Text: SSB03153                          Text: SSB03155
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3154

Bill Text

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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