Text: HF02364 Text: HF02366 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 147.1, subsections 3 and 6, Code 1997, 1 2 are amended to read as follows: 1 3 3. "Licensed" or "certified" when applied to a physician 1 4 and surgeon, podiatric physician, osteopath, osteopathic 1 5 physician and surgeon, physician assistant, psychologist or 1 6 associate psychologist, chiropractor, nurse, dentist, dental 1 7 hygienist, optometrist, speech pathologist, audiologist, 1 8 pharmacist, physical therapist, occupational therapist, 1 9 respiratory care practitioner, practitioner of cosmetology 1 10 arts and sciences, practitioner of barbering, funeral 1 11 director, dietitian, marital and family therapist, mental 1 12 health counselor,orsocial worker, or certified professional 1 13 midwife, means a person licensed under this subtitle, 1 14 excluding chapters 152C and 152D. 1 15 6. "Profession" means medicine and surgery, podiatry, 1 16 osteopathy, osteopathic medicine and surgery, practice as a 1 17 physician assistant, psychology, chiropractic, nursing, 1 18 dentistry, dental hygiene, optometry, speech pathology, 1 19 audiology, pharmacy, physical therapy, occupational therapy, 1 20 respiratory care, cosmetology arts and sciences, barbering, 1 21 mortuary science, marital and family therapy, mental health 1 22 counseling, social work,ordietetics, or certified 1 23 professional midwifery. 1 24 Sec. 2. Section 147.13, Code 1997, is amended by adding 1 25 the following new subsection: 1 26 NEW SUBSECTION. 19. For certified professional midwifery, 1 27 certified professional midwife examiners. 1 28 Sec. 3. Section 147.14, Code 1997, is amended by adding 1 29 the following new subsection: 1 30 NEW SUBSECTION. 17. For certified professional midwife 1 31 examiners, three members licensed as certified professional 1 32 midwives, one member who is a licensed physician practicing in 1 33 obstetrics or a licensed obstetrical nurse, and one member who 1 34 is not a licensed certified professional midwife or a licensed 1 35 physician or nurse who has received professional midwifery 2 1 services and who shall represent the general public. 2 2 Sec. 4. Section 147.74, Code 1997, is amended by adding 2 3 the following new subsection: 2 4 NEW SUBSECTION. 21. A certified professional midwife 2 5 licensed under chapter 154E may use the words "certified 2 6 professional midwife" or the initials "C.P.M." after the 2 7 person's name. 2 8 Sec. 5. Section 147.80, Code 1997, is amended by adding 2 9 the following new subsection: 2 10 NEW SUBSECTION. 25A. License to practice certified 2 11 professional midwifery upon the basis of an examination given 2 12 by the board of certified professional midwife examiners, 2 13 license to practice professional midwifery under a reciprocal 2 14 agreement, and renewal of a license to practice professional 2 15 midwifery. 2 16 Sec. 6. NEW SECTION. 154E.1 DEFINITIONS. 2 17 As used in this chapter, unless the context otherwise 2 18 requires: 2 19 1. "Board" means the board of certified professional 2 20 midwife examiners established in section 147.13. 2 21 2. "Certified professional midwife" means a person who is 2 22 licensed to practice professional midwifery under chapter 147 2 23 and this chapter. 2 24 3. "Department" means the Iowa department of public health. 2 25 4. "Out-of-hospital" means any facility, institution, or 2 26 place which is not an ambulatory surgical center or a 2 27 hospital, such as a birth center as defined in section 135G.2 2 28 or a private home. 2 29 5. "Practice of certified professional midwifery" means the 2 30 provision of midwifery services including advising, attending, 2 31 or assisting a woman during pregnancy, labor, childbirth, or 2 32 the postpartum period by a person who is neither licensed to 2 33 practice medicine or surgery nor a nurse recognized by the 2 34 Iowa board of nursing as a certified nurse midwife, and who is 2 35 not rendering emergency services without compensation. 3 1 Sec. 7. NEW SECTION. 154E.2 LICENSURE – CERTIFIED 3 2 PROFESSIONAL MIDWIFERY. 3 3 An applicant for a license to practice certified 3 4 professional midwifery shall be granted a license by the board 3 5 when the applicant satisfies all of the following 3 6 requirements: 3 7 1. Fulfills national certification requirements of the 3 8 North American registry of midwives or its successor 3 9 organization. 3 10 2. Has completed an apprenticeship period under the 3 11 supervision of a certified professional midwife, or has 3 12 completed a course of instruction in midwifery, to be 3 13 established by the board and the department by rule. 3 14 3. Passes an examination administered by the board. 