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H0488aa...............................................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 licensed practice; to provide for disclosure and recordkeeping; to establish the Board of Midwifery; to set forth board membership, meeting criteria and duties; to provide board powers and additional duties; to provide for fees; to provide for licensure annual renewal and licensure expiration; to establish qualifications for voluntary licensure; to provide for license standards for applicants from other jurisdictions; to provide for investigations, hearings and subpoenas; to set forth terms of unlawful conduct; to set forth terms of unprofessional conduct; to provide for disciplinary action; to provide a license denial or revocation procedure; to provide enforcement penalties; and to provide that parental rights regarding delivery methods are not modified. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Health/Wel 03/03 Rpt out - to Gen Ord 03/04 Rpt out amen - to engros 03/05 Rpt engros - 1st rdg - to 2nd rdg as amen 03/06 2nd rdg - to 3rd rdg as amen 03/11 Ret'd to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 488 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 PROVIDE FOR DISCLOSURE AND RECORDKEEPING, 6 TO ESTABLISH THE BOARD OF MIDWIFERY AND TO SET FORTH MEMBERSHIP AND MEET- 7 ING CRITERIA AND DUTIES, TO PROVIDE BOARD POWERS AND ADDITIONAL DUTIES, TO 8 PROVIDE FOR FEES, TO PROVIDE FOR LICENSURE ANNUAL RENEWAL AND LICENSURE 9 EXPIRATION, TO ESTABLISH QUALIFICATIONS FOR VOLUNTARY LICENSURE, TO PRO- 10 VIDE FOR LICENSE STANDARDS FOR APPLICANTS FROM OTHER JURISDICTIONS, TO 11 PROVIDE FOR INVESTIGATIONS, HEARINGS AND SUBPOENAS, TO SET FORTH TERMS OF 12 UNLAWFUL CONDUCT, TO SET FORTH TERMS OF UNPROFESSIONAL CONDUCT, TO PROVIDE 13 FOR DISCIPLINARY ACTION, TO PROVIDE A LICENSE DENIAL OR REVOCATION PROCE- 14 DURE AND TO PROVIDE ENFORCEMENT PENALTIES; AMENDING SECTION 67-2601, IDAHO 15 CODE, TO PROVIDE REFERENCE TO THE BOARD OF MIDWIFERY AND TO MAKE TECHNICAL 16 CORRECTIONS; AND AMENDING SECTION 67-2602, IDAHO CODE, TO PROVIDE REFER- 17 ENCE TO THE BOARD OF MIDWIFERY. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 20 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 21 ter 13, Title 54, Idaho Code, and to read as follows: 22 CHAPTER 13 23 IDAHO MIDWIFERY VOLUNTARY LICENSURE ACT 24 54-1301. LEGISLATIVE PURPOSE AND INTENT. It is the intent of the Idaho 25 legislature that nothing in this chapter shall require a license for the prac- 26 tice of midwifery in this state. The voluntary licensure provisions of 27 this chapter are intended to enhance maternity care options for Idaho's fam- 28 ilies and to provide a mechanism for validating the qualifications of midwives 29 who seek licensure. 30 54-1302. DEFINITIONS. As used in this chapter, the following terms have 31 the meanings as stated: 32 (1) "Board" means the board of midwifery as created in section 54-1305, 33 Idaho Code. 34 (2) "Bureau" means the state bureau of occupational licenses. 35 (3) "Certified nurse midwife" means a registered nurse who is also certi- 36 fied. A certified nurse midwife must graduate from a nurse-midwifery program 37 accredited by the American college of nurse midwives, and pass a national cer- 38 tification exam. 39 (4) "Certified professional midwife" means a person who is certified by 40 the North American registry for midwives or any successor organization. 41 (5) "Client" means a woman, under the care of a licensed direct entry 2 1 midwife or a direct entry midwife, and her fetus or newborn. 2 (6) "Department" means the Idaho department of self-governing agencies. 3 (7) "Direct entry midwife" means an individual who is engaging in the 4 unlicensed practice of midwifery. 5 (8) "Idaho midwifery council" is a voluntary professional organization 6 representing midwives in Idaho. 7 (9) "Idahoans for midwives" is a volunteer consumer organization located 8 in this state that promotes midwifery care in Idaho. 9 (10) "Licensed direct entry midwife" means a person voluntarily licensed 10 under this chapter. 11 (11) "Midwives alliance of North America" or "MANA," means the interna- 12 tional professional organization established in 1982 for all midwives. "MANA 13 essential documents" means those documents adopted by MANA reflecting core 14 competencies for basic midwifery practice, standards and skills for the art 15 and practice of midwifery and values and ethics. 16 (12) "National association of certified professional midwives" or "NACPM," 17 means the national organization for certified professional midwives. "NACPM 18 essential documents" means those documents adopted by NACPM identifying the 19 nature of responsible midwifery practice and includes the documents entitled: 20 "NACPM philosophy," "NACPM scope of practice," and "standards for NACPM prac- 21 tice." 22 (13) "North American registry of midwives" or "NARM," means the interna- 23 tional certification agency that establishes and administers certification for 24 the certified professional midwife credential. The "NARM job analysis" means 25 the NARM document, based on national surveys of certified professional mid- 26 wives, reflecting tasks and responsibilities of practicing midwives. 27 (14) "Practice of licensed direct entry midwifery" means the practice of 28 providing the necessary supervision, care and advice to a client during preg- 29 nancy, labor, delivery, postpartum and newborn periods that are consistent 30 with national professional midwifery standards and that is based upon the 31 acquisition of clinical skills necessary for the care of pregnant women and 32 newborns, including antepartum, intrapartum, postpartum, newborn and limited 33 interconceptual care and includes: 34 (a) Obtaining an informed consent to provide services; 35 (b) Obtaining a health history, including a physical examination; 36 (c) Developing a plan of care for a client; 37 (d) Evaluating the results of client care; 38 (e) Consulting and collaborating with and referring and transferring care 39 to licensed health care professionals, as is appropriate, regarding the 40 care of a client; 41 (f) Obtaining medications to administer to clients, including: 42 (i) Rho(D) immunoglobulin for the prevention of Rh sensitization; 43 (ii) Antihemorrhagic agents used for the control of postpartum 44 hemorrhage; 45 (iii) Emergency oxygen and bag-valve mask for resuscitation; 46 (iv) Local anesthetics; 47 (v) Vitamin K to prevent hemorrhagic disease of the newborn; 48 (vi) Eye prophylaxis as required by law; 49 (vii) Intravenous fluids for the stabilization of the client; 50 (viii) Antibiotics for the treatment of group B streptococcus (GBS); 51 and 52 (ix) Any other medication approved by a licensed health care pro- 53 vider with authority to prescribe that medication; 54 (g) Obtaining and using appropriate equipment and devices such as 55 Doppler, blood pressure cuffs, phlebotomy supplies, instruments and 3 1 sutures; 2 (h) Obtaining appropriate screening and testing, including laboratory 3 tests, urinalysis and ultrasound; 4 (i) Managing the antepartum period; 5 (j) Managing the intrapartum period, including: 6 (i) Monitoring and evaluating the condition of mother and fetus; 7 (ii) Performing emergency episiotomy; and 8 (iii) Delivering in any out-of-hospital setting; 9 (k) Managing the postpartum period including suturing of episiotomy or 10 first and second degree natural perineal and labial lacerations, including 11 the administration of a local anesthetic; 12 (l) Managing the newborn period including: 13 (i) Providing care for the newborn, including performing a normal 14 newborn examination; and 15 (ii) Resuscitating a newborn when necessary; and 16 (iii) Performing the newborn screening; 17 (m) Providing limited interconceptual services in order to provide conti- 18 nuity of care, including: 19 (i) Breastfeeding support and counseling; 20 (ii) Breast exams and teaching self-breast exam; and 21 (iii) Pap smears, where all clients with abnormal results are to be 22 referred to an appropriate licensed health care provider; 23 (n) Executing the orders of a licensed health care professional, only 24 within the education, knowledge and skill of the licensed direct entry 25 midwife. 