Exemptions

(a) This chapter shall not apply to a person who is: (1) A certified nurse-midwife holding a valid license under chapter 457; (2) Licensed and performing work within the scope of practice or duties of the person's profession that overlaps with the practice of midwifery; provided that the person does not use the title "midwife", "licensed midwife", or the abbreviation "L.M.", or any other words, letters, abbreviations, or insignia indicating or implying that the person is a midwife; (3) A student currently enrolled in a midwifery educational program and under the direct supervision of a qualified midwife preceptor; provided that the practice of midwifery is incidental to the program of study engaged by the student; (4) Practicing Native Hawaiian traditional and customary practices as protected under article XII, section 7, of the Hawaii State Constitution; (5) Providing services in the case of emergency or the domestic administration of family remedies; or (6) Administering care to the person's spouse, domestic partner, parent, sibling, or child. (b) It shall not be a violation of this chapter for a person invited by a patient to be present at a birth occurring at a location other than a birth facility; provided that the person shall not use the title "midwife", "licensed midwife", or engage in the practice of midwifery, unless otherwise licensed under this chapter. (c) Nothing in this chapter shall be construed as establishing any criminal penalty.