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H.B. 25
1
DIRECT-ENTRY MIDWIFE ACT
2
2005 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Jackie Biskupski
5
6
LONG TITLE
7
General Description:
8
This bill modifies the Occupations and Professions Code by enacting the Direct-entry
9
Midwife Act and makes related changes to the Health Care Providers Immunity from
10
Liability Act.
11
Highlighted Provisions:
12
This bill:
13
. provides for licensing of Direct-entry midwives by the Division of Occupational and
14
Professional Licensing;
15
. provides for definitions relating to the practice of Direct-entry midwifery;
16
. creates the Licensed Direct-entry Midwife Board and sets forth its membership and
17
duties;
18
. requires the division to establish a Licensed Direct-entry Midwife Formulary
19
Committee and a licensed Direct-entry midwife formulary to define which
20
prescription drugs can be obtained and administered by licensed Direct-entry
21
midwives and to provide guidelines for their use;
22
. provides for disciplinary action, including administrative penalties, against licensed
23
Direct-entry midwives;
24
. defines and provides penalties for unlawful and unprofessional conduct;
25
. sets standards for consultation with, collaboration with, referral to, and transfer to
26
other health care providers and sets standards for liability under those
27
circumstances; and
28
. brings licensed Direct-entry midwives within the scope of the Health Care Providers
29
Immunity From Liability Act.
30
Monies Appropriated in this Bill:
31
None
32
Other Special Clauses:
33
None
34
Utah Code Sections Affected:
35
AMENDS:
36
58-13-2, as last amended by Chapter 3, Laws of Utah 2003
37
58-13-3, as last amended by Chapter 207, Laws of Utah 2003
38
78-14-3, as last amended by Chapter 280, Laws of Utah 2004
39
ENACTS:
40
58-77-101, Utah Code Annotated 1953
41
58-77-102, Utah Code Annotated 1953
42
58-77-201, Utah Code Annotated 1953
43
58-77-202, Utah Code Annotated 1953
44
58-77-203, Utah Code Annotated 1953
45
58-77-301, Utah Code Annotated 1953
46
58-77-302, Utah Code Annotated 1953
47
58-77-303, Utah Code Annotated 1953
48
58-77-304, Utah Code Annotated 1953
49
58-77-401, Utah Code Annotated 1953
50
58-77-501, Utah Code Annotated 1953
51
58-77-502, Utah Code Annotated 1953
52
58-77-503, Utah Code Annotated 1953
53
58-77-601, Utah Code Annotated 1953
54
58-77-602, Utah Code Annotated 1953
55
58-77-603, Utah Code Annotated 1953
56
57
Be it enacted by the Legislature of the state of Utah:
58
Section 1.
Section
58-13-2
is amended to read:
59
58-13-2. Emergency care rendered by licensee.
60
(1) A person licensed under Title 58, Occupations and Professions, to practice as any
61
of the following health care professionals, who is under no legal duty to respond, and who in
62
good faith renders emergency care at the scene of an emergency gratuitously and in good faith,
63
is not liable for any civil damages as a result of any acts or omissions by the person in
64
rendering the emergency care:
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(a) osteopathic physician;
66
(b) physician and surgeon;
67
(c) naturopathic physician;
68
(d) dentist or dental hygienist;
69
(e) chiropractic physician;
70
(f) physician assistant;
71
(g) optometrist;
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(h) nurse licensed under Section
58-31b-301
or
58-31c-102
;
73
(i) podiatrist;
74
(j) certified nurse midwife;
75
(k) respiratory therapist; [or]
76
(l) pharmacist, pharmacy technician, and pharmacy intern[.]; or
77
(m) Direct-entry midwife licensed under Section
58-77-301
.
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(2) (a) This Subsection (2) applies to health care professionals:
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(i) described in Subsection (1);
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(ii) who are under no legal duty to respond to the circumstances described in
81
Subsection (2)(b);
82
(iii) who are acting within the scope of the health care professional's license, or within
83
the scope of practice as modified under Subsection
58-1-307
(4); and
84
(iv) who are acting in good faith without compensation or remuneration as defined in
85
Subsection
58-13-3
(2).