26 54-1303. PARENTAL RIGHTS. Nothing in this chapter shall abridge, limit or 27 otherwise modify the rights of parents to choose the manner of delivery for 28 their baby. 29 54-1304. DISCLOSURE -- RECORDKEEPING. (1) A licensed direct entry midwife 30 shall provide clients with the following in a form provided by the board: 31 (a) Information concerning both the benefits and risks of midwifery care 32 in the setting of the client's choice; 33 (b) The licensed direct entry midwife's training and experience; 34 (c) Information concerning how to obtain a copy of the rules promulgated 35 under this chapter; 36 (d) The NARM job analysis and MANA essential documents; 37 (e) Instructions for filing complaints with the board of midwifery; and 38 (f) Information regarding whether or not the licensed direct entry mid- 39 wife has malpractice insurance. 40 (2) Prior to initiating care, the licensed direct entry midwife shall 41 obtain a signed informed consent agreement for each client acknowledging 42 receipt of the information specified in subsection (1) of this section. The 43 licensed direct entry midwife shall maintain a record of the signed informed 44 consent agreement for a minimum of three (3) years. If the disclosure informa- 45 tion changes, the licensed direct entry midwife has a duty to repeat the dis- 46 closure to a client if such client obtains services after the change. 47 54-1305. BOARD OF MIDWIFERY -- DUTIES. (1) There is hereby established in 48 the department of self-governing agencies, bureau of occupational licenses, 49 the board of midwifery. 50 (2) The board shall consist of five (5) members, three (3) of whom shall 51 be licensed pursuant to this chapter, one (1) of whom shall be a licensed phy- 52 sician with professional experience consulting for and/or collaborating with 4 1 direct entry midwives, and one (1) of whom shall be a member of the public 2 with an interest in the rights of clients of midwifery services. 3 (3) One (1) member of the initial board shall be appointed for a one (1) 4 year term of office, one (1) member of the initial board shall be appointed 5 for a two (2) year term of office, one (1) member of the initial board shall 6 be appointed for a three (3) year term of office, one (1) member shall be 7 appointed for a four (4) year term of office, and one (1) member of the ini- 8 tial board shall be appointed for a five (5) year term of office. Thereafter, 9 the term of office for each member shall be five (5) years. 10 (4) Appointments to the board shall be made by the governor from nomina- 11 tions received from the Idaho midwifery council and Idahoans for midwives, 12 which shall nominate persons qualified for each position to be filled. 13 (5) The three (3) members of the board who are licensed direct entry mid- 14 wives shall be licensed pursuant to this chapter, practicing within the state 15 of Idaho for the duration of their appointment and shall have been practitio- 16 ners within the state of Idaho for a minimum of two (2) years immediately pre- 17 ceding appointment. 18 (6) The initial three (3) licensed direct entry midwife members of the 19 board shall be persons with at least two (2) years of experience in the prac- 20 tice of midwifery who are eligible to become licensed pursuant to this chap- 21 ter. In the event of death, resignation or removal of any member before the 22 expiration of the term to which appointed, the vacancy shall be filled for 23 the unexpired portion of the term in the same manner as the original appoint- 24 ment. 25 (7) The governor may remove any member of the board for cause prior to 26 the expiration of the member's term. 27 (8) The board, within thirty (30) days after its appointment, shall 28 hold its initial meeting and elect a chairperson. The board shall meet at 29 least annually thereafter, and may hold additional meetings at the call of the 30 chairperson or at the written request of any two (2) members of the board. In 31 addition to the formulary committee established in subsection (9) of this sec- 32 tion, the board may appoint such committees as it considers necessary to carry 33 out its duties. A majority of the board shall constitute a quorum. 34 (9) The board shall establish a formulary committee to make recommenda- 35 tions to the board regarding which legend drugs and devices, in addition to 36 those provided for in section 54-1302, Idaho Code, are appropriate for the 37 practice of licensed direct entry midwives as well as recommended guidelines 38 for the use of such drugs and devices. The committee shall consist of five (5) 39 members as follows: 40 (a) Two (2) licensed direct entry midwives, provided that the initial two 41 (2) licensed direct entry midwife members shall be persons who, though not 42 necessarily licensed pursuant to this chapter at the time of appointment 43 to the formulary committee, have at least two (2) years of experience in 44 the practice of midwifery and who are eligible to become licensed pursuant 45 to this chapter, and provided further that one (1) such licensed direct 46 entry midwife may also be a member of the board; 47 (b) One (1) licensed pharmacist; 48 (c) One (1) licensed physician who has professional experience consulting 49 for and/or collaborating with direct entry midwives; and 50 (d) One (1) certified nurse midwife who has professional experience con- 51 sulting for and/or collaborating with direct entry midwives. 52 54-1306. BOARD -- POWERS AND ADDITIONAL DUTIES. The board shall have the 53 authority to: 54 (1) Determine the qualifications of persons applying for licensure pursu- 5 1 ant to this chapter and to define, by rule, the appropriate scope of practice 2 for midwifery in this state, as defined by the NACPM essential documents; 3 (2) Adopt such rules as are necessary for the administration of this 4 chapter, including standards of professional conduct; 5 (3) Conduct investigations and examinations and hold hearings; 6 (4) Collect fees and other moneys as prescribed by this chapter; 7 (5) Provide such other services and perform such other functions as are 8 necessary and desirable to fulfill its purposes; and 9 (6) Establish the minimum amount and type of continuing education to be 10 required annually for each licensed direct entry midwife seeking licensure 11 renewal. 12 54-1307. FEES. (1) All fees received under the provisions of this chap- 13 ter shall be paid to the department of self-governing agencies, bureau of 14 occupational licenses, and deposited in the state treasury to the credit of 15 the occupational licenses fund. All costs and expenses incurred under the 16 provisions of this chapter shall be a charge against and paid from said fund. 17 In no case shall any salary, expense or other obligation of the board be 18 charged against the general fund. 19 (2) The fee for licensure shall not exceed five hundred dollars ($500). 20 54-1308. EXPIRATION AND RENEWAL -- REINSTATEMENT. All voluntary licenses 21 issued under the provisions of this chapter shall be subject to annual renewal 22 and shall expire unless renewed in the manner prescribed by the board regard- 23 ing applications for renewal, continuing education and fees. License renewal 24 and reinstatement shall be in accordance with section 67-2614, Idaho Code. 25 54-1309. QUALIFICATIONS FOR VOLUNTARY LICENSURE. To be eligible to prac- 26 tice as a licensed direct entry midwife in the state of Idaho, the applicant 27 shall: 28 (1) Provide proof, on a form provided by the board, of current and con- 29 tinued certification as a certified professional midwife by NARM or any suc- 30 cessor organization; 31 (2) Provide proof, on a form provided by the board, of current and con- 32 tinued adult, infant and child CPR and neonatal resuscitation certification; 33 (3) Be physically and mentally capable of safely practicing midwifery 34 with or without reasonable accommodation; 35 (4) Have never had a license to practice midwifery or other health care 36 license, registration or certificate refused, revoked or suspended by any 37 other state or country for reasons that relate to the applicant's ability to 38 skillfully and safely practice midwifery or other health care profession 39 unless that license, registration or certification has been restored to good 40 standing by that state or country; 41 (5) File with the board a board approved disclosure form stating the 42 degrees, training, experience, credentials and the health care services the 43 applicant provides; 44 (6) File a board approved application for licensure and pay the required 45 licensing fees; 46 (7) Provide documentation of successful completion of board approved 47 courses in pharmacology and shock/IV therapy. 