House
File
453
-
Introduced
HOUSE
FILE
453
BY
KAUFMANN
A
BILL
FOR
An
Act
providing
for
midwife
licensure
and
providing
for
a
fee
1
and
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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453
Section
1.
MIDWIFERY
LICENSURE
——
LEGISLATIVE
FINDINGS
1
AND
INTENT.
The
general
assembly
recognizes
the
need
for
a
2
person
to
have
the
freedom
to
choose
the
manner,
cost,
and
3
setting
for
giving
birth.
The
general
assembly
finds
that
4
access
to
prenatal
care
and
delivery
services
is
limited
by
5
the
inadequate
number
of
providers
of
such
services
and
that
6
the
practice
of
midwifery
may
help
to
reduce
this
shortage.
7
The
general
assembly
also
recognizes
the
need
for
the
safe
and
8
effective
delivery
of
newborn
babies
and
the
health,
safety,
9
and
welfare
of
their
mothers
in
the
delivery
process.
The
10
general
assembly,
in
the
interest
of
public
health,
promotes
11
the
regulation
of
the
practice
of
midwifery
in
Iowa
for
the
12
purpose
of
protecting
the
health
and
welfare
of
women
and
13
infants.
The
general
assembly
recognizes
that
midwifery
is
a
14
profession
in
its
own
right
and
that
it
is
not
the
practice
of
15
medicine
or
nursing.
16
Sec.
2.
Section
147.1,
subsections
3
and
6,
Code
2017,
are
17
amended
to
read
as
follows:
18
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
19
and
surgeon,
podiatric
physician,
osteopathic
physician
and
20
surgeon,
physician
assistant,
psychologist,
chiropractor,
21
nurse,
dentist,
dental
hygienist,
dental
assistant,
22
optometrist,
speech
pathologist,
audiologist,
pharmacist,
23
physical
therapist,
physical
therapist
assistant,
occupational
24
therapist,
occupational
therapy
assistant,
orthotist,
25
prosthetist,
pedorthist,
respiratory
care
practitioner,
26
practitioner
of
cosmetology
arts
and
sciences,
practitioner
27
of
barbering,
funeral
director,
dietitian,
marital
and
family
28
therapist,
mental
health
counselor,
respiratory
care
and
29
polysomnography
practitioner,
polysomnographic
technologist,
30
social
worker,
massage
therapist,
midwife,
athletic
trainer,
31
acupuncturist,
nursing
home
administrator,
hearing
aid
32
specialist,
or
sign
language
interpreter
or
transliterator
33
means
a
person
licensed
under
this
subtitle
.
34
6.
“Profession”
means
medicine
and
surgery,
podiatry,
35
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osteopathic
medicine
and
surgery,
practice
as
a
physician
1
assistant,
psychology,
chiropractic,
nursing,
dentistry,
2
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
3
audiology,
pharmacy,
physical
therapy,
physical
therapist
4
assisting,
occupational
therapy,
occupational
therapy
5
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
6
barbering,
mortuary
science,
marital
and
family
therapy,
mental
7
health
counseling,
polysomnography,
social
work,
dietetics,
8
massage
therapy,
midwifery,
athletic
training,
acupuncture,
9
nursing
home
administration,
practice
as
a
hearing
aid
10
specialist,
sign
language
interpreting
or
transliterating,
11
orthotics,
prosthetics,
or
pedorthics.
12
Sec.
3.
Section
147.2,
subsection
1,
Code
2017,
is
amended
13
to
read
as
follows:
14
1.
A
person
shall
not
engage
in
the
practice
of
medicine
15
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
16
psychology,
chiropractic,
physical
therapy,
physical
17
therapist
assisting,
nursing,
dentistry,
dental
hygiene,
18
dental
assisting,
optometry,
speech
pathology,
audiology,
19
occupational
therapy,
occupational
therapy
assisting,
20
orthotics,
prosthetics,
pedorthics,
respiratory
care,
21
pharmacy,
cosmetology
arts
and
sciences,
barbering,
social
22
work,
dietetics,
marital
and
family
therapy
or
mental
health
23
counseling,
massage
therapy,
midwifery,
mortuary
science,
24
polysomnography,
athletic
training,
acupuncture,
nursing
25
home
administration,
or
sign
language
interpreting
or
26
transliterating,
or
shall
not
practice
as
a
physician
assistant
27
or
a
hearing
aid
specialist,
unless
the
person
has
obtained
a
28
license
for
that
purpose
from
the
board
for
the
profession.