3 15 Sec. 8. NEW SECTION. 154E.3 BOARD ORGANIZATION AND 3 16 AUTHORITY. 3 17 1. In addition to duties and responsibilities provided in 3 18 chapters 147 and 272C, the board and the department shall 3 19 adopt rules relating to: 3 20 a. Standards required for persons engaging in the practice 3 21 of certified professional midwifery. 3 22 b. Standards for professional conduct of persons licensed 3 23 under this chapter. 3 24 c. The administration of this chapter. 3 25 d. The application of the certification requirements of 3 26 the North American registry of midwives or its successor 3 27 organization to criteria for licensure as a certified 3 28 professional midwife. 3 29 e. Procedures for the issuance, renewal, and removal of 3 30 persons licensed under this chapter based on qualifications, 3 31 standards, and scope of practice established by the North 3 32 American registry of midwives or its successor organization. 3 33 f. Apprenticeship and courses of instruction as provided 3 34 in section 154E.2. 3 35 g. The maintenance of a registry of certified professional 4 1 midwives and statistics on the practice of certified 4 2 professional midwifery utilizing vital statistics data. 4 3 2. In establishing rules, the department and the board 4 4 shall consult with persons knowledgeable regarding the 4 5 prenatal and postpartum birth process, particularly those 4 6 possessing experience with out-of-hospital births, including 4 7 but not limited to physicians, certified professional 4 8 midwives, certified nurse midwives, and women who have given 4 9 birth in an out-of-hospital setting. 4 10 Sec. 9. NEW SECTION. 154E.4 CLIENT DISCLOSURE 4 11 1. Prior to accepting a patient for certified professional 4 12 midwifery care, a certified professional midwife shall provide 4 13 information indicating all of the following: 4 14 a. Evidence that the care provider is a licensed certified 4 15 professional midwife meeting the requirements of this chapter. 4 16 b. The certified professional midwife's educational 4 17 background and relevant experience, including experience in 4 18 various birth settings. 4 19 c. The nature, scope, and location of the care to be 4 20 given, including the possibility of and the guidelines for 4 21 transfer of the patient, newborn child, or both, to a hospital 4 22 from an out-of-hospital setting. 4 23 d. The available alternatives to professional midwifery 4 24 care. 4 25 e. A description of the risks of birth in the birth 4 26 setting anticipated pursuant to the midwifery care, including 4 27 the conditions which could arise during the delivery requiring 4 28 a change of birth setting. 4 29 f. The fact that the client is advised to consult with a 4 30 physician at least twice during the pregnancy. 4 31 g. The distance in miles between the location at which the 4 32 midwifery services are proposed to be provided and the nearest 4 33 hospital or other appropriate medical facility. 4 34 h. Information concerning whether or not the certified 4 35 professional midwife has malpractice insurance and the extent 5 1 of coverage of such insurance. 5 2 2. A certified professional midwife shall ensure that the 5 3 patient to receive midwifery services has signed a written 5 4 statement of informed consent containing at a minimum the 5 5 information required in subsection 1. The form and contents 5 6 of the statement shall be approved by the director of the 5 7 department. 5 8 3. A certified professional midwife and his or her client 5 9 shall prepare a written plan of action for continuity of care 5 10 throughout labor and delivery and to provide for the most 5 11 immediate care reasonably possible if an emergency arises. 5 12 Sec. 10. NEW SECTION. 154E.5 UNLAWFUL PRACTICE. 5 13 It shall be unlawful for any person licensed as a certified 5 14 professional midwife to attend any cases other than those of 5 15 routine childbirth, to perform any internal examinations or 5 16 manipulations of any kind, to prescribe medication, or to 5 17 perform any services of a licensed physician, physician 5 18 assistant, or nurse beyond the services specifically provided 5 19 in this chapter. In all cases in which a child is not 5 20 delivered spontaneously within a reasonable time, a certified 5 21 professional midwife shall notify a licensed and qualified 5 22 physician immediately and shall make no effort to deliver the 5 23 child except under the direction and supervision of a licensed 5 24 and qualified physician. 5 25 Sec. 11. NEW SECTION. 154E.6 EXCEPTIONS. 