48 54-1310. LICENSE STANDARDS FOR OTHER JURISDICTION APPLICANTS. The board 49 shall establish by rule the standards for licensure of applicants licensed in 50 another jurisdiction. However, the standards for endorsement of licensure 51 shall not be less than those required for licensure in the state of Idaho. 6 1 54-1311. INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall be 2 empowered to investigate, or cause to be investigated, all complaints regard- 3 ing any conduct prohibited by this chapter. 4 (2) The board may conduct hearings to assist with investigations, to 5 determine whether grounds exist for suspension, revocation or denial of a 6 license or to fulfill its responsibilities under this chapter as the board 7 determines necessary. 8 (3) The board may subpoena witnesses, administer oaths in any hearing or 9 disciplinary proceeding and compel, by subpoena duces tecum, the production of 10 papers and records. 11 54-1312. UNLAWFUL CONDUCT. Unlawful conduct includes: 12 (1) (a) Representing or holding oneself out as a licensed direct entry 13 midwife when not licensed under this chapter; 14 (b) Using prescription medications, except oxygen, while engaged in the 15 practice of direct entry midwifery, when not licensed under this chapter. 16 (2) Except as provided in subsections (1)(a) and (1)(b) of this section, 17 it is lawful to practice direct entry midwifery in this state without being 18 licensed under this chapter. 19 (3) The practice of direct entry midwifery is not considered the practice 20 of medicine, nursing or nurse midwifery. 21 54-1313. UNPROFESSIONAL CONDUCT. Unprofessional conduct includes: 22 (1) Disregard for a patient's dignity or right to privacy as to her per- 23 son, condition, possessions or medical record; 24 (2) Failure to obtain informed consent as required; 25 (3) Submitting a birth certificate known by the person to be false or 26 fraudulent; 27 (4) Failure to file or record any medical report as required by law, 28 impeding or obstructing the filing or recording of such a report, or inducing 29 another to fail to file or record such a report; 30 (5) Breach of a statutory, common law, regulatory or ethical requirement 31 of confidentiality with respect to a person who is a patient, unless ordered 32 by a court of law; or 33 (6) Failure to pay a penalty imposed by the board. 34 54-1314. DISCIPLINARY ACTION. The board may suspend, revoke or refuse to 35 issue or renew a license on any of the following grounds: 36 (1) The employment of fraud, misrepresentation or the concealment of 37 material facts in obtaining a license under this chapter or in connection with 38 services rendered as a licensed direct entry midwife; 39 (2) A legal finding of mental incompetence; 40 (3) Aiding or abetting a person, not duly licensed under this chapter, in 41 claiming to be a licensed direct entry midwife; 42 (4) Any negligence, incompetence or misconduct in the performance of mid- 43 wifery; 44 (5) Conviction of any crime involving moral turpitude or the entering of 45 a plea of guilty or the finding of guilt by a jury or court of competent 46 jurisdiction of a commission of a felony or a crime involving moral turpitude; 47 (6) Practicing as a licensed direct entry midwife when such licensee's 48 physical or mental abilities are impaired by the use of controlled substances 49 or other drugs, chemicals or alcohol; 50 (7) Failure of the licensed direct entry midwife to maintain his or her 51 professional premises in a clean and sanitary condition; or 52 (8) For violation of any of the provisions of this chapter or the rules 7 1 made and promulgated by the state board of midwifery as authorized in this 2 chapter. 3 54-1315. LICENSE DENIAL OR REVOCATION PROCEDURE. (1) Any person whose 4 license to practice midwifery has been suspended, revoked or restricted pursu- 5 ant to this chapter by action of the board or whose application for licensure 6 has been denied by action of the board, shall have the right, at reasonable 7 intervals, to petition the board for reinstatement of such license. Such 8 petition shall be made in writing and in the form prescribed by the board. 9 Upon investigation and hearing, the board may in its discretion grant or deny 10 such petition, or it may modify its original finding to reflect any circum- 11 stances which have changed sufficiently to warrant such modifications. 12 (2) Nothing herein shall be construed as barring criminal prosecutions 13 for violations of this chapter where such violations are deemed criminal 14 offenses in other statutes of this state or of the United States. 15 (3) All final decisions by the board shall be subject to judicial review 16 pursuant to the provisions of chapter 52, title 67, Idaho Code. 17 54-1316. ENFORCEMENT PENALTIES. (1) Any person who knowingly holds him- 18 self or herself out as a licensed direct entry midwife in this state without 19 such licensure is guilty of a misdemeanor. A person convicted of a second or 20 subsequent offense under this section shall be guilty of a felony and shall be 21 imprisoned in the state prison for a period not to exceed five (5) years, or 22 shall be fined not more than ten thousand dollars ($10,000), or shall be pun- 23 ished by both such fine and imprisonment. 24 (2) Provided the board determines in good faith that a person is holding 25 himself or herself out as a licensed direct entry midwife in violation of this 26 chapter, the board may seek an injunction, provided it has given thirty (30) 27 days' prior written notice to cease and desist against any person who does not 28 comply with such notice and who holds himself or herself out as a licensed 29 direct entry midwife in violation of this chapter and may, in the event a per- 30 manent injunction is entered against such person, be entitled to all costs and 31 fees incurred by the board in seeking the injunction. 32 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 35 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 36 self-governing agencies. The department shall, for the purposes of section 37 20, article IV of the constitution of the state of Idaho, be an executive 38 department of the state government. 39 (2) The department shall consist of the following: 40 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 41 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 42 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 43 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 44 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 45 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 46 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 47 mission, as provided by chapter 12, title 22, Idaho Code; the Idaho wheat 48 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho 49 aquaculture commission, as provided by chapter 44, title 22, Idaho Code. 50 (b) Professional and occupational licensing boards: Idaho state board of 51 certified public accountancy, as provided by chapter 2, title 54, Idaho 8 1 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 2 Code; board of architectural examiners, as provided by chapter 3, title 3 54, Idaho Code; office of the state athletic director, as provided by 4 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 5 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 6 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 7 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 8 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 9 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 10 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 11 state board of denturitry, as provided by chapter 33, title 54, Idaho 12 Code; state board of engineering examiners, as provided by chapter 12, 13 title 54, Idaho Code; state board for registration of professional geolo- 14 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing 15 services licensure board, as provided by chapter 29, title 54, Idaho Code; 16 Idaho physical therapy licensure board, as provided by chapter 22, title 17 54, Idaho Code; Idaho state board of landscape architects, as provided by 18 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as 19 provided by chapter 53, title 54, Idaho Code; state board of medicine, as 20 provided by chapter 18, title 54, Idaho Code; state board of morticians, 21 as provided by chapter 11, title 54, Idaho Code; board of naturopathic 