86
(b) A health care professional described in Subsection (2)(a) is not liable for any civil
87
damages as a result of any acts or omissions by the health care professional in rendering care as
88
a result of:
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(i) implementation of measures to control the causes of epidemic and communicable
90
diseases and other conditions significantly affecting the public health or necessary to protect
91
the public health as set out in Title 26A, Chapter 1, Local Health Departments;
92
(ii) investigating and controlling suspected bioterrorism and disease as set out in Title
93
26, Chapter 23b, Detection of Public Health Emergencies Act; and
94
(iii) responding to a national, state, or local emergency, a public health emergency as
95
defined in Section
26-23b-102
, or a declaration by the President of the United States or other
96
federal official requesting public health-related activities.
97
(3) The immunity in Subsection (2) is in addition to any immunity or protection in state
98
or federal law that may apply.
99
Section 2.
Section
58-13-3
is amended to read:
100
58-13-3. Qualified immunity -- Health professionals -- Charity care.
101
(1) (a) (i) The Legislature finds many residents of this state do not receive medical care
102
and preventive health care because they lack health insurance or because of financial
103
difficulties or cost.
104
(ii) The Legislature also finds that many physicians, charity health care facilities, and
105
other health care professionals in this state would be willing to volunteer medical and allied
106
services without compensation if they were not subject to the high exposure of liability
107
connected with providing these services.
108
(b) The Legislature therefore declares that its intention in enacting this section is to
109
encourage the provision of uncompensated volunteer charity health care in exchange for a
110
limitation on liability for the health care facilities and health care professionals who provide
111
those volunteer services.
112
(2) As used in this section:
113
(a) "Health care facility" means any clinic or hospital, church, or organization whose
114
primary purpose is to sponsor, promote, or organize uncompensated health care services for
115
people unable to pay for health care services.
116
(b) "Health care professional" means individuals licensed under Title 58, Occupations
117
and Professions, as physicians and surgeons, osteopaths, podiatrists, optometrists,
118
chiropractors, dentists, dental hygienists, registered nurses, certified nurse midwives, [and]
119
other nurses licensed under Section
58-31b-301
[.], and licensed Direct-entry midwives.
120
(c) "Remuneration or compensation":
121
(i) (A) means direct or indirect receipt of any payment by the physician and surgeon,
122
health care facility, other health care professional, or organization, on behalf of the patient,
123
including payment or reimbursement under medicare or medicaid, or under the state program
124
for the medically indigent on behalf of the patient; and
125
(B) compensation, salary, or reimbursement to the health care professional from any
126
source for the health care professional's services or time in volunteering to provide
127
uncompensated health care; and
128
(ii) does not mean any grant or donation to the health care facility used to offset direct
129
costs associated with providing the uncompensated health care such as medical supplies or
130
drugs.
131
(3) A health care professional who provides health care treatment at or on behalf of a
132
health care facility is not liable in a medical malpractice action if:
133
(a) the treatment was within the scope of the health care professional's license under
134
this title;
135
(b) neither the health care professional nor the health care facility received
136
compensation or remuneration for the treatment;
137
(c) the acts or omissions of the health care professional were not grossly negligent or
138
willful and wanton; and
139
(d) prior to rendering services, the health care professional disclosed in writing to the
140
patient, or if a minor, to the patient's parent or legal guardian, that the health care professional
141
is providing the services without receiving remuneration or compensation and that in exchange
142
for receiving uncompensated health care, the patient consents to waive any right to sue for
143
professional negligence except for acts or omissions which are grossly negligent or are willful
144
and wanton.
