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 1958
A-Engrossed
Senate Bill 730
Ordered by the Senate May 2
Including Senate Amendments dated May 2
Sponsored by Senator FISHER (at the request of Oregon Midwifery
Council)
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.
Authorizes licensed direct entry midwives to purchase and use
{ - certain - } { + specified + } legend drugs { + and
devices + }. Conforms certain aspects of relationship between
State Board of Direct Entry Midwifery and Health Licensing Office
to statutory guidelines.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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, Rho(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. + }
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