2007 Legislation
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SENATE BILL NO. 1145 – Midwifery voluntary license act

SENATE BILL NO. 1145

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S1145.................................................by HEALTH AND WELFARE
MIDWIFERY - Adds to and amends existing law relating to midwifery to
provide legislative purpose and intent; to define terms; to provide that
parental rights regarding delivery methods are not modified; to set forth
scope of practice; to establish the Board of Midwifery and to set forth
membership and meeting criteria; to establish a formulary committee; to
provide board powers and duties; to provide for fees; to set forth
qualifications for voluntary licensure; to provide for license standards
for applicants from other jurisdictions; to provide for investigations,
hearings and subpoenas; to provide for disciplinary action by the board; to
provide a license denial or revocation procedure; to provide enforcement
penalties; and to provide immunity.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1145
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MIDWIFERY; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW
  3        CHAPTER 13, TITLE 54, IDAHO  CODE,  TO  PROVIDE  LEGISLATIVE  PURPOSE  AND
  4        INTENT,  TO DEFINE TERMS, TO PROVIDE THAT PARENTAL RIGHTS REGARDING DELIV-
  5        ERY METHODS ARE NOT MODIFIED, TO SET FORTH SCOPE OF PRACTICE,  TO  PROVIDE
  6        FOR  DISCLOSURE AND RECORDKEEPING, TO ESTABLISH THE BOARD OF MIDWIFERY AND
  7        TO SET FORTH MEMBERSHIP AND MEETING CRITERIA,  TO  ESTABLISH  A  FORMULARY
  8        COMMITTEE, TO PROVIDE BOARD POWERS AND DUTIES, TO PROVIDE FOR FEES, TO SET
  9        FORTH QUALIFICATIONS FOR VOLUNTARY LICENSURE, TO PROVIDE FOR LICENSE STAN-
 10        DARDS  FOR  APPLICANTS FROM OTHER JURISDICTIONS, TO PROVIDE FOR INVESTIGA-
 11        TIONS, HEARINGS AND SUBPOENAS, TO PROVIDE FOR DISCIPLINARY ACTION  BY  THE
 12        BOARD,  TO  PROVIDE  A  LICENSE DENIAL OR REVOCATION PROCEDURE, TO PROVIDE
 13        ENFORCEMENT PENALTIES AND  TO  PROVIDE  IMMUNITY;  AND  AMENDING  SECTIONS
 14        67-2601 AND 67-2602, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF MID-
 15        WIFERY.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION  1.  That Title 54, Idaho Code, be, and the same is hereby amended
 18    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 19    ter 13, Title 54, Idaho Code, and to read as follows:
                                                                        
 20                                      CHAPTER 13
 21                       IDAHO MIDWIFERY VOLUNTARY LICENSURE ACT
                                                                        
 22        54-1301.  LEGISLATIVE  PURPOSE  AND  INTENT. It is the intent of the Idaho
 23    legislature that nothing in this chapter shall require a license for the prac-
 24    tice of midwifery in this state. The voluntary licensure  provisions  of  this
 25    chapter  are  intended  to enhance maternity care options for Idaho's families
 26    and to provide a mechanism for validating the qualifications of  midwives  who
 27    seek licensure.
                                                                        
 28        54-1302.  DEFINITIONS. As used in this chapter, the following  terms  have
 29    the meanings as stated:
 30        (1)  "Board"  means  the board of midwifery as created pursuant to section
 31    54-1306, Idaho Code.
 32        (2)  "Department" means the Idaho department of self-governing agencies.
 33        (3)  "Midwifery" means the practice of providing antepartum,  intrapartum,
 34    postpartum  and  well-woman  care to women and newborn infants in a variety of
 35    settings.
 36        (4)  "Midwives Alliance of North America" or  "MANA"  means  the  interna-
 37    tional professional organization established in 1982 for all midwives.
 38        (5)  "North  American  Registry  of Midwives" or "NARM" means the interna-
 39    tional certification agency that establishes and administers certification for
 40    the certified professional midwife credential.
                                                                        
                                       2
                                                                        
  1        54-1303.  PARENTAL RIGHTS. Nothing in this chapter shall abridge, limit or
  2    otherwise modify the rights of parents to choose the manner  of  delivery  for
  3    their baby.
                                                                        