22 medical examiners, as provided by chapter 51, title 54, Idaho Code; board 23 of midwifery, as provided by chapter 13, title 54, Idaho Code; board of 24 nurses, as provided by chapter 14, title 54, Idaho Code; board of examin- 25 ers of nursing home administrators, as provided by chapter 16, title 54, 26 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 27 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 28 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 29 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 30 54, Idaho Code; Idaho state board of psychologist examiners, as provided 31 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 32 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 33 provided by chapter 41, title 54, Idaho Code; board of social work examin- 34 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 35 nary medicine, as provided by chapter 21, title 54, Idaho Code; the board 36 of examiners of residential care facility administrators, as provided by 37 chapter 42, title 54, Idaho Code; and the board of drinking water and 38 wastewater professionals, as provided by chapter 24, title 54, Idaho Code. 39 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 40 (d) The division of building safety: building code board, chapter 41, 41 title 39, Idaho Code; manufactured home advisory board, chapter 21, title 42 44, Idaho Code; electrical board, chapter 10, title 54, Idaho Code; public 43 works contractors board, chapter 19, title 54, Idaho Code; plumbing board, 44 chapter 26, title 54, Idaho Code; public works construction management, 45 chapter 45, title 54, Idaho Code;andthe heating, ventilation and air 46 conditioning board, chapter 50, title 54, Idaho Code;the Idaho building47code act;and modular buildings, chapter 43, title 39, Idaho Code, relat-48ing to. 49 (e) The division of veterans services to be headed by a division adminis- 50 trator who shall be a nonclassified employee exempt from the provisions of 51 chapter 53, title 67, Idaho Code. The administrator of the division shall 52 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 53 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 54 sion established under chapter 2, title 65, Idaho Code, and shall perform 55 such additional duties as are imposed upon him by law. 9 1 (3) The bureau of occupational licenses is hereby created within the 2 department of self-governing agencies. 3 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational 6 licenses created in the department of self-governing agencies by section 7 67-2601, Idaho Code, shall be empowered, by written agreement between the 8 bureau and each agency for which it provides administrative or other services 9 as provided by law, to provide such services for the board of acupuncture, 10 board of architectural examiners, board of barber examiners, board of chiro- 11 practic physicians, board of cosmetology, counselor licensing board, state 12 board of denturitry, speech and hearing services licensure board, physical 13 therapy licensure board, board of landscape architects, liquefied petroleum 14 gas safety board, board of midwifery, board of morticians, board of 15 naturopathic medical examiners, board of examiners of nursing home administra- 16 tors, board of optometry, board of podiatrists, board of psychologist examin- 17 ers, real estate appraiser board, board of examiners of residential care 18 facility administrators, board of social work examiners, and such other pro- 19 fessional and occupational licensing boards or commodity commissions as may 20 request such services. The bureau may charge a reasonable fee for such ser- 21 vices provided any agency not otherwise provided for by law and shall maintain 22 proper accounting methods for all funds under its jurisdiction. 23 (2) Notwithstanding the statutes governing specific boards, for any board 24 that contracts with the bureau of occupational licenses, each board member 25 shall hold office until a successor has been duly appointed and qualified. 26 (3) The department of self-governing agencies, by and through the bureau 27 of occupational licenses, shall be empowered to provide administrative or 28 other services for the administration of chapter 48, title 54, Idaho Code, to 29 issue, suspend, revoke or refuse to renew licenses and certificates, to issue 30 subpoenas, to prescribe and impose fees and to assess administrative penalties 31 pursuant to the provisions of chapter 48, title 54, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Marriott Seconded by Loertscher IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 488 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 35 through 38; in line 39, 3 delete "(4)" and insert: "(3)"; in line 41, delete "(5)" and insert: "(4)". 4 On page 2, in line 2, delete "(6)" and insert: "(5)"; in line 3, delete 5 "(7)" and insert: "(6)"; in line 5, delete "(8)" and insert: "(7)"; in line 7, 6 delete "(9)" and insert: "(8)"; in line 9, delete "(10)" and insert: "(9)"; in 7 line 10, delete "chapter." and insert: "chapter, and shall be designated 8 L.D.E.M."; 9 following line 10, insert: 10 "(10) "Low risk" means a labor and delivery and postpartum, newborn and 11 interconceptual care that does not include: 12 (a) A condition that requires a mandatory transfer; 13 (b) Deep vein thrombosis or pulmonary embolus; 14 (c) Multiple gestation; or 15 (d) Any other condition that may present an unreasonable risk of harm to 16 a pregnant woman or unborn child as determined by administrative rule. 17 (11) "Midwifery education accreditation council" or "MEAC," means the mid- 18 wifery education accreditation council established in 1991 and recognized by 19 the United States department of education as an accrediting agency for mid- 20 wifery education programs and institutions."; in line 11, delete "(11)" and 21 insert: "(12)"; in line 16, delete "(12)" and insert: "(13)"; following line 22 21, insert: 23 "(14) "Natural" means not pharmacologically induced."; in line 22, delete 24 "(13)" and insert: "(15)"; in line 27, delete "(14)" and insert: "(16)"; in 25 line 28, following "during" insert: "natural low risk"; in line 30, following 26 "standards" insert: "and NACPM essential documents"; in line 44, following 27 "hemorrhage" insert: "with one (1) dose of intramuscular oxytocin after the 28 delivery of the placenta to minimize blood loss, and an additional single dose 29 of oxytocin if a hemorrhage occurs, in which case the direct entry midwife 30 must initiate transfer if the woman's condition does not immediately improve"; 31 in line 46, following "anesthetics" insert: "as provided in subsection (16)(k) 32 of this section"; in line 49, following "Intravenous" insert: "saline"; and 33 also in line 49, delete "client;" and insert: "woman; and"; delete lines 50 34 and 51, and in line 52, delete "(ix)" and insert: "(viii)". 35 On page 3, delete lines 26 through 28, and insert: 36 "54-1303. LICENSED PRACTICE. (1) Any person licensed under this chapter 37 shall be entitled to engage in the practice of licensed direct entry mid- 38 wifery. 39 (2) A licensed direct entry midwife shall consult with a physician 40 licensed under chapter 18, title 54, Idaho Code, in the instance of: 41 (a) Miscarriage after fourteen (14) weeks; 42 (b) Failure to deliver by forty-two (42) weeks of gestation; 2 1 (c) A baby in the breech position at any time after thirty-six (36) weeks 2 of gestation; 3 (d) A prior cesarean section; or 4 (e) Any other condition or symptom that may place the health of the preg- 5 nant woman or unborn child at unreasonable risk as defined by administra- 6 tive rule. 7 (3) A licensed direct entry midwife shall transfer care before the onset 8 of labor to a physician licensed under chapter 18, title 54, Idaho Code, or to 9 a hospital upon evidence of: 10 (a) Placenta previa after twenty-seven (27) weeks and prior to twenty- 11 seven (27) weeks if there is any spotting or bleeding; 12 (b) A threatened miscarriage; 13 (c) No onset of labor before forty-three (43) weeks of gestation; or 14 (d) Any other condition that could place the life or long-term health of 15 the pregnant woman or unborn child at risk as defined by administrative 16 rule. 17 (4) A licensed direct entry midwife shall transfer care during labor to a 18 physician licensed under chapter 18, title 54, Idaho Code, or to a hospital 19 upon evidence of: 20 (a) Any condition listed in subsection (2)(c) of this section; 21 (b) Persistent breech at term; 22 (c) Inappropriate fetal presentation as determined by the licensed direct 23 entry midwife; 24 (d) Nonreassuring fetal heart pattern indicative of fetal distress that 25 does not immediately respond to treatment by the licensed direct entry 26 midwife; 27 (e) Particulate, moderate or thick, meconium unless delivery is imminent; 28 (f) Any other condition that could place the life or long-term health of 29 the pregnant woman or unborn child at significant risk if not acted upon 30 immediately as defined by administrative rule; or 31 (g) Failure to deliver after three (3) hours of pushing unless delivery 32 is imminent. 