If a State plan, under Sec. 440.210 or 440.220 of this subchapter, provides for nurse-midwife services, as defined in Sec. 440.165, the plan must provide that the nurse-midwife may enter into an independent provider agreement, without regard to whether the nurse-midwife is under the supervision of, or associated with, a physician or other health care provider. [47 FR 21051, May 17, 1982]