  4        54-1304.  SCOPE OF PRACTICE. (1) Licensed midwives may obtain and use cer-
  5    tain  legend  drugs  and devices as are found to be a usual and normal part of
  6    safe midwifery practice by the formulary committee of the board of  midwifery.
  7    Such drugs and devices may include, but are not limited to:
  8        (a)  Newborn antibiotic eye prophylaxis;
  9        (b)  Antihemorrhagic agents used for the control of postpartum hemorrhage;
 10        (c)  Intravenous fluids for stabilization of the woman;
 11        (d)  Emergency oxygen and bag-valve mask for resuscitation;
 12        (e)  Vitamin "K" for the prevention of hemorrhagic disease of the newborn;
 13        (f)  "RhoGAM" for the prevention of Rh sensitization;
 14        (g)  Antibiotics for the treatment of group B streptococcus (GBS); and
 15        (h)  Local anesthetic for repair of lacerations and emergency episiotomy.
 16        (2)  The  licensed  midwife,  when  properly trained to do so, may cut and
 17    suture an emergency episiotomy as necessary, and may suture a first or  second
 18    degree laceration.
 19        (3)  As  determined  by the board, the licensed midwife may obtain routine
 20    antepartum and/or postpartum laboratory work and  diagnostics  including,  but
 21    not limited to, vaginal cultures, Pap smears, and ultrasound.
 22        (4)  Licensed midwives are eligible to receive third party reimbursement.
                                                                        
 23        54-1305.  DISCLOSURE  --  RECORDKEEPING. (1) A licensed midwife shall pro-
 24    vide clients with the following in a form provided by the board:
 25        (a)  Information concerning both the benefits and risks of midwifery  care
 26        in the setting of the client's choice;
 27        (b)  The licensed midwife's training and experience;
 28        (c)  Information  concerning how to obtain a copy of the rules promulgated
 29        under this chapter;
 30        (d)  The NARM job analysis and MANA essential documents;
 31        (e)  Instructions for filing complaints with the board of midwifery; and
 32        (f)  Information regarding whether or not the licensed  midwife  has  mal-
 33        practice insurance.
 34        (2)  Prior  to initiating care, the licensed midwife shall obtain a signed
 35    informed consent agreement for each client acknowledging receipt of the infor-
 36    mation specified in subsection (1) of this section. The licensed midwife shall
 37    maintain a record of the signed informed consent agreement for  a  minimum  of
 38    three (3) years. If the disclosure information changes, then the licensed mid-
 39    wife  has  a  duty to repeat the disclosure if a client obtains services after
 40    the change.
                                                                        
 41        54-1306.  BOARD OF MIDWIFERY. (1)  There  is  hereby  established  in  the
 42    department  of  self-governing  agencies, bureau of occupational licenses, the
 43    board of midwifery.
 44        (2)  The board shall consist of five (5) members, four (4) of  whom  shall
 45    be  licensed pursuant to this chapter and one (1) of whom shall be a member of
 46    the public with an interest in the rights of clients of midwifery services.
 47        (3)  One (1) member of the initial board shall be appointed for a one  (1)
 48    year  term  of  office, one (1) member of the initial board shall be appointed
 49    for a two (2) year term of office, one (1) member of the initial  board  shall
 50    be  appointed  for  a  three (3) year  term of office, one (1) member shall be
 51    appointed for a four (4) year term of office, and one (1) member of  the  ini-
 52    tial  board shall be appointed for a five (5) year term of office. Thereafter,
                                                                        
