Text: HF02459 Text: HF02461 Text: HF02400 - HF02499 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 licensed under chapter 148, 150, 1 33 or 150A and is practicing in obstetrics or who is an advanced 1 34 registered nurse practitioner licensed under chapter 152 who 1 35 is a certified nurse midwife, and one member who is not a 2 1 licensed certified professional midwife or a licensed health 2 2 care provider who has received professional midwifery services 2 3 and who shall represent the general public. 2 4 Sec. 4. Section 147.74, Code 1997, is amended by adding 2 5 the following new subsection: 2 6 NEW SUBSECTION. 21. A certified professional midwife 2 7 licensed under chapter 154E may use the words "certified 2 8 professional midwife" or the initials "C.P.M." after the 2 9 person's name. 2 10 Sec. 5. Section 147.80, Code 1997, is amended by adding 2 11 the following new subsection: 2 12 NEW SUBSECTION. 25A. License to practice certified 2 13 professional midwifery upon the basis of an examination given 2 14 by the board of certified professional midwife examiners, 2 15 license to practice professional midwifery under a reciprocal 2 16 agreement, and renewal of a license to practice professional 2 17 midwifery. 2 18 Sec. 6. NEW SECTION. 154E.1 DEFINITIONS. 2 19 As used in this chapter, unless the context otherwise 2 20 requires: 2 21 1. "Board" means the board of certified professional 2 22 midwife examiners established in section 147.13. 2 23 2. "Certified professional midwife" means a person who is 2 24 licensed to practice professional midwifery under chapter 147 2 25 and this chapter. 2 26 3. "Department" means the Iowa department of public health. 2 27 4. "Out-of-hospital" means any facility, institution, or 2 28 place which is not an ambulatory surgical center or a 2 29 hospital, such as a birth center as defined in section 135G.2 2 30 or a private home. 2 31 5. "Practice of certified professional midwifery" means the 2 32 provision of midwifery services including advising, attending, 2 33 or assisting a woman during pregnancy, labor, childbirth, or 2 34 the postpartum period by a person who is neither licensed to 2 35 practice under chapter 148, 150, or 150A nor a nurse 3 1 recognized by the Iowa board of nursing as an advanced 3 2 registered nurse practitioner who is a certified nurse 3 3 midwife, and who is not rendering emergency services without 3 4 compensation. 3 5 Sec. 7. NEW SECTION. 154E.2 LICENSURE – CERTIFIED 3 6 PROFESSIONAL MIDWIFERY. 3 7 An applicant for a license to practice certified 3 8 professional midwifery shall be granted a license by the board 3 9 when the applicant satisfies all of the following 3 10 requirements: 3 11 1. Has fulfilled national certification requirements of 3 12 the North American registry of midwives or its successor 3 13 organization. 3 14 2. Has completed an apprenticeship period under the 3 15 supervision of a certified professional midwife, or has 3 16 completed a course of instruction in midwifery, to be 3 17 established by the board and the department by rule. 3 18 3. Has passed an examination administered by the board. 3 19 Sec. 8. NEW SECTION. 154E.3 BOARD ORGANIZATION AND 3 20 AUTHORITY. 3 21 1. In addition to duties and responsibilities provided in 3 22 chapters 147 and 272C, the board and the department shall 3 23 adopt rules relating to: 3 24 a. Standards required for persons engaging in the practice 3 25 of certified professional midwifery. 3 26 b. Standards for professional conduct of persons licensed 3 27 under this chapter. 3 28 c. The administration of this chapter. 3 29 d. The application of the certification requirements of 3 30 the North American registry of midwives or its successor 3 31 organization to criteria for licensure as a certified 3 32 professional midwife. 3 33 e. Procedures for the issuance, renewal, and removal of 3 34 persons licensed under this chapter based on qualifications, 3 35 standards, and scope of practice established by the North 4 1 American registry of midwives or its successor organization. 4 2 f. Apprenticeship and courses of instruction as provided 4 3 in section 154E.2. 4 4 g. The maintenance of a registry of certified professional 4 5 midwives and statistics on the practice of certified 4 6 professional midwifery utilizing vital statistics data. 4 7 2. In establishing rules, the department and the board 4 8 shall consult with persons knowledgeable regarding the 4 9 prenatal and postpartum birth process, particularly those 4 10 possessing experience with out-of-hospital births, including 4 11 but not limited to persons licensed under chapters 148, 150, 4 12 and 150A, certified professional midwives, advanced registered 4 13 nurse practitioners who are certified nurse midwives, and 4 14 women who have given birth in an out-of-hospital setting. 4 15 Sec. 9. NEW SECTION. 154E.4 CLIENT DISCLOSURE. 4 16 Prior to accepting a patient for certified professional 4 17 midwifery care, a certified professional midwife shall provide 4 18 information indicating all of the following: 4 19 1. Evidence that the care provider is a licensed certified 4 20 professional midwife meeting the requirements of this chapter. 4 21 2. The certified professional midwife's educational 4 22 background and relevant experience, including experience in 4 23 various birth settings. 4 24 3. The nature, scope, and location of the care to be 4 25 given, including the possibility of and the guidelines for 4 26 transfer of the patient, newborn child, or both, to a hospital 4 27 from an out-of-hospital setting. 4 28 Sec. 10. NEW SECTION. 154E.6 EXCEPTIONS. 4 29 1. The practice of certified professional midwifery by a 4 30 certified professional midwife licensed pursuant to this 4 31 chapter shall constitute the licensed practice of midwifery. 