145
(4) A health care facility which sponsors, promotes, or organizes the uncompensated
146
care is not liable in a medical malpractice action for acts and omissions if:
147
(a) the health care facility meets the requirements in Subsection (3)(b);
148
(b) the acts and omissions of the health care facility were not grossly negligent or
149
willful and wanton; and
150
(c) the health care facility has posted, in a conspicuous place, a notice that in
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accordance with this section the health care facility is not liable for any civil damages for acts
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or omissions except for those acts or omissions that are grossly negligent or are willful and
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wanton.
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(5) Immunity from liability under this section does not extend to the use of general
155
anesthesia or care that requires an overnight stay in a general acute or specialty hospital
156
licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
157
Section 3.
Section
58-77-101
is enacted to read:
158
CHAPTER 77. DIRECT-ENTRY MIDWIFE ACT
159
Part 1. General Provisions
160
58-77-101. Title.
161
This chapter is known as the "Direct-entry Midwife Act."
162
Section 4.
Section
58-77-102
is enacted to read:
163
58-77-102. Definitions.
164
In addition to the definitions in Section
58-1-102
, as used in this chapter:
165
(1) "Board" means the Licensed Direct-entry Midwife Board created in Section
166
58-77-201
.
167
(2) "Certified nurse-midwife" means a person licensed under Title 58, Chapter 44a,
168
Nurse Midwife Practice Act.
169
(3) "Client" means a woman under the care of a Direct-entry midwife and her fetus or
170
newborn.
171
(4) "Direct-entry Midwife" means an individual who is engaging in the practice of
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Direct-entry midwifery.
173
(5) "Licensed Direct-entry midwife" means a person licensed under this chapter.
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(6) "Physician" means an individual licensed as a physician and surgeon, osteopathic
175
physician, or naturopathic physician.
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(7) "Practice of Direct-entry midwifery" means practice that is in accordance with
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national professional midwifery standards and that is based upon the acquisition of clinical
178
skills necessary for the care of pregnant women and newborns, including antepartum,
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intrapartum, postpartum, newborn, and limited interconceptual care and includes:
180
(a) obtaining an informed consent to provide services;
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(b) obtaining a health history, including a physical examination;
182
(c) developing a plan of care for a client;
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(d) evaluating the results of client care;
184
(e) consulting and collaborating with and referring and transferring care to licensed
185
health care professionals, as is appropriate, regarding the care of a client;
186
(f) obtaining medications, as specified in this Subsection (7)(f) or by rule, to administer
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to clients, including:
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(i) prescription vitamins;
189
(ii) Rho D immunolglobulin;
190
(iii) CDC- or ACOG-recommended agents for Group B strep prophylaxis;
191
(iv) sterile water;
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(v) IV fluids, excluding blood products;
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(vi) anti-hemorrhagic medications;
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(vii) oxygen;
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(viii) local anesthetics;
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(ix) vitamin K to prevent hemorrhagic disease of the newborn;
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(x) eye prophylaxis to prevent opthalmia neonatorum as required by law; and
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(xi) other medications that are not controlled substances as defined in Section
58-37-2
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and which are approved by the division in collaboration with the Licensed Direct-entry
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Midwife Formulary Committee;
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(g) obtaining food, food extracts, dietary supplements, as defined by the Federal Food,
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Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as
203
prescription drugs or controlled substances, and over-the-counter medications to administer to
204
clients;
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(h) obtaining and using appropriate equipment and devices such as Doppler, blood
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pressure cuff, phlebotomy supplies, instruments, and sutures;
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(i) obtaining appropriate screening and testing, including laboratory tests, urinalysis,
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and ultrasound;
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(j) managing the antepartum period;
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(k) managing the intrapartum period including:
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(i) monitoring and evaluating the condition of mother and fetus;
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(ii) performing emergency episiotomy; and
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(iii) delivering in any out-of-hospital setting;
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(l) managing the postpartum period including:
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(i) suturing of episiotomy or first and second degree natural perineal and labial
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lacerations, including the administration of a local anesthetic; and
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(ii) managing hemorrhage, including the administration of anti-hemorrhagic
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medications or IV fluids;
219
(m) managing the newborn period including:
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(i) providing care for the newborn, including performing a normal newborn
221
examination; and
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(ii) resuscitating a newborn;
223
(n) providing limited interconceptual services in order to provide continuity of care
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including:
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(i) breastfeeding support and counseling;
226
(ii) family planning, limited to natural family planning, cervical caps, and diaphragms;
227
and
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(iii) pap smears, where all clients with abnormal results are to be referred to an
229
appropriate licensed health care provider; and
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(o) executing the orders of a licensed health care professional, only within the
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education, knowledge, and skill of the Direct-entry midwife.