                                       3
                                                                        
  1    the term of office for each member shall be five (5) years.
  2        (4)  Appointments to the board shall be made by the governor from  nomina-
  3    tions received from the Idaho midwifery council, which shall nominate  persons
  4    qualified for each position to be filled.
  5        (5)  The  four (4) members of the board who are licensed midwives shall be
  6    licensed pursuant to this chapter, practicing within the state  of  Idaho  for
  7    the duration of their appointment and shall have been practitioners within the
  8    state  of  Idaho for a minimum of two (2) years immediately preceding appoint-
  9    ment.
 10        (6)  The initial four (4) licensed midwife members of the board  shall  be
 11    persons with at least two (2) years of experience in the practice of midwifery
 12    who  are eligible to become licensed pursuant to this chapter. In the event of
 13    death, resignation or removal of any member before the expiration of the  term
 14    to  which  appointed, the vacancy shall be filled for the unexpired portion of
 15    the term in the same manner as the original appointment.
 16        (7)  The governor may remove any member of the board for cause,  prior  to
 17    the expiration of the member's term.
 18        (8)  The   board,  within  thirty  (30) days after its appointment, and at
 19    least annually thereafter, shall hold a meeting and elect a  chairperson.  The
 20    board  may  hold  additional meetings at the call of the chairperson or at the
 21    written request of any two (2) members of the board. In addition to the formu-
 22    lary committee established in subsection (9) of this section,  the  board  may
 23    appoint  such  committees as it considers necessary to carry out its duties. A
 24    majority of the board shall constitute a quorum.
 25        (9)  The board shall establish a formulary committee to  make  recommenda-
 26    tions  to  the  board  regarding  legend drugs and devices appropriate for the
 27    practice of licensed midwives as well as recommended guidelines for the use of
 28    such drugs and devices. The committee shall consist of  five  (5)  members  as
 29    follows:
 30        (a)  Three  (3)  licensed  midwives,  provided  that the initial three (3)
 31        licensed midwife members shall be persons who, though  not  yet  licensed,
 32        have at least two (2) years of experience in the practice of midwifery and
 33        who are eligible to become licensed pursuant to this chapter, and provided
 34        further  that  one  (1)  such licensed midwife may also be a member of the
 35        board;
 36        (b)  One (1) licensed pharmacist; and
 37        (c)  One (1) licensed physician who has professional experience consulting
 38        for and collaborating with midwives.
                                                                        
 39        54-1307.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 40    ity to:
 41        (1)  Determine the qualifications of persons applying for licensure pursu-
 42    ant to this chapter and to define, by rule, the appropriate scope of  practice
 43    for  midwifery in this state, provided however, that the scope of practice may
 44    not exceed that defined in section 54-1304, Idaho Code;
 45        (2)  Adopt such rules as are necessary  for  the  administration  of  this
 46    chapter, including standards of professional conduct;
 47        (3)  Conduct investigations and examinations and hold hearings;
 48        (4)  Collect fees and other funds as prescribed by this chapter;
 49        (5)  Provide  such  other services and perform such other functions as are
 50    necessary  and desirable to fulfill its purposes; and
 51        (6)  Establish the minimum amount and type of continuing education  to  be
 52    required annually for each licensed midwife seeking licensure renewal.
                                                                        
 53        54-1308.  FEES. (1) All fees received under the provisions of this chapter
                                                                        
                                       4
                                                                        
  1    shall  be paid to the department of self-governing agencies, bureau of occupa-
  2    tional licenses, and deposited in the state treasury  to  the  credit  of  the
  3    occupational  licenses  fund. All costs and expenses incurred under the provi-
  4    sions of this chapter shall be a charge against and paid from said fund. In no
  5    case shall any salary, expense or other obligation of  the  board  be  charged
  6    against the general fund.
  7        (2)  The fee for licensure shall not exceed five hundred dollars ($500).
                                                                        
  8        54-1309.  QUALIFICATIONS  FOR  VOLUNTARY  LICENSURE. (1) To be eligible to
  9    practice as a licensed midwife in the state of Idaho, the applicant shall:
 10        (a)  Provide proof, on a form provided by the board, of current  and  con-
 11        tinued  certification  as  a certified professional midwife by NARM or any
 12        successor organization;
 13        (b)  Provide proof, on a form provided by the board, of current  and  con-
 14        tinued  adult,  infant and child CPR and neonatal resuscitation certifica-
 15        tion;
 16        (c)  Be physically and mentally capable  of  safely  practicing  midwifery
 17        with or without reasonable accommodation;
 18        (d)  Have  never  had a license to practice midwifery or other health care
 19        license, registration or certificate refused, revoked or suspended by  any
 20        other  state or country for reasons that relate to the applicant's ability
 21        to skillfully and safely practice midwifery or other health  care  profes-
 22        sion  unless that license, registration or certification has been restored
 23        to good standing by that state or country;
 24        (e)  File with the board a  board-approved  disclosure  form  stating  the
 25        degrees,  training,  experience,  credentials and the health care services
 26        the midwife is board approved to provide; and
 27        (f)  File a board-approved application and pay the licensing fees.
 28        (2)  Licensed midwives shall  not  be  required  to  maintain  malpractice
 29    insurance coverage.
                                                                        
 30        54-1310.  LICENSE  STANDARDS  FOR OTHER JURISDICTION APPLICANTS. The board
 31    shall establish by rule the standards for licensure of applicants licensed  in
 32    another  jurisdiction.  However,  the  standards  for endorsement of licensure
 33    shall not be less than those required for licensure in the state of Idaho.
                                                                        
