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SCS/SBs 1021 & 870 - This act creates a "Board of Direct-Entry Midwives" within the Division of Professional Registration. The board shall have the power to issue licenses and to suspend, revoke or deny the license of a direct-entry midwife. The board shall develop practice guidelines regarding the practice of midwifery established by the National Association of Certified Professional Midwives, including the development of collaborative relationships with other healthcare practitioners who can provide care outside the scope of midwifery when necessary. A direct-entry midwife is defined as one who is certified by the North American Registry of Midwives (NARM) as a certified professional midwife providing for compensation those skills relevant to the care of women and infants before, during, and after birth. The practice of direct-entry midwifery is defined as the science and art of examination, evaluation, assessment, counseling and treatment of women and infants by those methods commonly taught in any midwifery school, college or midwifery program in a university which has been accredited by the Midwifery Education Accreditation Council. The practice does not include use of operative surgery, nor the prescribing of drugs. The practice is not the practice of medicine, osteopathy, nursing or nurse-midwifery. A licensed direct-entry midwife is required to present a written disclosure statement to each client outlining the practice of midwifery, his or her training, experience, malpractice or liability insurance coverage, and emergency medical plan. This requirement has some exceptions, including a religious practice exception. No licensed direct-entry midwife shall be permitted to prescribe drugs, perform vacuum deliveries, medical inductions or cesarean sections, or use forceps during the delivery of an infant. A licensed direct-entry midwife shall not administer prescription drugs, except for neonatal use of prophylactic ophthalmic medications, vitamin K and oxygen, maternal use of Rho (D) immune globin, oxygen, postpartum antihemorrhages, and local anesthetic, and any other prescription drug the Board of Direct-Entry Midwives has deemed to be integral to pregnancy, birth, postpartum, resuscitation or newborn care. This act provides that no person other than the licensed direct-entry midwife who provided care to the patient shall be liable for the direct-entry midwife's negligent or willful and wanton acts or omissions. Also, no licensed physician, certified nurse midwife, hospital, licensed doctor of osteopathy, or emergency medical technician licensed under chapter 190, or agents thereof, shall be exempt from liability for their own subsequent and independent negligent acts or omissions or willful and wanton acts or omissions. A licensed health care provider or facility shall not be disciplined for assisting, enabling, aiding, procuring, advising or encouraging any person licensed to practice direct-entry midwifery who practicing within the confines of this act. This act provides that it shall be unlawful for any person to engage in the practice of direct-entry midwifery unless such person is licensed as a direct-entry midwife under the provisions of this act. Also, any person who violates the provisions of this act is guilty of a class A misdemeanor. The act also repeals a provision which currently allows person holding tocological certifications from organizations accredited by the National Organization for Assurance to provide midwifery services. Provisions of this act are similar to SB 303 (2007). ADRIANE CROUSE
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