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(8) "Unlawful conduct" is as defined in Sections
58-1-501
and
58-77-501
.
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(9) "Unprofessional conduct" is as defined in Sections
58-1-501
and
58-77-502
and as
234
may be further defined by rule.
235
Section 5.
Section
58-77-201
is enacted to read:
236
Part 2. Board
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58-77-201. Board.
238
(1) There is created the Licensed Direct-entry Midwife Board consisting of four
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licensed Direct-entry midwives and one member of the general public.
240
(2) The board shall be appointed and serve in accordance with Section
58-1-201
.
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(3) (a) The duties and responsibilities of the board shall be in accordance with Sections
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58-1-202
and
58-1-203
.
243
(b) The board shall designate one of its members on a permanent or rotating basis to:
244
(i) assist the division in reviewing complaints concerning the unlawful or
245
unprofessional conduct of a licensed Direct-entry midwife; and
246
(ii) advise the division in its investigation of these complaints.
247
(4) A board member who has, under Subsection (3), reviewed a complaint or advised
248
in its investigation may be disqualified from participating with the board when the board serves
249
as a presiding officer in an adjudicative proceeding concerning the complaint.
250
(5) Qualified faculty, board members, and other staff of Direct-entry midwifery
251
learning institutions may serve as one or more of the licensed Directed-entry midwives on the
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board.
253
Section 6.
Section
58-77-202
is enacted to read:
254
58-77-202. Licensed Direct-entry Midwife Formulary Committee -- Adoption of
255
licensed Direct-entry midwife formulary.
256
(1) The division shall establish a Licensed Direct-entry Midwife Formulary Committee
257
under Subsection
58-1-203
(1)(f) to make recommendations to the board and the division
258
regarding which additional prescription drugs are appropriate for the scope of practice of
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licensed Direct-entry midwives and guidelines for their use.
260
(2) The committee shall consist of five members as follows:
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(a) two licensed Direct-entry midwives;
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(b) one licensed physician who has professional experience consulting for and
263
collaborating with Direct-entry midwives;
264
(c) one certified nurse midwife who has professional experience consulting for and
265
collaborating with Direct-entry midwives; and
266
(d) one licensed pharmacist.
267
(3) The committee members shall:
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(a) be appointed by the director of the division; and
269
(b) serve without compensation, travel costs, or per diem for their services.
270
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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division shall adopt by rule a licensed Direct-entry midwife formulary which includes:
272
(a) those additional prescription drugs which may be obtained and administered by
273
licensed Direct-entry midwives as defined in Subsection
58-77-102
(7)(f)(xi); and
274
(b) standards, conditions, and guidelines for use of the prescription drugs included in
275
the formulary.
276
Section 7.
Section
58-77-203
is enacted to read:
277
58-77-203. Licensed Direct-entry Midwife Temporary Rules Committee -- Rules
278
recommendations.
279
(1) The division shall establish a Licensed Direct-entry Midwife Temporary Rules
280
Committee under this section to make recommendations to the board and division regarding
281
the condition types listed in Subsection
58-77-601
(2).
282
(2) The committee shall consist of the following six members appointed by the director
283
of the division:
284
(a) three Direct-entry midwives;
285
(b) one licensed physician who has professional experience consulting for and
286
collaborating with Direct-entry midwives;
287
(c) one certified nurse midwife who has professional experience consulting for and
288
collaborating with Direct-entry midwives; and
289
(d) a licensed physician or certified nurse midwife who has practiced obstetrics or
290
midwifery in an out-of-hospital setting.