 34        54-1311.  INVESTIGATION -- HEARING -- SUBPOENA. (1)  The  board  shall  be
 35    empowered  to investigate, or cause to be investigated, all complaints regard-
 36    ing any conduct prohibited by this chapter.
 37        (2)  The board may conduct hearings  to  assist  with  investigations,  to
 38    determine  whether  grounds  exist  for  suspension, revocation or denial of a
 39    license or to fulfill its responsibilities under this  chapter  as  the  board
 40    determines necessary.
 41        (3)  The  board may subpoena witnesses, administer oaths in any hearing or
 42    disciplinary proceeding and compel, by subpoena duces tecum, the production of
 43    papers and records.
                                                                        
 44        54-1312.  DISCIPLINARY ACTION. The board may suspend, revoke or refuse  to
 45    issue or renew a license on any of the following grounds:
 46        (1)  The  employment  of  fraud,  misrepresentation  or the concealment of
 47    material facts in obtaining a license under this chapter or in connection with
 48    services rendered as a licensed midwife;
 49        (2)  A legal finding of mental incompetence;
 50        (3)  Aiding or abetting a person, not duly licensed under this chapter, in
 51    claiming to be a licensed midwife;
                                                                        
                                       5
                                                                        
  1        (4)  Any negligence, incompetence or misconduct in the performance of mid-
  2    wifery;
  3        (5)  Conviction of any crime involving moral turpitude or the entering  of
  4    a plea of guilty or the finding of guilt by a jury or court of a commission of
  5    a felony or a crime involving moral turpitude;
  6        (6)  Practicing  as  a  licensed midwife when physical or mental abilities
  7    are impaired by the use of controlled substances or other drugs, chemicals  or
  8    alcohol;
  9        (7)  Failure  of  the midwife to maintain his or her professional premises
 10    in a clean and sanitary condition;
 11        (8)  Any other good cause, relevant to qualifications  to  practice  as  a
 12    licensed  midwife.  The  board  may  not suspend, revoke or refuse to issue or
 13    renew a license based on the findings that a licensee's practice is  unconven-
 14    tional  in  the  absence of demonstrable harm to a patient and the patient has
 15    signed a waiver to the effect that  the  treatment  or  device  is  considered
 16    unconventional.
                                                                        
 17        54-1313.  LICENSE  DENIAL OR REVOCATION PROCEDURE. When the board proposes
 18    to refuse to issue or renew a license, or proposes  to  revoke  or  suspend  a
 19    license,  opportunity  for  a  hearing  shall be pursuant to the provisions of
 20    chapter 52, title 67, Idaho Code.
                                                                        
 21        54-1314.  ENFORCEMENT PENALTIES. (1) Every person who knowingly holds him-
 22    self or herself out as a licensed midwife in this state without such licensure
 23    is guilty of a misdemeanor. A person  convicted  of  a  second  or  subsequent
 24    offense  shall  be  guilty  of  a  felony and shall be imprisoned in the state
 25    prison for a period not to exceed five (5) years, or shall be fined  not  more
 26    than ten thousand dollars ($10,000) or shall be punished by both such fine and
 27    imprisonment.
 28        (2)  Provided  the board determines in good faith that a person is holding
 29    himself or herself out as a licensed midwife in violation of this chapter, the
 30    board may seek an injunction, provided it has given thirty  (30)  days'  prior
 31    written notice to cease and desist against any person who does not comply with
 32    such  notice  and  who  holds  himself or herself out as a licensed midwife in
 33    violation of this chapter and may, in the  event  a  permanent  injunction  is
 34    entered against such person, be entitled to all costs and fees incurred by the
 35    board in seeking the injunction.
                                                                        
 36        54-1315.  IMMUNITY.  No licensed health care provider or facility shall be
 37    liable for any injury resulting from an act or omission by a licensed midwife,
 38    even if the health care provider or facility has consulted with or accepted  a
 39    referral from the licensed midwife.
                                                                        
 40        SECTION  2.  That  Section 67-2601, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        67-2601.  DEPARTMENT CREATED -- ORGANIZATION  --  DIRECTOR  --  BUREAU  OF
 43    OCCUPATIONAL  LICENSES  CREATED. (1) There is hereby created the department of
 44    self-governing agencies. The department shall, for the purposes of section 20,
 45    article IV of the constitution of the state of Idaho, be an executive  depart-
 46    ment of the state government.
 47        (2)  The department shall consist of the following:
 48        (a)  Agricultural  commodity  commissions: Idaho apple commission, as pro-
 49        vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as  pro-
 50        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
                                                                        