4 32 However, nothing in this chapter is intended to require a 4 33 midwife to become licensed as described in this chapter. 4 34 2. The practice of certified professional midwifery by a 4 35 certified professional midwife licensed pursuant to this 5 1 chapter does not constitute the practice of medicine and 5 2 surgery under chapter 148, the practice of osteopathy under 5 3 chapter 150, the practice of osteopathic medicine and surgery 5 4 under chapter 150A, or the practice of nursing under chapter 5 5 152. 5 6 3. This chapter and chapter 147 do not prevent qualified 5 7 members of other professions, including but not limited to, 5 8 individuals licensed under chapter 148, 150, 150A, or 152 from 5 9 providing services consistent with the nature of certified 5 10 professional midwifery, but these persons shall not use a 5 11 title or description denoting that they are certified 5 12 professional midwives. 5 13 Sec. 11. NEW SECTION. 154E.7 LIABILITY. 5 14 Persons licensed under chapters 148, 150, 150A, and 152, 5 15 and other licensed health care providers shall not be held 5 16 liable for the acts or omissions of a certified professional 5 17 midwife when they render birth-related services to the client 5 18 of a certified professional midwife. The liability of those 5 19 licensed individuals in rendering care or assistance in good 5 20 faith to a client of a certified professional midwife is 5 21 limited to damages caused by the licensed individual's own 5 22 gross negligence or willful or wanton acts or omissions. 5 23 Sec. 12. Section 272C.1, subsection 6, Code 1997, is 5 24 amended by adding the following new paragraph: 5 25 NEW PARAGRAPH. ac. The board of certified professional 5 26 midwife examiners, created pursuant to chapter 147. 5 27 Sec. 13. INITIAL BOARD. 5 28 1. Notwithstanding section 147.14, initial professional 5 29 appointees to the certified professional midwife examiners 5 30 shall fulfill the national certification requirements of the 5 31 North American registry of midwives. 5 32 2. Notwithstanding section 147.14, of the initial 5 33 appointments to the board of certified professional midwife 5 34 examiners, one member shall be appointed for a one-year term, 5 35 one member shall be appointed for a two-year term, and one 6 1 member shall be appointed for a three-year term. The member 6 2 who is licensed under chapter 148, 150, 150A, or 152 shall be 6 3 appointed for a two-year term and the member representing the 6 4 general public shall be appointed to a three-year term. 6 5 EXPLANATION 6 6 This bill provides for the licensing of certified 6 7 professional midwives. The bill provides that the practice of 6 8 certified professional midwifery refers to the provision of 6 9 midwifery services including advising, attending, or assisting 6 10 a woman during pregnancy, labor, childbirth, or the postpartum 6 11 period by a person who is not licensed to practice medicine 6 12 and surgery, osteopathy, osteopathic medicine and surgery, or 6 13 a nurse recognized by the Iowa board of nursing as an advanced 6 14 registered nurse practitioner who is a certified nurse 6 15 midwife, and who is not rendering emergency services without 6 16 compensation. An applicant for a license to practice 6 17 certified professional midwifery shall fulfill national 6 18 certification requirements of the North American registry of 6 19 midwives or its successor organization, complete an 6 20 apprenticeship period under the supervision of a certified 6 21 professional midwife or complete a course of instruction to be 6 22 established by the Iowa department of public health by rule, 6 23 and pass an examination administered by the board of certified 6 24 professional midwife examiners. 6 25 The bill provides for the establishment of a board of 6 26 certified professional midwife examiners responsible for 6 27 establishing rules regarding the licensing and practice of 6 28 certified professional midwifery, and makes changes in Code 6 29 chapter 147 consistent with the establishment of the new 6 30 board. In establishing rules, the bill provides that the 6 31 board shall consult with persons knowledgeable regarding the 6 32 prenatal and postpartum birth process, particularly those 6 33 possessing experience with out-of-hospital births, including 6 34 but not limited to physicians and surgeons, osteopathic 6 35 physicians, osteopathic physicians and surgeons, certified 7 1 professional midwives, certified nurse midwives, and women who 7 2 have given birth in an out-of-hospital setting. The bill 7 3 provides that information relating to the qualification and 7 4 experience of the certified professional midwife, the nature 7 5 and scope of the care to be provided, and related information 7 6 shall be disclosed prior to accepting a patient for certified 7 7 professional midwifery care. 7 8 The bill provides that qualified members of other 7 9 professions, including physicians and nurses, are not 7 10 prevented from providing services consistent with the nature 7 11 of certified professional midwifery, but these persons shall 7 12 not use a title or description denoting that they are 7 13 certified professional midwives. 7 14 The bill provides that licensed physicians and surgeons, 7 15 licensed osteopaths, licensed osteopathic physicians and 7 16 surgeons, licensed nurses, and other licensed health care 7 17 providers are not liable for acts or omissions of a certified 7 18 professional midwife when they are providing assistance to the 7 19 certified professional midwife. Any liability is limited to 7 20 damages caused by gross negligence or willful or wanton acts 7 21 or omissions. 7 22 The bill provides for the appointment of the initial board. 7 23 LSB 4096YH 77 7 24 rn/jw/5.1
Text: HF02459 Text: HF02461 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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