291
(3) The director of the division shall appoint one of the three Direct-entry midwives to
292
serve as committee chair.
293
(4) Committee members shall serve without compensation and may not receive travel
294
costs or per diem for their services on the committee.
295
(5) Qualified committee members may also serve on the Licensed Direct-entry
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Midwife Formulary Committee and the Licensed Direct-entry Midwife Board established
297
under this chapter.
298
(6) The director shall make appointments to the committee by July 1, 2005, and the
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committee shall cease to function after March 31, 2006.
300
(7) (a) The committee shall recommend rules under Subsection (1) based on
301
convincing evidence presented to the committee.
302
(b) At least four members must vote in the affirmative on any recommendation made
303
by the committee to the board or the division.
304
(c) If the committee is unable to complete its recommendations by March 31, 2006, it
305
shall develop a recommended plan of action which, along with its work product and
306
responsibilities, shall be transferred to the board on April 1, 2006.
307
Section 8.
Section
58-77-301
is enacted to read:
308
Part 3. Licensure
309
58-77-301. Licensure.
310
The division shall issue to a person who qualifies under this chapter a license as a
311
licensed Direct-entry midwife.
312
Section 9.
Section
58-77-302
is enacted to read:
313
58-77-302. Qualifications for licensure.
314
Each applicant for licensure as a licensed Direct-entry midwife shall:
315
(1) submit an application in a form prescribed by the division;
316
(2) pay a fee as determined by the department under Section
63-38-3.2
;
317
(3) be of good moral character;
318
(4) hold a Certified Professional Midwife certificate in good standing with the North
319
American Registry of Midwives or equivalent certification approved by the division in
320
collaboration with the board;
321
(5) hold current adult and infant CPR and newborn resuscitation certifications through
322
an organization approved by the division in collaboration with the board; and
323
(6) provide documentation of successful completion of an approved pharmacology
324
course as defined by division rule.
325
Section 10.
Section
58-77-303
is enacted to read:
326
58-77-303. Term of license -- Expiration -- Renewal.
327
(1) (a) The division shall issue each license under this chapter in accordance with a
328
two-year renewal cycle established by rule.
329
(b) The division may by rule extend or shorten a renewal period by as much as one year
330
to stagger the renewal cycles it administers.
331
(2) Each license automatically expires on the expiration date shown on the license
332
unless the individual renews it in accordance with Section
58-1-308
.
333
(3) At the time of renewal, the licensed Direct-entry midwife shall be in current
334
compliance with the requirements of Section
58-77-302
.
335
Section 11.
Section
58-77-304
is enacted to read:
336
58-77-304. Parents' rights.
337
Nothing in this chapter abridges, limits, or changes in any way the right of parents to
338
deliver their baby where, when, how, and with whom they choose, regardless of licensure
339
under this chapter.
340
Section 12.
Section
58-77-401
is enacted to read:
341
Part 4. Licensure Denial and Discipline
342
58-77-401. Grounds for denial of license -- Disciplinary proceedings.
343
Grounds for refusing to issue a license to an applicant, for refusing to renew a license,
344
for revoking, suspending, restricting, or placing on probation a license, for issuing a public or
345
private reprimand, and for issuing a cease and desist order shall be in accordance with Section
346
58-1-401
.
347
Section 13.
Section
58-77-501
is enacted to read:
348
Part 5. Unlawful and Unprofessional Conduct -- Penalties
349
58-77-501. Unlawful conduct.
350
(1) In addition to the definition in Subsection
58-1-501
(1), "unlawful conduct"
351
includes:
352
(a) representing or holding oneself out as a licensed Direct-entry midwife when not
353
licensed under this chapter; and
354
(b) using prescription medications, except oxygen, while engaged in the practice of
355
Direct-entry midwifery when not licensed under this chapter.