                                       6
                                                                        
  1        by  chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
  2        by chapter 37, title 22, Idaho Code; Idaho dairy products  commission,  as
  3        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
  4        sion,  as  provided by chapter 35, title 22, Idaho Code; Idaho potato com-
  5        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
  6        mission, as provided by chapter 30, title 22, Idaho Code; the Idaho  wheat
  7        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
  8        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
  9        (b)  Professional  and occupational licensing boards: Idaho state board of
 10        certified public accountancy, as provided by chapter 2,  title  54,  Idaho
 11        Code;  board  of  acupuncture,  as provided by chapter 47, title 54, Idaho
 12        Code; board of architectural examiners, as provided by  chapter  3,  title
 13        54,  Idaho  Code;  office  of  the state athletic director, as provided by
 14        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 15        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 16        bar, as provided by chapter 4, title 3, Idaho Code; board of  chiropractic
 17        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 18        cosmetology,  as  provided by chapter 8, title 54, Idaho Code; Idaho coun-
 19        selor licensing board, as provided by chapter 34, title  54,  Idaho  Code;
 20        state  board of dentistry, as provided by chapter 9, title 54, Idaho Code;
 21        state board of denturitry, as provided by  chapter  33,  title  54,  Idaho
 22        Code;  state  board  of  engineering examiners, as provided by chapter 12,
 23        title 54, Idaho Code; state board for registration of professional  geolo-
 24        gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
 25        services licensure board, as provided by chapter 29, title 54, Idaho Code;
 26        Idaho  physical  therapy licensure board, as provided by chapter 22, title
 27        54, Idaho Code; Idaho state board of landscape architects, as provided  by
 28        chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as
 29        provided  by chapter 53, title 54, Idaho Code; state board of medicine, as
 30        provided by chapter 18, title 54, Idaho Code; state board  of  morticians,
 31        as  provided  by  chapter  11, title 54, Idaho Code; board of naturopathic
 32        medical examiners, as provided by chapter 51, title 54, Idaho Code;  board
 33        of  midwifery,  as  provided by chapter 13, title 54, Idaho Code; board of
 34        nurses, as provided by chapter 14, title 54, Idaho Code; board of  examin-
 35        ers  of  nursing home administrators, as provided by chapter 16, title 54,
 36        Idaho Code; state board of optometry, as provided by chapter 15, title 54,
 37        Idaho Code; Idaho outfitters and guides board, as provided by chapter  21,
 38        title  36, Idaho Code; board of pharmacy, as provided by chapter 17, title
 39        54, Idaho Code; state board of podiatry, as provided by chapter  6,  title
 40        54,  Idaho  Code; Idaho state board of psychologist examiners, as provided
 41        by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro-
 42        vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as
 43        provided by chapter 41, title 54, Idaho Code; board of social work examin-
 44        ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri-
 45        nary  medicine, as provided by chapter 21, title 54, Idaho Code; the board
 46        of examiners of residential care facility administrators, as  provided  by
 47        chapter  42,  title  54,  Idaho  Code; and the board of drinking water and
 48        wastewater professionals, as provided by chapter 24, title 54, Idaho Code.
 49        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
 50        (d)  The division of building safety, to be headed by a division  adminis-
 51        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
 52        public works contractor licensing, and logging and industrial safety.  The
 53        division  administrator,  deputy administrators and bureau chiefs shall be
 54        nonclassified employees exempt from the provisions of  chapter  53,  title
 55        67, Idaho Code.
                                                                        
