71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1005
House Bill 2248
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Health Licensing Office)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Conforms relationship between State Board of Direct Entry
Midwifery and Health Licensing Office to statutory guidelines.
Repeals certain provisions relating to midwifery.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to direct entry midwifery; amending sections 3, 4, 5, 7,
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;
(C) Appropriate use of diagnostic testing;
(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
(c) Participation in:
(A) 25 assisted deliveries;
(B) 25 deliveries for which the midwife was the primary care
provider;
(C) 100 prenatal care visits;
(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 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.
(c) Impose a civil penalty not to exceed $1,000 for each count
or separate offense.
(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;
(C) Take an examination; or
(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. + }
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