29
Sec.
4.
Section
147.13,
Code
2017,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
25.
For
midwifery,
the
board
of
midwifery.
32
Sec.
5.
Section
147.14,
subsection
1,
Code
2017,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
x.
For
midwifery,
a
total
of
seven
members,
35
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453
four
members
who
are
licensed
midwives
under
chapter
148H;
1
one
member
who
is
licensed
under
chapter
148,
is
a
practicing
2
family
physician,
and
has
professional
experience
consulting
3
for
and
collaborating
with
direct-entry
midwives;
and
two
4
members
who
are
not
licensed
midwives
or
licensed
health
care
5
providers
who
have
received
direct-entry
midwifery
services
and
6
who
shall
represent
the
general
public.
7
Sec.
6.
Section
147.74,
Code
2017,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
5A.
A
midwife
licensed
under
chapter
148H
10
may
use
the
words
“licensed
midwife”
or
the
initials
“L.M.”
11
after
the
person’s
name.
12
Sec.
7.
NEW
SECTION
.
148H.1
Definitions.
13
As
used
in
this
chapter,
unless
the
context
otherwise
14
requires:
15
1.
“Board”
means
the
board
of
midwifery
created
under
16
chapter
147.
17
2.
“Licensed
midwife”
means
a
person
who
is
licensed
to
18
practice
midwifery
as
provided
in
this
chapter.
19
3.
“Midwife”
means
a
person
who
is
trained
to
give
the
20
necessary
care
and
advice
to
a
woman
during
pregnancy,
labor,
21
and
the
postnatal
period,
to
conduct
normal
deliveries
on
the
22
midwife’s
own
responsibility,
and
to
care
for
the
newly
born
23
infant,
and
who
is
able
to
recognize
the
warning
signs
of
24
abnormal
conditions
requiring
referral
to
or
collaboration
with
25
a
physician.
26
4.
“Midwifery”
means
the
practice
of
attending
to
a
woman
27
experiencing
a
low-risk
pregnancy
during
pregnancy,
labor,
and
28
the
postnatal
period
with
the
informed
consent
of
the
woman,
29
and
the
provision
of
comprehensive
care
of
the
pregnant
woman
30
during
the
antepartum
phase,
intrapartum
phase,
and
postpartum
31
phase,
and
the
application
of
emergency
care
when
necessary.
32
5.
“Out-of-hospital”
means
any
facility,
institution,
or
33
place
which
is
not
an
ambulatory
surgical
center
or
a
hospital,
34
such
as
a
birth
center
as
defined
in
section
135.61
or
a
35
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private
home.
1
Sec.
8.
NEW
SECTION
.
148H.2
Licensure
——
licensed
2
midwifery.
3
1.
Every
person
engaged
in
the
practice
of
midwifery
in
this
4
state
shall
be
licensed
pursuant
to
this
chapter.
5
2.
Prior
to
obtaining
licensure,
an
applicant
shall
6
successfully
pass
an
examination
approved
by
the
board
by
rule
7
demonstrating
competencies
in
at
least
all
of
the
following
8
areas:
risk
assessment
and
management;
prenatal
care;
9
management
of
normal
labor,
birth,
and
postpartum;
newborn
care
10
up
to
six
weeks;
and
adult
cardiopulmonary
resuscitation
and
11
newborn
resuscitation.
12
3.
The
applicant
shall
hold
a
certified
professional
13
midwife
credential
issued
by
the
North
American
registry
of
14
midwives
or
any
other
nationally
accredited
credential
as
15
specified
by
the
board.
If
an
applicant
has
been
subject
to
16
prior
revocation
of
a
license
to
practice
medicine
or
nursing,
17
the
applicant
shall
not
be
eligible
for
licensure
under
this
18
chapter,
except
as
determined
by
the
board.
19
4.
The
board
may
request,
at
the
applicant’s
expense,
that
20
the
department
of
public
safety
perform
a
criminal
history
21
check
and
the
department
of
human
services
perform
child
and
22
dependent
adult
abuse
record
checks
of
the
applicant.
If
an
23
applicant
has
a
criminal
record
or
a
record
of
founded
child
or
24
dependent
adult
abuse,
the
board
shall
perform
an
evaluation
to
25
determine
whether
the
record
warrants
denial
of
licensure.
26
Sec.
9.
NEW
SECTION
.
148H.3
Use
of
title
——
penalty.
