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PAG LIN
1 1 Section 1. NEW SECTION. 147B.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Council" means the midwifery advisory council
1 5 appointed by the director of the Iowa department of public
1 6 health to develop and adopt rules relating to the practice of
1 7 direct entry midwifery.
1 8 2. "Department" means the Iowa department of public
1 9 health.
1 10 3. "Director" means the director of the Iowa department of
1 11 public health.
1 12 4. "Practice of direct entry midwifery" means the
1 13 provision of midwifery services including advising, attending,
1 14 or assisting a woman during pregnancy, labor, childbirth, or
1 15 the postpartum period by a person who is neither licensed to
1 16 practice under chapter 148, 150, or 150A, nor a nurse
1 17 recognized by the Iowa board of nursing as an advanced
1 18 registered nurse practitioner, who is a certified professional
1 19 midwife or a certified midwife and who is not rendering
1 20 emergency services without compensation.
1 21 Sec. 2. NEW SECTION. 147B.2 AUTHORIZATION AND PURPOSE.
1 22 The purpose of this chapter is to legalize the practice of
1 23 direct entry midwifery, and to provide for the registration
1 24 and regulation of persons providing direct entry midwifery
1 25 services.
1 26 Sec. 3. NEW SECTION. 147B.3 REGISTRATION – RENEWAL.
1 27 1. The department, upon application and receipt of the
1 28 prescribed fee, shall issue a certificate to an individual who
1 29 has met all of the requirements for registration as a
1 30 certified professional midwife or a certified midwife
1 31 established by rules adopted under section 147B.6, based on
1 32 the recommendations of the council pursuant to section 147B.4.
1 33 2. Registration certificates shall be valid for the
1 34 multiyear period determined by the department, unless sooner
1 35 suspended or revoked. The certificate shall be renewed upon
2 1 application of the holder and receipt of the prescribed fee if
2 2 the holder has satisfactorily completed continuing education
2 3 programs as required by rule.
2 4 3. The department may, based upon recommendations of the
2 5 council, deny an application for issuance or renewal of a
2 6 registration certificate, or suspend or revoke the certificate
2 7 if the department finds that the applicant or certificate
2 8 holder is guilty of acts or offenses to be determined by rule.
2 9 A denial, suspension, or revocation under this section shall
2 10 be carried out and may be appealed in accordance with the
2 11 rules of the department established pursuant to chapter 272C.
2 12 Sec. 4. NEW SECTION. 147B.4 COUNCIL ESTABLISHED – TERMS
2 13 OF OFFICE.
2 14 1. A midwifery advisory council shall be appointed by the
2 15 director. Membership of the council shall be comprised of two
2 16 physicians licensed to practice medicine in the state of Iowa
2 17 pursuant to chapter 148 or 150A, one of which shall be a
2 18 board-certified obstetrician and the other of which, at the
2 19 discretion of the director, shall be either a board-certified
2 20 pediatrician or a board-certified family practice physician;
2 21 one certified nurse midwife licensed pursuant to chapter 152;
2 22 two certified professional midwives registered pursuant to the
2 23 provisions of this chapter; and two members who shall
2 24 represent the general public.
2 25 2. The council shall advise the director and develop
2 26 recommendations for the adoption of rules by the department
2 27 regarding regulation of the practice of direct entry midwifery
2 28 and development of clinical practice protocols.
2 29 a. Recommendations by the council relating to the
2 30 regulation of the practice of direct entry midwifery shall
2 31 include, but not be limited to, the following:
2 32 (1) Development of registration requirements. An
2 33 applicant shall be eligible for registration as a certified
2 34 professional midwife if the applicant is recognized by the
2 35 north American registry of midwives as a certified
3 1 professional midwife, or shall be eligible for registration as
3 2 a certified midwife if recognized by the American college of
3 3 nurse midwives as a certified midwife. An applicant for
3 4 registration who is recognized as a certified midwife by the
3 5 American college of nurse midwives shall possess stipulated
3 6 home birth experience as outlined by the north American
3 7 registry of midwives. Registration requirements as a
3 8 certified professional midwife and as a certified midwife
3 9 shall also include current certification in a neonatal
3 10 resuscitation program.
3 11 (2) Development of protocols for a review of clinical
3 12 practice procedures established pursuant to paragraph "b" of
3 13 this subsection.
3 14 (3) Development of protocols for disciplinary action,
3 15 pursuant to section 147B.3, subsection 3.
3 16 (4) Determination of procedures regarding data collection
3 17 and data submission that include risk assessment and outcomes
3 18 data related to both a mother and child receiving the services
3 19 of a midwife registered pursuant to this chapter.
3 20 b. Recommendations by the council relating to the
3 21 development of clinical practice protocols shall include, but
3 22 not be limited to, the following:
3 23 (1) Mandatory consultation with a licensed provider of
3 24 obstetric services or certified nurse midwifery for risk
3 25 assessment at least two times during a pregnancy.
3 26 (2) A mandatory statement by a midwife registered pursuant
3 27 to this chapter that a client is strongly encouraged to seek
3 28 consultation with a licensed provider of child health services
3 29 for an infant within a week following the infant's birth.
3 30 (3) Rigorous and ongoing risk assessment with mandatory
3 31 consultation or referral to either a licensed provider of
3 32 obstetric services, a certified nurse midwife, or a licensed
3 33 provider of child health services as determined appropriate by
3 34 a midwife registered pursuant to this chapter.
