Chapter 462 Oregon Laws 2001

AN ACT

SB 730

Relating to direct entry midwifery; creating new provisions; amending sections 7 and 9, chapter 362, Oregon Laws 1993; and declaring an emergency.

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

SECTION 1. Section 2 of this 2001 Act is added to and made a part of sections 1 to 11 and 15 to 19, chapter 362, Oregon Laws 1993.

SECTION 2. (1) A midwife licensed under sections 1 to 11 and 15 to 19, chapter 362, Oregon Laws 1993, may purchase and administer authorized scheduled legend drugs and devices that are used in pregnancy, birth, postpartum care, newborn care or resuscitation and that are deemed integral to providing safe care to the public by the State Board of Direct Entry Midwifery by rule.

(2) Legend drugs authorized under subsection (1) of this section are limited:

(a) For neonatal use to prophylactic ophthalmic medications, vitamin K and oxygen; and

(b) For maternal use to postpartum antihemorrhagics, Rh_o (D) immune globulin, epinephrine, intravenous fluids, local anesthetic and oxygen.

(3) Legend devices authorized under subsection (1) of this section are limited to devices for injection of medications, for the administration of intravenous fluids, for adult and infant resuscitation and for rupturing the amniotic membranes.

(4) A pharmacist who dispenses drugs and devices to a licensed midwife as authorized by this section and in conformity with the provisions of ORS chapter 689 is not liable for any adverse reactions caused by administration of the legend drugs and devices by the midwife.

SECTION 3. 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 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 4. 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 that must include training in use of legend drugs and devices. 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 5. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 19, 2001

Filed in the office of Secretary of State June 19, 2001

Effective date July 1, 2001

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