356
(2) (a) Except as provided in Subsections (1)(a) and (b), it is lawful to practice
357
Direct-entry midwifery in the state without being licensed under this chapter.
358
(b) The practice of Direct-entry midwifery is not considered the practice of medicine,
359
nursing, or nurse-midwifery.
360
Section 14.
Section
58-77-502
is enacted to read:
361
58-77-502. Unprofessional conduct.
362
In addition to the definition in Subsection
58-1-501
(2), "unprofessional conduct"
363
includes:
364
(1) failing to obtain informed consent as described in Subsection
58-77-601
(1);
365
(2) disregarding a client's dignity or right to privacy as to her person, condition,
366
possessions, or medical record;
367
(3) failing to file or record any medical report as required by law, impeding, or
368
obstructing the filing or recording of the report, or inducing another to fail to file or record the
369
report;
370
(4) breaching a statutory, common law, regulatory, or ethical requirement of
371
confidentiality with respect to a person who is a client, unless ordered by the court;
372
(5) inappropriately delegating Direct-entry midwifery duties;
373
(6) using advertising or an identification statement that is false, misleading, or
374
deceptive;
375
(7) using in combination with the term "midwife" the term "nurse" or another title,
376
initial, or designation that falsely implies that the Direct-entry midwife is licensed as a certified
377
nurse midwife, registered nurse, or licensed practical nurse; and
378
(8) submitting a birth certificate known by the person to be false or fraudulent.
379
Section 15.
Section
58-77-503
is enacted to read:
380
58-77-503. Penalty for unlawful conduct.
381
A person who violates the unlawful conduct provisions defined in this chapter is guilty
382
of a class A misdemeanor.
383
Section 16.
Section
58-77-601
is enacted to read:
384
Part 6. Standards of Practice
385
58-77-601. Standards of practice.
386
(1) (a) Prior to providing any services, a licensed Direct-entry midwife must obtain an
387
informed consent from a client.
388
(b) The consent must include:
389
(i) the name and license number of the Direct-entry midwife;
390
(ii) the client's name, address, telephone number, and primary care provider, if the
391
client has one;
392
(iii) the fact, if true, that the licensed Direct-entry midwife is not a certified nurse
393
midwife or a physician;
394
(iv) all sections required by the North American Registry of Midwives in its informed
395
consent guidelines, including:
396
(A) a description of the licensed Direct-entry midwife's education, training, continuing
397
education, and experience in midwifery;
398
(B) a description of the licensed Direct-entry midwife's peer review process;
399
(C) the licensed Direct-entry midwife's philosophy of practice;
400
(D) a promise to provide the client, upon request, separate documents describing the
401
rules governing licensed Direct-entry midwifery practice, including a list of conditions
402
indicating the need for consultation, collaboration, referral, transfer or emergency transfer, and
403
the licensed Direct-entry midwife's personal written practice guidelines;
404
(E) a medical back-up or transfer plan;
405
(F) a description of the services provided to the client by the licensed Direct-entry
406
midwife;
407
(G) the licensed Direct-entry midwife's current legal status;
408
(H) the availability of a grievance process; and
409
(I) client and licensed Direct-entry midwife signatures and the date of signing; and
410
(v) whether the licensed Direct-entry midwife is covered by a professional liability
411
insurance policy.
412
(2) A licensed Direct-entry midwife shall appropriately recommend and facilitate
413
consultation with, collaboration with, referral to, or transfer or emergency transfer of care to a
414
licensed health care professional when the circumstances require that action in accordance with
415
standards established by division rule.
416
(3) If after a client has been informed that she has or may have a condition indicating
417
the need for medical consultation, collaboration, referral, or transfer and the client chooses to
418
decline, then the licensed Direct-entry midwife shall:
419
(a) terminate care in accordance with procedures established by division rule; or
420
(b) continue to provide care for the client if the client signs a waiver of medical
421
consultation, collaboration, referral, or transfer.