27
A
person
shall
not
use
the
title
“licensed
midwife”,
28
describe
or
imply
that
the
person
is
a
licensed
midwife,
or
29
represent
the
person
as
a
licensed
midwife
unless
the
person
is
30
licensed
under
this
chapter
or
is
licensed
as
a
nurse-midwife
31
under
chapter
152.
32
Sec.
10.
NEW
SECTION
.
148H.4
Rules.
33
1.
The
board
shall:
34
a.
Adopt
rules
relating
to
standards
for
professional
35
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453
conduct
of
persons
licensed
under
this
chapter.
1
b.
Adopt
rules
consistent
with
this
chapter
and
with
2
chapters
17A,
147,
and
272C
which
are
necessary
for
the
3
performance
of
the
board’s
duties.
4
c.
Act
on
matters
concerning
licensure
and
the
processes
5
of
applying
for,
granting,
suspending,
imposing
supervisory
6
or
probationary
conditions
upon,
reinstating,
and
revoking
a
7
license.
8
d.
Administer
the
provisions
of
this
chapter
requiring
9
documentation
required
to
demonstrate
competence
as
a
midwife,
10
and
the
processing
of
applications
for
licenses
and
license
11
renewal.
12
e.
Develop
continuing
education
requirements
as
a
condition
13
of
license
renewal.
14
f.
Evaluate
requirements
for
licensure
in
other
states
to
15
determine
if
reciprocity
may
be
granted.
16
g.
Establish
and
collect
licensure
fees
as
provided
in
17
section
147.80
and
retain
fees
as
provided
in
section
147.82.
18
h.
Establish
procedures
for
the
issuance,
renewal,
and
19
revocation
or
suspension
of
a
license
under
this
chapter.
20
i.
Maintain
a
registry
of
licensed
midwives
and
statistics
21
on
the
practice
of
midwifery
utilizing
vital
statistics
data.
22
2.
In
developing
rules,
the
board
may
consult
with
23
persons
knowledgeable
regarding
the
prenatal
and
postpartum
24
birth
process,
particularly
those
possessing
experience
25
with
out-of-hospital
births,
including
but
not
limited
to
26
persons
licensed
under
chapter
148,
certified
professional
27
midwives,
advanced
registered
nurse
practitioners
who
are
28
certified
nurse-midwives,
and
women
who
have
given
birth
in
29
an
out-of-hospital
setting.
In
developing
rules
relating
30
to
the
practice
of
midwifery,
the
board
shall
reflect
the
31
knowledge
and
skills
identified
by
the
North
American
registry
32
of
midwives’
current
job
description
for
the
profession
and
the
33
standards
of
practice
of
midwifery
established
by
the
national
34
association
of
certified
professional
midwives
or
a
successor
35
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453
organization.
1
3.
Rules
relating
to
the
practice
of
midwifery
shall
be
2
consistent
with
the
North
American
registry
of
midwives’
3
current
job
description
for
the
profession
and
the
standards
4
of
practice
of
midwifery
established
by
the
national
5
association
of
certified
professional
midwives
or
a
successor
6
organization,
and
shall
not
expand
the
scope
of
practice
of
7
midwifery
established
by
the
national
association
of
certified
8
professional
midwives
or
a
successor
organization.
9
Sec.
11.
NEW
SECTION
.
148H.5
Client
disclosure.
10
Prior
to
accepting
a
patient
for
midwifery
care,
a
licensed
11
midwife
shall
provide
information
to
the
patient
indicating
all
12
of
the
following:
13
1.
Evidence
that
the
care
provider
is
a
licensed
midwife
14
meeting
the
requirements
of
this
chapter.
15
2.
Whether
the
licensed
midwife
has
malpractice
liability
16
insurance
coverage
and
the
policy
limits
of
such
coverage.
17
3.
The
midwife’s
educational
background
and
relevant
18
experience,
including
experience
in
various
birth
settings.
19
4.
The
nature,
scope,
and
location
of
the
care
to
be
20
given,
including
the
possibility
of
and
the
guidelines
for
21
consultation,
referral,
or
transfer
of
the
patient
to
a
22
hospital
from
an
out-of-hospital
setting.
23
Sec.
12.
NEW
SECTION
.
148H.6
Exceptions.
24
1.
This
chapter
does
not
prevent
qualified
members
of
other
25
professions
including
but
not
limited
to
individuals
licensed
26
under
chapter
148
or
152
from
providing
services
consistent
27
with
the
nature
of
the
practice
of
midwifery.
28
2.