5 26 1. The practice of certified professional midwifery by a 5 27 certified professional midwife licensed pursuant to this 5 28 chapter shall constitute the licensed practice of midwifery 5 29 for purposes of the exception provided by chapters 147, 148, 5 30 150, and 150A of the Medical Practices Act. 5 31 2. The practice of certified professional midwifery by a 5 32 certified professional midwife licensed pursuant to this 5 33 chapter shall not constitute advanced registered nurse 5 34 practitioner care. 5 35 3. This chapter and chapter 147 do not prevent qualified 6 1 members of other professions, including physicians and nurses, 6 2 from providing services consistent with the nature of 6 3 certified professional midwifery, but these persons shall not 6 4 use a title or description denoting that they are certified 6 5 professional midwives. 6 6 EXPLANATION 6 7 This bill provides for the licensing of certified 6 8 professional midwives. The bill provides that the practice of 6 9 certified professional midwifery refers to the provision of 6 10 midwifery services including advising, attending, or assisting 6 11 a woman during pregnancy, labor, childbirth, or the postpartum 6 12 period by a person who is neither licensed to practice 6 13 medicine or surgery nor a nurse recognized by the Iowa board 6 14 of nursing as a certified nurse midwife, and who is not 6 15 rendering emergency services without compensation. An 6 16 applicant for a license to practice certified professional 6 17 midwifery shall fulfill national certification requirements of 6 18 the North American registry of midwives or its successor 6 19 organization, complete an apprenticeship period under the 6 20 supervision of a certified professional midwife, or complete a 6 21 course of instruction to be established by the Iowa department 6 22 of public health by rule, and pass an examination administered 6 23 by the board of certified professional midwife examiners. 6 24 The bill provides for the establishment of a board of 6 25 certified professional midwife examiners responsible for 6 26 establishing rules regarding the licensing and practice of 6 27 certified professional midwifery, and makes changes in Code 6 28 chapter 147 consistent with the establishment of the new 6 29 board. In establishing rules, the bill provides that the 6 30 board shall consult with persons knowledgeable regarding the 6 31 prenatal and postpartum birth process, particularly those 6 32 possessing experience with out-of-hospital births, including 6 33 but not limited to physicians, certified professional 6 34 midwives, certified nurse midwives, and women who have given 6 35 birth in an out-of-hospital setting. The bill provides that 7 1 information relating to the qualification and experience of 7 2 the certified professional midwife, the nature and scope of 7 3 the care to be provided, potential complications, and related 7 4 information shall be disclosed prior to accepting a patient 7 5 for certified professional midwifery care, and that a 7 6 certified professional midwife shall ensure that the patient 7 7 to receive midwifery services has signed a written statement 7 8 of informed consent. The bill also provides that a certified 7 9 professional midwife and his or her client shall prepare a 7 10 written plan of action for continuity of care throughout labor 7 11 and delivery and to provide for the most immediate care 7 12 reasonably possible if an emergency arises. 7 13 The bill additionally provides that it shall be unlawful 7 14 for any person licensed as a certified professional midwife to 7 15 attend any cases other than those of normal childbirth, to 7 16 perform any internal examinations or manipulations of any 7 17 kind, to prescribe medication, or to perform any services of a 7 18 licensed physician, physician assistant, or nurse beyond the 7 19 services specifically provided in the bill. In all cases in 7 20 which a child is not delivered spontaneously within a 7 21 reasonable time, the bill provides that a certified 7 22 professional midwife shall notify a qualified physician 7 23 immediately and shall make no effort to deliver the child 7 24 except under the direction and supervision of a the physician. 7 25 The bill further provides that qualified members of other 7 26 professions, including physicians and nurses, are not 7 27 prevented from providing services consistent with the nature 7 28 of certified professional midwifery, but these persons shall 7 29 not use a title or description denoting that they are 7 30 certified professional midwives. 7 31 LSB 4096HH 77 7 32 rn/jw/5
Text: HF02364 Text: HF02366 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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