Chapter 53 Oregon Laws 2001

AN ACT

HB 2248

Relating to direct entry midwifery; amending sections 3, 4, 5, 7, 8, 9, 10 and 17, chapter 362, Oregon Laws 1993; repealing section 18, chapter 362, Oregon Laws 1993, and section 5a, chapter 990, Oregon Laws 1999; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 3, chapter 362, Oregon Laws 1993, as amended by section 5, chapter 690, Oregon Laws 1997, is amended to read:

Sec. 3. (1) The State Board of Direct Entry Midwifery shall establish standards for qualifications for the licensure of direct entry midwives. Such standards shall include:

(a) Sufficient knowledge in the following areas:

(A) Techniques in taking patient histories;

(B) Anatomy and physiology of the female reproductive system;

(D) Necessity for referral;

(E) Pathology in childbirth;

(F) Mechanisms of labor;

(G) Aseptic techniques;

(H) Postpartum care;

(I) Examinations of newborn infants; and

(J) Family planning;

(b) Successful passage of written and oral examinations; and

(A) 25 assisted deliveries;

(B) 25 deliveries for which the midwife was the primary care provider;

(D) 25 newborn examinations; and

(E) 40 postnatal examinations;

(d) Current certification in cardiopulmonary resuscitation for infants and adults; and

(e) A written plan for emergency transport.

(2) Any person who desires to become licensed as a direct entry midwife shall submit an application to the [board] Health Licensing Office stating the applicant's qualifications for licensure. If the applicant meets the standards established under subsection (1) of this section and the applicant is not disqualified from licensure under section 10, chapter 362, Oregon Laws 1993, the [board] office shall issue an annual license to the direct entry midwife. The [board] office shall impose a fee for licensure and examination in the amount established pursuant to section 4, chapter 690, Oregon Laws 1997 [of this 1997 Act].

(3) Any direct entry midwife licensed under this section is entitled to payment under the rules of the medical assistance program for services provided to any eligible recipient of medical assistance.

SECTION 2. Section 4, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 4. A person licensed to practice direct entry midwifery under the laws of another state who demonstrates to the satisfaction of the [State Board of Direct Entry Midwifery] Health Licensing Office that the person has passed a written examination at least equal to the written examination required of persons eligible for licensure under [this Act] chapter 362, Oregon Laws 1993, may have the written examination waived pursuant to standards of the board.

SECTION 3. Section 5, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 5. The [State Board of Direct Entry Midwifery] Health Licensing Office shall keep a record of [its] the proceedings of the State Board of Direct Entry Midwifery relating to the issuance, refusal, suspension and revocation of licenses. The [board] office shall keep a record of all complaints received, including the date of receipt, name of licensee, name and address of each complainant and the nature of the complaint.

SECTION 4. Section 7, chapter 362, Oregon Laws 1993, as amended by section 2, chapter 990, Oregon Laws 1999, is amended to read:

Sec. 7. In addition to the powers otherwise granted by chapter 362, Oregon Laws 1993, the [State Board of Direct Entry Midwifery] Health Licensing Office, in consultation with the State Board of Direct Entry Midwifery, may:

(1) Determine whether applicants meet the qualifications under chapter 362, Oregon Laws 1993, conduct examinations and grant licenses to qualified applicants upon compliance with the rules of the board and the office;

(2) Do any act necessary or proper to effect and carry out the duties required of the [board] office by chapter 362, Oregon Laws 1993;

(3) Adopt rules for the administration of chapter 362, Oregon Laws 1993; and

(4) Accept and expend donations, contributions and grant funds for the purposes of chapter 362, Oregon Laws 1993.

SECTION 4a. Section 8, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 8. The State Board of Direct Entry Midwifery shall develop practice standards that shall include but not be limited to:

(1) Maintenance of [statistical records of births] records of care, including client charts;

(2) Participation in peer review;

(3) Development of a written plan for emergency transport;

(4) Guidelines for equipment; and

(5) Maintenance of patient disclosure forms, which includes information regarding whether the midwife has malpractice insurance.

SECTION 5. Section 9, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 9. (1) [The State Board of Direct Entry Midwifery annually] A license issued by the Health Licensing Office for a direct entry midwife shall expire after one year. The office shall renew a license [for a direct entry midwife] upon receipt of the renewal application and fee and proof of current cardiopulmonary resuscitation certification for infants and adults, if the applicant is otherwise in compliance with the rules adopted by the [board] State Board of Direct Entry Midwifery and the office.