422
(4) If after a client has been informed that she has or may have a condition indicating
423
the need for emergency transfer, the licensed Direct-entry midwife shall initiate transfer by:
424
(a) calling 911 and reporting the need for immediate transfer;
425
(b) immediately transporting the client by private vehicle to the receiving provider; or
426
(c) contacting the physician to whom the client will be transferred and following that
427
physician's orders.
428
(5) This chapter does not mandate health insurance coverage for midwifery services.
429
Section 17.
Section
58-77-602
is enacted to read:
430
58-77-602. Immunity and liability.
431
(1) If a Direct-entry midwife seeks to consult with, refer, or transfer a client to a
432
licensed health care provider or facility, the responsibility of the provider or facility for the
433
client does not begin until the client is physically within the care of the provider or facility.
434
(2) A licensed health care provider who examines a Direct-entry midwife's client is
435
only liable for the actual examination and cannot be held accountable for the client's decision to
436
pursue an out-of-hospital birth or the services of a Direct-entry midwife.
437
(3) (a) A licensed health care provider may, upon receiving a briefing data from a
438
Direct-entry midwife, issue a medical order for the Direct-entry midwife's client, without that
439
client being an explicit patient of the provider.
440
(b) Regardless of the advice given or order issued, the responsibility and liability for
441
caring for the client is that of the Direct-entry midwife.
442
(c) The provider giving the order is responsible and liable only for the appropriateness
443
of the order given the data received.
444
(d) The issuing of an order for a Direct-entry midwife's client does not constitute a
445
delegation of duties from the other provider to the Direct-entry midwife.
446
Section 18.
Section
58-77-603
is enacted to read:
447
58-77-603. Prohibited practices.
448
A Direct-entry midwife may not:
449
(1) administer a prescription drug to a client, other than those specified in Subsections
450
58-77-102
(7) and
58-77-602
(3)(a);
451
(2) effect any type of surgical delivery except for the cutting of an emergency
452
episiotomy;
453
(3) administer any type of epidural, spinal, or caudal anesthetic, or any type of narcotic
454
analgesia; or
455
(4) induce abortion.
456
Section 19.
Section
78-14-3
is amended to read:
457
78-14-3. Definitions.
458
As used in this chapter:
459
(1) "Audiologist" means a person licensed to practice audiology under Title 58,
460
Chapter 41, Speech-language Pathology and Audiology Licensing Act.
461
(2) "Certified social worker" means a person licensed to practice as a certified social
462
worker under Section
58-60-205
.
463
(3) "Chiropractic physician" means a person licensed to practice chiropractic under
464
Title 58, Chapter 73, Chiropractic Physician Practice Act.
465
(4) "Clinical social worker" means a person licensed to practice as a clinical social
466
worker under Section
58-60-205
.
467
(5) "Commissioner" means the commissioner of insurance as provided in Section
468
31A-2-102
.
469
(6) "Dental hygienist" means a person licensed to practice dental hygiene as defined in
470
Section
58-69-102
.
471
(7) "Dentist" means a person licensed to practice dentistry as defined in Section
472
58-69-102
.
473
(8) "Division" means the Division of Occupational and Professional Licensing created
474
in Section
58-1-103
.
475
(9) "Future damages" includes damages for future medical treatment, care or custody,
476
loss of future earnings, loss of bodily function, or future pain and suffering of the judgment
477
creditor.
478
(10) "Health care" means any act or treatment performed or furnished, or which should
479
have been performed or furnished, by any health care provider for, to, or on behalf of a patient
480
during the patient's medical care, treatment, or confinement.
481
(11) "Health care facility" means general acute hospitals, specialty hospitals, home
482
health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers,
483
ambulatory surgical facilities, small health care facilities, health care facilities owned or
484
operated by health maintenance organizations, and end stage renal disease facilities.
