The bill extends or revises registration and discipline rules, but without the current Act it is difficult to assess the full changes or possible overlap in terms such as “temporary register” and “temporary practice register.”