(2) The [board] office shall establish a procedure for the renewal of licenses. Notwithstanding subsection (1) of this section, the office may vary the renewal date of a license by giving the applicant written notice of the renewal date being assigned and by making prorated adjustments to the renewal fee.

(3) The board shall prescribe requirements for license renewal including, but not limited to, continuing education. In addition to continuing education requirements, a midwife who has attended fewer than five births in the previous year shall be required to take an additional 10 hours of continuing education as prescribed by the board. All licensing requirements shall be approved by the board by rule.

(4) Any license that is not renewed [at the end of the calendar year] shall automatically revert to inactive status. The license may be reactivated only if the license holder meets other qualifications for reactivation as prescribed by the board by rule.

(5) [Sixty days prior to the end of the calendar year, the board shall] The office may mail a notice of renewal to the last-known address of the license holder.

SECTION 6. Section 10, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 10. (1) The following acts shall be grounds for which the Health Licensing Office, in consultation with the State Board of Direct Entry Midwifery, may refuse to grant a license or may exercise disciplinary action against a licensed direct entry midwife:

(a) Procuring, attempting to procure, renewing or attempting to renew a license to practice direct entry midwifery by bribery or fraudulent misrepresentation.

(b) Having a license to practice direct entry midwifery revoked, suspended or denied by the licensing authority of another state, territory or country.

(c) Being convicted or found guilty, in any jurisdiction that authorizes direct entry midwives to practice in the jurisdiction, of a crime that directly relates to the practice of direct entry midwifery or to the ability to practice direct entry midwifery. A plea of nolo contendere shall be considered a conviction for purposes of this subsection.

(d) Making or filing a false report or record that the license holder knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing such filing or inducing another to do so. Reports or records shall include only reports or records that are signed in the direct entry midwife's capacity as a licensed direct entry midwife.

(e) Advertising falsely, misleadingly or deceptively.

(f) Engaging in unprofessional conduct including, but not limited to, any departure from or the failure to conform to the standards of practice of direct entry midwifery as established by the board, in which case actual injury need not be established.

(g) Being unable to practice midwifery with reasonable skill and safety to patients by reason of illness or use of controlled substances, alcohol or other materials or as a result of any mental or physical impairment. At reasonable intervals, a direct entry midwife described in this paragraph shall be afforded an opportunity to demonstrate that the direct entry midwife can resume the competent practice of direct entry midwifery with reasonable skill and safety.

(h) Willfully or repeatedly violating any provision of [this Act] chapter 362, Oregon Laws 1993, any rule of the board or office or any lawful order of the board or office previously entered in a disciplinary proceeding.

(2) When the [board] office, in consultation with the board, finds any person has violated any grounds set forth in subsection (1) of this section, the [board] office may take one or more of the following disciplinary actions:

(a) Refuse to approve an application for licensure.

(b) Revoke or suspend a license.

(d) Issue a reprimand.

(e) Place the direct entry midwife on probation for a period of time and subject to conditions as the [board] office may specify including, but not limited to, requiring the direct entry midwife to:

(A) Submit to treatment;

(B) Undertake further relevant education or training;

(D) Work under the supervision of another licensed direct entry midwife or a physician licensed under ORS chapter 677 or 685.

(3) The [board] office shall not reinstate the license of a direct entry midwife or cause a license to be issued to a person it considers unqualified until such time as the [board] office is satisfied that the person has complied with all the terms and conditions set forth in subsection (2)(e) of this section and that the person is capable of safely engaging in the practice of direct entry midwifery.

(4) The [board] office shall establish guidelines for the disposition of disciplinary cases involving specific types of violations.

SECTION 7. Section 17, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 17. (1) Any information provided to the State Board of Direct Entry Midwifery or the Health Licensing Office under section 10, chapter 362, Oregon Laws 1993, [of this Act] is confidential and shall not be subject to public disclosure or admissible as evidence in any judicial proceeding.

(2) Any person who in good faith provides information to the board or the office shall not be subject to an action for civil damages as a result thereof.

SECTION 8. Section 18, chapter 362, Oregon Laws 1993, and section 5a, chapter 990, Oregon Laws 1999, are repealed.

SECTION 9. This 2001 Act takes effect on the 91st day after the date on which the regular session of the Seventy-first Legislative Assembly adjourns sine die.

Approved by the Governor April 9, 2001

Filed in the office of Secretary of State April 9, 2001

Effective date October 6, 2001

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