This
chapter
does
not
prevent
or
prohibit
a
student
29
midwife
from
performing
tasks
related
to
the
practice
of
30
midwifery
under
the
supervision
of
a
licensed
midwife,
a
31
certified
nurse-midwife,
or
a
licensed
physician
during
32
completion
of
the
licensure
process.
33
3.
The
practice
of
midwifery
in
this
state
prior
to
July
1,
34
2017,
shall
not
constitute
grounds
for
disciplinary
action
by
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453
the
board.
The
board
may
issue
a
license
to
a
person
who
has
1
practiced
midwifery
in
this
state
prior
to
that
date
upon
that
2
person’s
application
and
compliance
with
the
provisions
of
this
3
chapter
and
the
rules
adopted
pursuant
to
this
chapter.
4
Sec.
13.
NEW
SECTION
.
148H.7
Requirements
for
licensure
——
5
temporary
license.
6
An
individual
who
does
not
meet
the
requirements
for
7
licensure
by
examination
pursuant
to
section
148H.2
may
apply
8
for
a
one-year
temporary
license,
the
qualifications
for
9
which
shall
be
determined
by
the
board
by
rule.
Renewal
of
10
the
temporary
license
shall
be
determined
by
the
board.
The
11
board
may
revoke
a
temporary
license
if
it
determines
that
the
12
temporary
licensee
has
violated
standards
established
by
rule.
13
Sec.
14.
Section
272C.1,
subsection
6,
Code
2017,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
ah.
The
board
of
midwifery,
created
pursuant
16
to
chapter
147.
17
Sec.
15.
Section
272C.4,
subsection
6,
Code
2017,
is
amended
18
to
read
as
follows:
19
6.
Define
by
rule
acts
or
omissions
that
are
grounds
for
20
revocation
or
suspension
of
a
license
under
section
100D.5
,
21
105.22
,
147.55
,
148.6
,
148B.7
,
148H.4,
152.10
,
153.34
,
154A.24
,
22
169.13
,
455B.219
,
542.10
,
542B.21
,
543B.29
,
544A.13
,
544B.15
,
23
or
602.3203
or
chapter
151
or
155
,
as
applicable,
and
to
define
24
by
rule
acts
or
omissions
that
constitute
negligence,
careless
25
acts,
or
omissions
within
the
meaning
of
section
272C.3,
26
subsection
2
,
paragraph
“b”
,
which
licensees
are
required
to
27
report
to
the
board
pursuant
to
section
272C.9,
subsection
2
.
28
Sec.
16.
INITIAL
APPOINTMENTS.
29
1.
Notwithstanding
any
provision
to
the
contrary
in
this
30
Act,
the
initial
midwife
appointees
to
the
board
of
midwifery
31
created
pursuant
to
this
Act
shall
fulfill
the
national
32
certification
requirements
of
the
North
American
registry
of
33
midwives.
34
2.
One
of
the
initial
midwife
appointments
to
the
board
35
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453
shall
be
appointed
for
a
one-year
term,
one
shall
be
appointed
1
for
a
two-year
term,
and
one
shall
be
appointed
for
a
2
three-year
term.
The
member
who
is
licensed
under
chapter
3
148
shall
be
appointed
for
a
two-year
term,
and
the
members
4
representing
the
general
public
shall
each
be
appointed
to
a
5
three-year
term.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
creates
new
Code
chapter
148H
that
provides
for
10
the
licensure
of
midwives
beginning
July
1,
2017.
A
midwife,
11
as
defined
by
the
bill,
provides
comprehensive
maternity
care
12
to
low-risk
women
during
the
antepartum,
intrapartum,
or
13
postpartum
period.
14
The
bill
provides
for
the
establishment
of
a
seven-member
15
board
of
midwifery
consisting
of
four
members
who
are
midwives,
16
one
physician,
and
two
members
who
represent
the
general
17
public.
The
bill
provides
for
fees
to
fund
the
board
and
18
provides
penalties
for
violation
of
the
licensure
requirement;
19
those
penalties
are
set
out
for
all
health-related
boards
in
20
Code
chapters
147
and
272C.
Code
section
147.86
provides
that
21
it
is
a
serious
misdemeanor
to
violate
a
provision
of
the
22
licensing
laws.
23
The
board
is
similar
in
composition
and
responsibilities
to
24
other
health-related
licensing
boards.
25
The
bill
provides
that
a
midwife
practicing
prior
to
26
the
effective
date
of
the
bill
is
not
required
to
take
an
27
examination
for
licensure.
28
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