33 (5) A licensed direct entry midwife shall transfer care to a physician 34 licensed under chapter 18, title 54, Idaho Code, or to a hospital upon evi- 35 dence of any condition that could place the life or long-term health of the 36 woman at significant risk if not acted upon immediately or as may be further 37 defined by administrative rule. 38 (6) A licensed direct entry midwife shall transfer care to a physician 39 licensed under chapter 18, title 54, Idaho Code, or to a hospital upon evi- 40 dence of any condition that could place the life or health of a newborn at 41 risk as determined or as may be further defined by administrative rule.". 42 On page 4, in line 30, delete "In", delete line 31, and in line 32, delete 43 "tion, the" and insert: "The"; and delete lines 34 through 51. 44 On page 5, in line 46, following "approved" insert: "NARM, university or 45 MEAC accredited". 46 On page 6, in line 13, following "chapter" insert: ", including the use of 47 the L.D.E.M. designation". 48 On page 7, following line 31, insert: 49 "54-1317. PARENTAL RIGHTS. Nothing in this chapter shall abridge, limit 50 or otherwise modify the rights of parents to choose the manner of delivery for 51 their baby.". 52 CORRECTION TO TITLE 53 On page 1, in line 4, delete "THAT PARENTAL RIGHTS REGARDING DELIV-"; and 54 in line 5, delete "ERY METHODS ARE NOT MODIFIED" and insert: "LICENSED PRAC- 3 1 TICE"; and delete line 14, and insert: "DURE, TO PROVIDE ENFORCEMENT PENALTIES 2 AND TO PROVIDE THAT PARENTAL RIGHTS REGARDING DELIVERY METHODS ARE NOT MODI- 3 FIED; AMENDING SECTION 67-2601, IDAHO".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 488, As Amended 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 LICENSED PRACTICE, TO PROVIDE FOR DIS- 5 CLOSURE AND RECORDKEEPING, TO ESTABLISH THE BOARD OF MIDWIFERY AND TO SET 6 FORTH MEMBERSHIP AND MEETING CRITERIA AND DUTIES, TO PROVIDE BOARD POWERS 7 AND ADDITIONAL DUTIES, TO PROVIDE FOR FEES, TO PROVIDE FOR LICENSURE 8 ANNUAL RENEWAL AND LICENSURE EXPIRATION, TO ESTABLISH QUALIFICATIONS FOR 9 VOLUNTARY LICENSURE, TO PROVIDE FOR LICENSE STANDARDS FOR APPLICANTS FROM 10 OTHER JURISDICTIONS, TO PROVIDE FOR INVESTIGATIONS, HEARINGS AND SUBPOE- 11 NAS, TO SET FORTH TERMS OF UNLAWFUL CONDUCT, TO SET FORTH TERMS OF UNPRO- 12 FESSIONAL CONDUCT, TO PROVIDE FOR DISCIPLINARY ACTION, TO PROVIDE A 13 LICENSE DENIAL OR REVOCATION PROCEDURE, TO PROVIDE ENFORCEMENT PENALTIES 14 AND TO PROVIDE THAT PARENTAL RIGHTS REGARDING DELIVERY METHODS ARE NOT 15 MODIFIED; AMENDING SECTION 67-2601, IDAHO CODE, TO PROVIDE REFERENCE TO 16 THE BOARD OF MIDWIFERY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 17 SECTION 67-2602, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF MID- 18 WIFERY. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 22 ter 13, Title 54, Idaho Code, and to read as follows: 23 CHAPTER 13 24 IDAHO MIDWIFERY VOLUNTARY LICENSURE ACT 25 54-1301. LEGISLATIVE PURPOSE AND INTENT. It is the intent of the Idaho 26 legislature that nothing in this chapter shall require a license for the prac- 27 tice of midwifery in this state. The voluntary licensure provisions of 28 this chapter are intended to enhance maternity care options for Idaho's fam- 29 ilies and to provide a mechanism for validating the qualifications of midwives 30 who seek licensure. 31 54-1302. DEFINITIONS. As used in this chapter, the following terms have 32 the meanings as stated: 33 (1) "Board" means the board of midwifery as created in section 54-1305, 34 Idaho Code. 35 (2) "Bureau" means the state bureau of occupational licenses. 36 (3) "Certified professional midwife" means a person who is certified by 37 the North American registry for midwives or any successor organization. 38 (4) "Client" means a woman, under the care of a licensed direct entry 39 midwife or a direct entry midwife, and her fetus or newborn. 40 (5) "Department" means the Idaho department of self-governing agencies. 41 (6) "Direct entry midwife" means an individual who is engaging in the 2 1 unlicensed practice of midwifery. 2 (7) "Idaho midwifery council" is a voluntary professional organization 3 representing midwives in Idaho. 4 (8) "Idahoans for midwives" is a volunteer consumer organization located 5 in this state that promotes midwifery care in Idaho. 6 (9) "Licensed direct entry midwife" means a person voluntarily licensed 7 under this chapter, and shall be designated L.D.E.M. 8 (10) "Low risk" means a labor and delivery and postpartum, newborn and 9 interconceptual care that does not include: 10 (a) A condition that requires a mandatory transfer; 11 (b) Deep vein thrombosis or pulmonary embolus; 12 (c) Multiple gestation; or 13 (d) Any other condition that may present an unreasonable risk of harm to 14 a pregnant woman or unborn child as determined by administrative rule. 15 (11) "Midwifery education accreditation council" or "MEAC," means the mid- 16 wifery education accreditation council established in 1991 and recognized by 17 the United States department of education as an accrediting agency for mid- 18 wifery education programs and institutions. 19 (12) "Midwives alliance of North America" or "MANA," means the interna- 20 tional professional organization established in 1982 for all midwives. "MANA 21 essential documents" means those documents adopted by MANA reflecting core 22 competencies for basic midwifery practice, standards and skills for the art 23 and practice of midwifery and values and ethics. 24 (13) "National association of certified professional midwives" or "NACPM," 25 means the national organization for certified professional midwives. "NACPM 26 essential documents" means those documents adopted by NACPM identifying the 27 nature of responsible midwifery practice and includes the documents entitled: 28 "NACPM philosophy," "NACPM scope of practice," and "standards for NACPM prac- 29 tice." 30 (14) "Natural" means not pharmacologically induced. 31 (15) "North American registry of midwives" or "NARM," means the interna- 32 tional certification agency that establishes and administers certification for 33 the certified professional midwife credential. The "NARM job analysis" means 34 the NARM document, based on national surveys of certified professional mid- 35 wives, reflecting tasks and responsibilities of practicing midwives. 36 (16) "Practice of licensed direct entry midwifery" means the practice of 37 providing the necessary supervision, care and advice to a client during natu- 38 ral low risk pregnancy, labor, delivery, postpartum and newborn periods that 39 are consistent with national professional midwifery standards and NACPM essen- 40 tial documents and that is based upon the acquisition of clinical skills nec- 41 essary for the care of pregnant women and newborns, including antepartum, 42 intrapartum, postpartum, newborn and limited interconceptual care and 43 includes: 44 (a) Obtaining an informed consent to provide services; 45 (b) Obtaining a health history, including a physical examination; 46 (c) Developing a plan of care for a client; 47 (d) Evaluating the results of client care; 48 (e) Consulting and collaborating with and referring and transferring care 49 to licensed health care professionals, as is appropriate, regarding the 50 care of a client; 51 (f) Obtaining medications to administer to clients, including: 52 (i) Rho(D) immunoglobulin for the prevention of Rh sensitization; 53 (ii) Antihemorrhagic agents used for the control of postpartum 54 hemorrhage with one (1) dose of intramuscular oxytocin after the 55 delivery of the placenta to minimize blood loss, and an additional 3 1 single dose of oxytocin if a hemorrhage occurs, in which case the 2 direct entry midwife must initiate transfer if the woman's condition 3 does not immediately improve; 4 (iii) Emergency oxygen