485
(12) "Health care provider" includes any person, partnership, association, corporation,
486
or other facility or institution who causes to be rendered or who renders health care or
487
professional services as a hospital, health care facility, physician, registered nurse, licensed
488
practical nurse, nurse-midwife, licensed Direct-entry midwife, dentist, dental hygienist,
489
optometrist, clinical laboratory technologist, pharmacist, physical therapist, podiatric
490
physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician,
491
osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social
492
worker, certified social worker, social service worker, marriage and family counselor,
493
practitioner of obstetrics, or others rendering similar care and services relating to or arising out
494
of the health needs of persons or groups of persons and officers, employees, or agents of any of
495
the above acting in the course and scope of their employment.
496
(13) "Hospital" means a public or private institution licensed under Title 26, Chapter
497
21, Health Care Facility Licensing and Inspection Act.
498
(14) "Licensed Direct-entry midwife" means a person licensed under the Direct-entry
499
Midwife Act to practice midwifery as defined in Section
58-77-102
.
500
[(14)] (15) "Licensed practical nurse" means a person licensed to practice as a licensed
501
practical nurse as provided in Section
58-31b-301
.
502
[(15)] (16) "Malpractice action against a health care provider" means any action against
503
a health care provider, whether in contract, tort, breach of warranty, wrongful death, or
504
otherwise, based upon alleged personal injuries relating to or arising out of health care rendered
505
or which should have been rendered by the health care provider.
506
[(16)] (17) "Marriage and family therapist" means a person licensed to practice as a
507
marriage therapist or family therapist under Sections
58-60-305
and
58-60-405
.
508
[(17)] (18) "Naturopathic physician" means a person licensed to practice naturopathy
509
as defined in Section
58-71-102
.
510
[(18)] (19) "Nurse-midwife" means a person licensed to engage in practice as a nurse
511
midwife under Section
58-44a-301
.
512
[(19)] (20) "Optometrist" means a person licensed to practice optometry under Title 58,
513
Chapter 16a, Utah Optometry Practice Act.
514
[(20)] (21) "Osteopathic physician" means a person licensed to practice osteopathy
515
under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
516
[(21)] (22) "Patient" means a person who is under the care of a health care provider,
517
under a contract, express or implied.
518
[(22)] (23) "Pharmacist" means a person licensed to practice pharmacy as provided in
519
Section
58-17b-301
.
520
[(23)] (24) "Physical therapist" means a person licensed to practice physical therapy
521
under Title 58, Chapter 24a, Physical Therapist Practice Act.
522
[(24)] (25) "Physician" means a person licensed to practice medicine and surgery under
523
Title 58, Chapter 67, Utah Medical Practice Act.
524
[(25)] (26) "Podiatric physician" means a person licensed to practice podiatry under
525
Title 58, Chapter 5a, Podiatric Physician Licensing Act.
526
[(26)] (27) "Practitioner of obstetrics" means a person licensed to practice as a
527
physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58,
528
Chapter 68, Utah Osteopathic Medical Practice Act.
529
[(27)] (28) "Psychologist" means a person licensed under Title 58, Chapter 61,
530
Psychologist Licensing Act, to practice psychology as defined in Section
58-61-102
.
531
[(28)] (29) "Registered nurse" means a person licensed to practice professional nursing
532
as provided in Section
58-31b-301
.
533
[(29)] (30) "Representative" means the spouse, parent, guardian, trustee,
534
attorney-in-fact, or other legal agent of the patient.
535
[(30)] (31) "Social service worker" means a person licensed to practice as a social
536
service worker under Section
58-60-205
.
537
[(31)] (32) "Speech-language pathologist" means a person licensed to practice
538
speech-language pathology under Title 58, Chapter 41, Speech-language Pathology and
539
Audiology Licensing Act.
540
[(32)] (33) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act
541
or omission proximately causing injury or damage to another.
Legislative Review Note
as of 12-7-04 8:41 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-08-04 9:31 AM
The Health and Human Services Interim Committee recommended this bill.
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