3 35 (4) Obtaining written, informed consent which includes a
4 1 written emergency backup plan.
4 2 (5) Restriction of the scope of practice protocol
4 3 applicable to a certified professional midwife which excludes
4 4 the authority to prescribe drugs and to order diagnostic
4 5 testing.
4 6 Sec. 5. NEW SECTION. 147B.5 MEETINGS OF THE COUNCIL –
4 7 QUORUM – EXPENSES.
4 8 Membership, terms of office, quorum, and expenses relating
4 9 to the midwifery advisory council shall be determined by the
4 10 director pursuant to chapter 135.
4 11 Sec. 6. NEW SECTION. 147B.6 RULEMAKING AUTHORITY.
4 12 The department shall adopt rules under this chapter, based
4 13 upon the recommendations of the council, pursuant to section
4 14 147B.4.
4 15 Sec. 7. NEW SECTION. 147B.7 PROHIBITION – CRIME.
4 16 A person required to register by this chapter who practices
4 17 as a certified professional midwife or a certified midwife
4 18 without having obtained the appropriate registration
4 19 certificate under this chapter, is guilty of a serious
4 20 misdemeanor.
4 21 EXPLANATION
4 22 This bill provides registration requirements for
4 23 individuals engaged in the practice of direct entry midwifery,
4 24 and establishes a midwifery advisory council.
4 25 The bill defines the practice of direct entry midwifery to
4 26 refer to the provision of midwifery services including
4 27 advising, attending, or assisting a woman during pregnancy,
4 28 labor, childbirth, or the postpartum period by a person who is
4 29 neither licensed to practice under Code chapter 148, 150, or
4 30 150A, nor a nurse recognized by the Iowa board of nursing as
4 31 an advanced registered nurse practitioner, who is a certified
4 32 professional midwife or a certified midwife, and who is not
4 33 rendering emergency services without compensation.
4 34 The bill provides that the department of public health,
4 35 upon application and receipt of a prescribed fee, shall issue
5 1 a certificate of registration to an individual who has met all
5 2 of the requirements for registration as a certified
5 3 professional midwife or a certified midwife established by
5 4 departmental rules based on the recommendations of a midwifery
5 5 advisory council. The bill provides that the council shall be
5 6 appointed by the director of the department of public health.
5 7 Membership of the council shall be comprised of two physicians
5 8 licensed to practice medicine in the state of Iowa pursuant to
5 9 Code chapter 148 or 150A, one of which shall be a board-
5 10 certified obstetrician and the other of which at the
5 11 discretion of the director shall be either a board-certified
5 12 pediatrician or a board-certified family practice physician;
5 13 one certified nurse midwife licensed pursuant to Code chapter
5 14 152; two certified professional midwives registered pursuant
5 15 to the provisions of this chapter; and two members who shall
5 16 represent the general public.
5 17 The bill provides that the council shall advise the
5 18 director and develop recommendations for the adoption of rules
5 19 by the department regarding regulation of the practice of
5 20 direct entry midwifery. The bill provides that this shall
5 21 include the development of registration requirements. An
5 22 applicant shall be eligible for registration as a certified
5 23 professional midwife if recognized by the north American
5 24 registry of midwives as a certified professional midwife, or
5 25 shall be eligible for registration as a certified midwife if
5 26 recognized by the American college of nurse midwives as a
5 27 certified midwife. The bill provides that an applicant for
5 28 registration who is recognized as a certified midwife by the
5 29 American college of nurse midwives shall possess stipulated
5 30 home birth experience as outlined by the north American
5 31 registry of midwives, and that registration requirements for
5 32 both certified professional midwives and certified midwives
5 33 shall also include current certification in a neonatal
5 34 resuscitation program. The bill provides that the council
5 35 shall also develop protocols for a review of clinical practice
6 1 procedures and for disciplinary action, and that the council
6 2 shall determine procedures regarding data collection and data
6 3 submission that include risk assessment and outcomes data
6 4 related to both a mother and child receiving the services of a
6 5 midwife registered pursuant to this chapter.
6 6 The bill additionally provides that the council make
6 7 recommendations regarding the development of clinical practice
6 8 protocols. The protocols shall include, but not be limited
6 9 to, mandatory consultation with a licensed provider of
6 10 obstetric services or certified nurse midwifery, a mandatory
6 11 statement encouraging a client to seek consultation with a
6 12 licensed provider of child health services for an infant,
6 13 ongoing risk assessment, the obtaining of written informed
6 14 consent, and the restriction of the scope of practice protocol
6 15 applicable to a certified professional midwife to exclude
6 16 authority to prescribe drugs and order diagnostic testing.
6 17 The bill provides for the renewal of registration
6 18 certificates upon application and receipt of the prescribed
6 19 fee if the registrant has satisfactorily completed continuing
6 20 education programs to be established by rule. The bill
6 21 further provides that an application for issuance or renewal
6 22 of a registration certificate may be denied, revoked or
6 23 suspended by the department under circumstances to be
6 24 determined by rule. The bill provides that a nonregistered
6 25 individual who is not excluded from the requirements for
6 26 registration and who practices as a certified professional
6 27 midwife or a certified midwife without having obtained a
6 28 registration certificate shall be guilty of a serious
6 29 misdemeanor.
6 30 LSB 6516SC 78
6 31 rn/cf/24
Text: SSB03153 Text: SSB03155 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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