and bag-valve mask for resuscitation; 5 (iv) Local anesthetics as provided in subsection (16)(k) of this 6 section; 7 (v) Vitamin K to prevent hemorrhagic disease of the newborn; 8 (vi) Eye prophylaxis as required by law; 9 (vii) Intravenous saline fluids for the stabilization of the woman; 10 and 11 (viii) Any other medication approved by a licensed health care pro- 12 vider with authority to prescribe that medication; 13 (g) Obtaining and using appropriate equipment and devices such as 14 Doppler, blood pressure cuffs, phlebotomy supplies, instruments and 15 sutures; 16 (h) Obtaining appropriate screening and testing, including laboratory 17 tests, urinalysis and ultrasound; 18 (i) Managing the antepartum period; 19 (j) Managing the intrapartum period, including: 20 (i) Monitoring and evaluating the condition of mother and fetus; 21 (ii) Performing emergency episiotomy; and 22 (iii) Delivering in any out-of-hospital setting; 23 (k) Managing the postpartum period including suturing of episiotomy or 24 first and second degree natural perineal and labial lacerations, including 25 the administration of a local anesthetic; 26 (l) Managing the newborn period including: 27 (i) Providing care for the newborn, including performing a normal 28 newborn examination; and 29 (ii) Resuscitating a newborn when necessary; and 30 (iii) Performing the newborn screening; 31 (m) Providing limited interconceptual services in order to provide conti- 32 nuity of care, including: 33 (i) Breastfeeding support and counseling; 34 (ii) Breast exams and teaching self-breast exam; and 35 (iii) Pap smears, where all clients with abnormal results are to be 36 referred to an appropriate licensed health care provider; 37 (n) Executing the orders of a licensed health care professional, only 38 within the education, knowledge and skill of the licensed direct entry 39 midwife. 40 54-1303. LICENSED PRACTICE. (1) Any person licensed under this chapter 41 shall be entitled to engage in the practice of licensed direct entry mid- 42 wifery. 43 (2) A licensed direct entry midwife shall consult with a physician 44 licensed under chapter 18, title 54, Idaho Code, in the instance of: 45 (a) Miscarriage after fourteen (14) weeks; 46 (b) Failure to deliver by forty-two (42) weeks of gestation; 47 (c) A baby in the breech position at any time after thirty-six (36) weeks 48 of gestation; 49 (d) A prior cesarean section; or 50 (e) Any other condition or symptom that may place the health of the preg- 51 nant woman or unborn child at unreasonable risk as defined by administra- 52 tive rule. 53 (3) A licensed direct entry midwife shall transfer care before the onset 54 of labor to a physician licensed under chapter 18, title 54, Idaho Code, or to 4 1 a hospital upon evidence of: 2 (a) Placenta previa after twenty-seven (27) weeks and prior to twenty- 3 seven (27) weeks if there is any spotting or bleeding; 4 (b) A threatened miscarriage; 5 (c) No onset of labor before forty-three (43) weeks of gestation; or 6 (d) Any other condition that could place the life or long-term health of 7 the pregnant woman or unborn child at risk as defined by administrative 8 rule. 9 (4) A licensed direct entry midwife shall transfer care during labor to a 10 physician licensed under chapter 18, title 54, Idaho Code, or to a hospital 11 upon evidence of: 12 (a) Any condition listed in subsection (2)(c) of this section; 13 (b) Persistent breech at term; 14 (c) Inappropriate fetal presentation as determined by the licensed direct 15 entry midwife; 16 (d) Nonreassuring fetal heart pattern indicative of fetal distress that 17 does not immediately respond to treatment by the licensed direct entry 18 midwife; 19 (e) Particulate, moderate or thick, meconium unless delivery is imminent; 20 (f) Any other condition that could place the life or long-term health of 21 the pregnant woman or unborn child at significant risk if not acted upon 22 immediately as defined by administrative rule; or 23 (g) Failure to deliver after three (3) hours of pushing unless delivery 24 is imminent. 25 (5) A licensed direct entry midwife shall transfer care to a physician 26 licensed under chapter 18, title 54, Idaho Code, or to a hospital upon evi- 27 dence of any condition that could place the life or long-term health of the 28 woman at significant risk if not acted upon immediately or as may be further 29 defined by administrative rule. 30 (6) A licensed direct entry midwife shall transfer care to a physician 31 licensed under chapter 18, title 54, Idaho Code, or to a hospital upon evi- 32 dence of any condition that could place the life or health of a newborn at 33 risk as determined or as may be further defined by administrative rule. 34 54-1304. DISCLOSURE -- RECORDKEEPING. (1) A licensed direct entry midwife 35 shall provide clients with the following in a form provided by the board: 36 (a) Information concerning both the benefits and risks of midwifery care 37 in the setting of the client's choice; 38 (b) The licensed direct entry midwife's training and experience; 39 (c) Information concerning how to obtain a copy of the rules promulgated 40 under this chapter; 41 (d) The NARM job analysis and MANA essential documents; 42 (e) Instructions for filing complaints with the board of midwifery; and 43 (f) Information regarding whether or not the licensed direct entry mid- 44 wife has malpractice insurance. 45 (2) Prior to initiating care, the licensed direct entry midwife shall 46 obtain a signed informed consent agreement for each client acknowledging 47 receipt of the information specified in subsection (1) of this section. The 48 licensed direct entry midwife shall maintain a record of the signed informed 49 consent agreement for a minimum of three (3) years. If the disclosure informa- 50 tion changes, the licensed direct entry midwife has a duty to repeat the dis- 51 closure to a client if such client obtains services after the change. 52 54-1305. BOARD OF MIDWIFERY -- DUTIES. (1) There is hereby established in 53 the department of self-governing agencies, bureau of occupational licenses, 5 1 the board of midwifery. 2 (2) The board shall consist of five (5) members, three (3) of whom shall 3 be licensed pursuant to this chapter, one (1) of whom shall be a licensed phy- 4 sician with professional experience consulting for and/or collaborating with 5 direct entry midwives, and one (1) of whom shall be a member of the public 6 with an interest in the rights of clients of midwifery services. 7 (3) One (1) member of the initial board shall be appointed for a one (1) 8 year term of office, one (1) member of the initial board shall be appointed 9 for a two (2) year term of office, one (1) member of the initial board shall 10 be appointed for a three (3) year term of office, one (1) member shall be 11 appointed for a four (4) year term of office, and one (1) member of the ini- 12 tial board shall be appointed for a five (5) year term of office. Thereafter, 13 the term of office for each member shall be five (5) years. 14 (4) Appointments to the board shall be made by the governor from nomina- 15 tions received from the Idaho midwifery council and Idahoans for midwives, 16 which shall nominate persons qualified for each position to be filled. 17 (5) The three (3) members of the board who are licensed direct entry mid- 18 wives shall be licensed pursuant to this chapter, practicing within the state 19 of Idaho for the duration of their appointment and shall have been practitio- 20 ners within the state of Idaho for a minimum of two (2) years immediately pre- 21 ceding appointment. 22 (6) The initial three (3) licensed direct entry midwife members of the 23 board shall be persons with at least two (2) years of experience in the prac- 24 tice of midwifery who are eligible to become licensed pursuant to this chap- 25 ter. In the event of death, resignation or removal of any member before the 26 expiration of the term to which appointed, the vacancy shall be filled for 27 the unexpired portion of the term in the same manner as the original appoint- 28 ment. 29 (7) The governor may remove any member of the board for cause prior to 30 the expiration of the member's term. 31 (8) The board, within thirty (30) days after its appointment, shall hold 32 its initial meeting and elect a chairperson. The board shall meet at least 33 annually thereafter, and may hold additional meetings at the call of the 34 chairperson or at the written request of any two (2) members of the board. The 35 board may appoint such committees as it considers necessary to carry out its 36 duties. A majority of the board shall constitute a quorum. 