                                       7
                                                                        
  1             (i)   The  administrator  of the division shall administer the provi-
  2             sions of chapter 40, title 39, Idaho Code, relating  to  manufactured
  3             homes;  chapter  41, title 39, Idaho Code, relating to modular build-
  4             ings; chapter 21, title 44, Idaho Code, relating to manufactured home
  5             dealer and installer licensing; chapter 22,  title  44,  Idaho  Code,
  6             relating  to  manufactured  home  installation; chapter 25, title 44,
  7             Idaho Code, relating to mobile home rehabilitation; chapter 10, title
  8             54, Idaho Code, relating to electrical  contractors  and  journeymen;
  9             chapter  19,  title  54,  Idaho Code, relating to licensing of public
 10             works contractors; chapter 26, title  54,  Idaho  Code,  relating  to
 11             plumbing  and plumbers; chapter 19, title 54, Idaho Code, relating to
 12             public works contractor licensing; chapter 50, title 54, Idaho  Code,
 13             relating  to  heating,  ventilation and air conditioning systems; and
 14             shall perform such additional duties as are imposed upon him by law.
 15             (ii)  The division administrator shall cooperate with the  industrial
 16             commission and aid and assist the commission in its administration of
 17             sections 72-720, 72-721 and 72-723, Idaho Code, and at the request of
 18             the commission shall make inspection of appliances, tools, equipment,
 19             machinery,  practices or conditions, and make a written report to the
 20             commission. The administrator shall make recommendations to the  com-
 21             mission  to  aid  the  commission  in  its administration of sections
 22             72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing
 23             herein shall be construed as transferring to the administrator any of
 24             the authority or powers now vested in the industrial commission.
 25        (e)  The division of veterans services to be headed by a division adminis-
 26        trator who shall be a nonclassified employee exempt from the provisions of
 27        chapter 53, title 67, Idaho Code. The administrator of the division  shall
 28        administer  the provisions of chapter 2, title 65, Idaho Code, and chapter
 29        9, title 66, Idaho Code, with the advice of the veterans  affairs  commis-
 30        sion  established under chapter 2, title 65, Idaho Code, and shall perform
 31        such additional duties as are imposed upon him by law.
 32        (3)  The bureau of occupational licenses  is  hereby  created  within  the
 33    department of self-governing agencies.
                                                                        
 34        SECTION  3.  That  Section 67-2602, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        67-2602.  BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of  occupational
 37    licenses  created  in  the  department  of  self-governing agencies by section
 38    67-2601, Idaho Code, shall be empowered,  by  written  agreement  between  the
 39    bureau  and each agency for which it provides administrative or other services
 40    as provided by law, to provide such services  for the  board  of  acupuncture,
 41    board  of  architectural examiners, board of barber examiners, board of chiro-
 42    practic physicians, board of cosmetology,  counselor  licensing  board,  state
 43    board  of  denturitry,  speech  and hearing services licensure board, physical
 44    therapy licensure board, board of landscape  architects,  liquefied  petroleum
 45    gas   safety  board,  board  of  midwifery,  board  of  morticians,  board  of
 46    naturopathic medical examiners, board of examiners of nursing home administra-
 47    tors, board of optometry, board of podiatrists, board of psychologist  examin-
 48    ers,  real  estate  appraiser  board,  board  of examiners of residential care
 49    facility administrators, board of social work examiners, and such  other  pro-
 50    fessional  and  occupational  licensing boards or commodity commissions as may
 51    request such services. The bureau may charge a reasonable fee  for  such  ser-
 52    vices provided any agency not otherwise provided for by law and shall maintain
 53    proper accounting methods for all funds under its jurisdiction.
                                                                        
                                       8
                                                                        
  1        (2)  Notwithstanding the statutes governing specific boards, for any board
  2    that  contracts  with  the  bureau of occupational licenses, each board member
  3    shall hold office until a successor has been duly appointed and qualified.
  4        (3)  The department of self-governing agencies, by and through the  bureau
  5    of  occupational  licenses,  shall  be  empowered to provide administrative or
  6    other services for the administration of chapter 48, title 54, Idaho Code,  to
  7    issue,  suspend, revoke or refuse to renew licenses and certificates, to issue
  8    subpoenas, to prescribe and impose fees and to assess administrative penalties
  9    pursuant to the provisions of chapter 48, title 54, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 16879
                               
The purpose of this bill is to establish a framework for voluntary
licensure of midwives in Idaho. The voluntary licensure provisions of
this bill are intended to enhance maternity care options for Idaho s
families and to provide a mechanism for validating the qualifications
of midwives who seek this voluntary licensure.

                         FISCAL IMPACT
                               
The legislation allows for license fees up to $ 500.00 per midwife. It
is estimated that initially 25 to 30 midwives might participate and at
the $ 500.00 fee that should adequately cover the costs of
establishing the Board and administration of the program at the Bureau
of Occupational Licenses.

Contact

Name:   Idaho Midwifery Council Barbara Rawlings, President
Phone:  208 267 0936

Sen. Shawn Keough
Sen. McKague
Sen. Henrich

Rep. Ken Roberts
Rep. Dick Harwood
Rep. Marge Chadderdon
Rep. JoAn Wood
Rep. Paul Shepherd

208 332 1000

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1145