37 54-1306. BOARD -- POWERS AND ADDITIONAL DUTIES. The board shall have the 38 authority to: 39 (1) Determine the qualifications of persons applying for licensure pursu- 40 ant to this chapter and to define, by rule, the appropriate scope of practice 41 for midwifery in this state, as defined by the NACPM essential documents; 42 (2) Adopt such rules as are necessary for the administration of this 43 chapter, including standards of professional conduct; 44 (3) Conduct investigations and examinations and hold hearings; 45 (4) Collect fees and other moneys as prescribed by this chapter; 46 (5) Provide such other services and perform such other functions as are 47 necessary and desirable to fulfill its purposes; and 48 (6) Establish the minimum amount and type of continuing education to be 49 required annually for each licensed direct entry midwife seeking licensure 50 renewal. 51 54-1307. FEES. (1) All fees received under the provisions of this chap- 52 ter shall be paid to the department of self-governing agencies, bureau of 53 occupational licenses, and deposited in the state treasury to the credit of 6 1 the occupational licenses fund. All costs and expenses incurred under the 2 provisions of this chapter shall be a charge against and paid from said fund. 3 In no case shall any salary, expense or other obligation of the board be 4 charged against the general fund. 5 (2) The fee for licensure shall not exceed five hundred dollars ($500). 6 54-1308. EXPIRATION AND RENEWAL -- REINSTATEMENT. All voluntary licenses 7 issued under the provisions of this chapter shall be subject to annual renewal 8 and shall expire unless renewed in the manner prescribed by the board regard- 9 ing applications for renewal, continuing education and fees. License renewal 10 and reinstatement shall be in accordance with section 67-2614, Idaho Code. 11 54-1309. QUALIFICATIONS FOR VOLUNTARY LICENSURE. To be eligible to prac- 12 tice as a licensed direct entry midwife in the state of Idaho, the applicant 13 shall: 14 (1) Provide proof, on a form provided by the board, of current and con- 15 tinued certification as a certified professional midwife by NARM or any suc- 16 cessor organization; 17 (2) Provide proof, on a form provided by the board, of current and con- 18 tinued adult, infant and child CPR and neonatal resuscitation certification; 19 (3) Be physically and mentally capable of safely practicing midwifery 20 with or without reasonable accommodation; 21 (4) Have never had a license to practice midwifery or other health care 22 license, registration or certificate refused, revoked or suspended by any 23 other state or country for reasons that relate to the applicant's ability to 24 skillfully and safely practice midwifery or other health care profession 25 unless that license, registration or certification has been restored to good 26 standing by that state or country; 27 (5) File with the board a board approved disclosure form stating the 28 degrees, training, experience, credentials and the health care services the 29 applicant provides; 30 (6) File a board approved application for licensure and pay the required 31 licensing fees; 32 (7) Provide documentation of successful completion of board approved 33 NARM, university or MEAC accredited courses in pharmacology and shock/IV ther- 34 apy. 35 54-1310. LICENSE STANDARDS FOR OTHER JURISDICTION APPLICANTS. The board 36 shall establish by rule the standards for licensure of applicants licensed in 37 another jurisdiction. However, the standards for endorsement of licensure 38 shall not be less than those required for licensure in the state of Idaho. 39 54-1311. INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall be 40 empowered to investigate, or cause to be investigated, all complaints regard- 41 ing any conduct prohibited by this chapter. 42 (2) The board may conduct hearings to assist with investigations, to 43 determine whether grounds exist for suspension, revocation or denial of a 44 license or to fulfill its responsibilities under this chapter as the board 45 determines necessary. 46 (3) The board may subpoena witnesses, administer oaths in any hearing or 47 disciplinary proceeding and compel, by subpoena duces tecum, the production of 48 papers and records. 49 54-1312. UNLAWFUL CONDUCT. Unlawful conduct includes: 50 (1) (a) Representing or holding oneself out as a licensed direct entry 7 1 midwife when not licensed under this chapter, including the use of the 2 L.D.E.M. designation; 3 (b) Using prescription medications, except oxygen, while engaged in the 4 practice of direct entry midwifery, when not licensed under this chapter. 5 (2) Except as provided in subsections (1)(a) and (1)(b) of this section, 6 it is lawful to practice direct entry midwifery in this state without being 7 licensed under this chapter. 8 (3) The practice of direct entry midwifery is not considered the practice 9 of medicine, nursing or nurse midwifery. 10 54-1313. UNPROFESSIONAL CONDUCT. Unprofessional conduct includes: 11 (1) Disregard for a patient's dignity or right to privacy as to her per- 12 son, condition, possessions or medical record; 13 (2) Failure to obtain informed consent as required; 14 (3) Submitting a birth certificate known by the person to be false or 15 fraudulent; 16 (4) Failure to file or record any medical report as required by law, 17 impeding or obstructing the filing or recording of such a report, or inducing 18 another to fail to file or record such a report; 19 (5) Breach of a statutory, common law, regulatory or ethical requirement 20 of confidentiality with respect to a person who is a patient, unless ordered 21 by a court of law; or 22 (6) Failure to pay a penalty imposed by the board. 23 54-1314. DISCIPLINARY ACTION. The board may suspend, revoke or refuse to 24 issue or renew a license on any of the following grounds: 25 (1) The employment of fraud, misrepresentation or the concealment of 26 material facts in obtaining a license under this chapter or in connection with 27 services rendered as a licensed direct entry midwife; 28 (2) A legal finding of mental incompetence; 29 (3) Aiding or abetting a person, not duly licensed under this chapter, in 30 claiming to be a licensed direct entry midwife; 31 (4) Any negligence, incompetence or misconduct in the performance of mid- 32 wifery; 33 (5) Conviction of any crime involving moral turpitude or the entering of 34 a plea of guilty or the finding of guilt by a jury or court of competent 35 jurisdiction of a commission of a felony or a crime involving moral turpitude; 36 (6) Practicing as a licensed direct entry midwife when such licensee's 37 physical or mental abilities are impaired by the use of controlled substances 38 or other drugs, chemicals or alcohol; 39 (7) Failure of the licensed direct entry midwife to maintain his or her 40 professional premises in a clean and sanitary condition; or 41 (8) For violation of any of the provisions of this chapter or the rules 42 made and promulgated by the state board of midwifery as authorized in this 43 chapter. 44 54-1315. LICENSE DENIAL OR REVOCATION PROCEDURE. (1) Any person whose 45 license to practice midwifery has been suspended, revoked or restricted pursu- 46 ant to this chapter by action of the board or whose application for licensure 47 has been denied by action of the board, shall have the right, at reasonable 48 intervals, to petition the board for reinstatement of such license. Such 49 petition shall be made in writing and in the form prescribed by the board. 50 Upon investigation and hearing, the board may in its discretion grant or deny 51 such petition, or it may modify its original finding to reflect any circum- 52 stances which have changed sufficiently to warrant such modifications. 8 1 (2) Nothing herein shall be construed as barring criminal prosecutions 2 for violations of this chapter where such violations are deemed criminal 3 offenses in other statutes of this state or of the United States. 4 (3) All final decisions by the board shall be subject to judicial review 5 pursuant to the provisions of chapter 52, title 67, Idaho Code. 6 54-1316. ENFORCEMENT PENALTIES. (1) Any person who knowingly holds him- 7 self or herself out as a licensed direct entry midwife in this state without 8 such licensure is guilty of a misdemeanor. A person convicted of a second or 9 subsequent offense under this section shall be guilty of a felony and shall be 10 imprisoned in the state prison for a period not to exceed five (5) years, or 11 shall be fined not more than ten thousand dollars ($10,000), or shall be pun- 12 ished by both such fine and imprisonment. 13 (2) Provided the board determines in good faith that a person is holding 14 himself or herself out as a licensed direct entry midwife in violation of this 15 chapter, the board may seek an injunction, provided it has given thirty (30) 16 days' prior written notice to cease and desist against any person who does not 17 comply with such notice and who holds himself or herself out as a licensed 18 direct entry midwife in violation of this chapter and may, in the event a per- 19 manent injunction is entered against such person, be entitled to all costs and 20 fees incurred by the board in seeking the injunction. 21 54-1317. PARENTAL RIGHTS. Nothing in this chapter shall abridge, limit or 22 otherwise modify the rights of parents to choose the manner of delivery for 23 their baby. 24 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 27 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 28 self-governing agencies. The department shall, for the purposes of section 20, 29 article IV of the constitution of the state of Idaho, be an executive depart- 30 ment of the state government. 31 (2) The department shall consist of the following: 32 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 33 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 34 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 35 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 36 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 37 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 38 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 39 mission, as provided by chapter 12, title 22, Idaho Code; the Idaho wheat 40 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho 41 aquaculture commission, as provided by chapter 44, title 22, Idaho Code. 42 (b) Professional and occupational licensing boards: Idaho state board of 43 certified public accountancy, as provided by chapter 2, title 54, Idaho 44 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 45 Code; board of architectural examiners, as provided by chapter 3, title 46 54, Idaho Code; office of the state athletic director, as provided by 47 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 48 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 49 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 50 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 51 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 9 1 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 2 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 3 state board of denturitry, as provided by chapter 33, title 54, Idaho 4 Code; state board of engineering examiners, as provided by chapter 12, 5 title 54, Idaho Code; state board for registration of professional geolo- 6 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing 7 services licensure board, as provided by chapter 29, title 54, Idaho Code; 8 Idaho physical therapy licensure board, as provided by chapter 22, title 9 54, Idaho Code; Idaho state board of landscape architects, as provided by 10 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as 11 provided by chapter 53, title 54, Idaho Code; state board of medicine, as 12 provided by chapter 18, title 54, Idaho Code; state board of morticians, 13 as provided by chapter 11, title 54, Idaho Code; board of naturopathic 14 medical examiners, as provided by chapter 51, title 54, Idaho Code; board 15 of midwifery, as provided by chapter 13, title 54, Idaho Code; board of 16 nurses, as provided by chapter 14, title 54, Idaho Code; board of examin- 17 ers of nursing home administrators, as provided by chapter 16, title 54, 18 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 19 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 20 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 21 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 22 54, Idaho Code; Idaho state board of psychologist examiners, as provided 23 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 24 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 25 provided by chapter 41, title 54, Idaho Code; board of social work examin- 26 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 27 nary medicine, as provided by chapter 21, title 54, Idaho Code; the board 28 of examiners of residential care facility administrators, as provided by 29 chapter 42, title 54, Idaho Code; and the board of drinking water and 30 wastewater professionals, as provided by chapter 24, title 54, Idaho Code. 31 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 32 (d) The division of building safety: building code board, chapter 41, 33 title 39, Idaho Code; manufactured home advisory board, chapter 21, title 34 44, Idaho Code; electrical board, chapter 10, title 54, Idaho Code; public 35 works contractors board, chapter 19, title 54, Idaho Code; plumbing board, 36 chapter 26, title 54, Idaho Code; public works construction management, 37 chapter 45, title 54, Idaho Code;andthe heating, ventilation and air 38 conditioning board, chapter 50, title 54, Idaho Code;the Idaho building39code act;and modular buildings, chapter 43, title 39, Idaho Code, relat-40ing to. 41 (e) The division of veterans services to be headed by a division adminis- 42 trator who shall be a nonclassified employee exempt from the provisions of 43 chapter 53, title 67, Idaho Code. The administrator of the division shall 44 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 45 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 46 sion established under chapter 2, title 65, Idaho Code, and shall perform 47 such additional duties as are imposed upon him by law. 48 (3) The bureau of occupational licenses is hereby created within the 49 department of self-governing agencies. 50 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational 53 licenses created in the department of self-governing agencies by section 10 1 67-2601, Idaho Code, shall be empowered, by written agreement between the 2 bureau and each agency for which it provides administrative or other services 3 as provided by law, to provide such services for the board of acupuncture, 4 board of architectural examiners, board of barber examiners, board of chiro- 5 practic physicians, board of cosmetology, counselor licensing board, state 6 board of denturitry, speech and hearing services licensure board, physical 7 therapy licensure board, board of landscape architects, liquefied petroleum 8 gas safety board, board of midwifery, board of morticians, board of 9 naturopathic medical examiners, board of examiners of nursing home administra- 10 tors, board of optometry, board of podiatrists, board of psychologist examin- 11 ers, real estate appraiser board, board of examiners of residential care 12 facility administrators, board of social work examiners, and such other pro- 13 fessional and occupational licensing boards or commodity commissions as may 14 request such services. The bureau may charge a reasonable fee for such ser- 15 vices provided any agency not otherwise provided for by law and shall maintain 16 proper accounting methods for all funds under its jurisdiction. 17 (2) Notwithstanding the statutes governing specific boards, for any board 18 that contracts with the bureau of occupational licenses, each board member 19 shall hold office until a successor has been duly appointed and qualified. 20 (3) The department of self-governing agencies, by and through the bureau 21 of occupational licenses, shall be empowered to provide administrative or 22 other services for the administration of chapter 48, title 54, Idaho Code, to 23 issue, suspend, revoke or refuse to renew licenses and certificates, to issue 24 subpoenas, to prescribe and impose fees and to assess administrative penalties 25 pursuant to the provisions of chapter 48, title 54, Idaho Code.
STATEMENT OF PURPOSE
RS 17690
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
Rep. Janice McGeachin Rep. Ken Roberts
Rep. Pete Nielsen Rep. Dick Harwood
Rep. Jim Clark Rep. JoAn Wood
Rep. Paul Shepherd
Rep. Elaine Smith Rep. Donna Pence
Sen. Shawn Keough
Sen. Lee Henrich
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 488