Chapter 990 Oregon Laws 1999

Session Law

AN ACT

SB 611

Relating to direct entry midwifery; creating new provisions; amending sections 2, 7 and 26, chapter 362, Oregon Laws 1993, and section 4, chapter 690, Oregon Laws 1997; repealing sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18 and 19, chapter 362, Oregon Laws 1993, and sections 4 and 5, chapter 690, Oregon Laws 1997; limiting expenditures; and declaring an emergency.

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

SECTION 1. Section 2, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 2. There is established within the Health Division the State Board of Direct Entry Midwifery consisting of seven members appointed by the [Assistant Director for Health] Governor. Each member of the board shall serve a term of three years and until a successor is appointed and qualified. If there is a vacancy for any cause, the [Assistant Director for Health] Governor shall make an appointment to become immediately effective for the unexpired term. All appointments of members of the board are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The membership of the board shall include:

(1) Four licensed direct entry midwives.

(2) Two certified nurse midwives.

(3) One physician licensed under ORS chapter 677 involved at the time of appointment in obstetrical care or education.

SECTION 2. Section 7, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 7. In addition to the powers otherwise granted by [this Act] chapter 362, Oregon Laws 1993, the State Board of Direct Entry Midwifery may:

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

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

(3) Adopt rules for the administration of [this Act.] 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 3. Section 4, chapter 690, Oregon Laws 1997, is amended to read:

Sec. 4. (1) The State Board of Direct Entry Midwifery shall establish fees and charges to carry out the duties, functions and powers of the Health Division and the board. Fees and charges established pursuant to this section shall not exceed the following:

(a) License application, $100;

(b) Initial license, [$500] $2,000;

(d) Written examination, $500;

(e) Oral examination, $150;

(f) Late fee, $50;

(g) Duplicate license, $25;

(h) Reciprocity license, $500; and

(i) License reactivation, $500.

(2) Fees and charges established pursuant to subsection (1) of this section shall be subject to prior approval by the Department of Administrative Services and a report to the Emergency Board prior to adopting fees and charges. The fees and charges shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees and charges shall not exceed the cost of administering the program or the purpose for which the fee or charge is established as authorized by the Legislative Assembly for the board's budget, or as modified by the Emergency Board of future sessions of the Legislative Assembly.

SECTION 4. Section 26, chapter 362, Oregon Laws 1993, is amended to read:

Sec. 26. [This Act is] Sections 12, 13 and 14, chapter 362, Oregon Laws 1993, are repealed June 30, 1999.

SECTION 4a. Notwithstanding any other law, the amount of $108,767 is established for the biennium beginning July 1, 1999, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the State Board of Direct Entry Midwifery.

SECTION 5. If the amendments to sections 2, 7 and 26, chapter 362, Oregon Laws 1993, by sections 1, 2 and 4 of this 1999 Act do not become effective until after June 30, 1999, the amendments to section 26, chapter 362, Oregon Laws 1993, by section 4 of this 1999 Act revive sections 1 to 11 and 15 to 19, chapter 362, Oregon Laws 1993. If the amendments to sections 2, 7 and 26, chapter 362, Oregon Laws 1993, by sections 1, 2 and 4 of this 1999 Act do not become effective until after June 30, 1999, the amendments to sections 2, 7 and 26, chapter 362, Oregon Laws 1993, by sections 1, 2 and 4 of this 1999 Act shall be operative retroactively to that date, and the operation and effect of sections 1 to 11 and 15 to 19, chapter 362, Oregon Laws 1993, shall continue unaffected from June 30, 1999, to the effective date of this 1999 Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of sections 1 to 11 and 15 to 19, chapter 362, Oregon Laws 1993, after June 30, 1999, and before the effective date of this 1999 Act, is ratified and approved.

SECTION 5a. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18 and 19, chapter 362, Oregon Laws 1993, and sections 4 and 5, chapter 690, Oregon Laws 1997, are repealed December 31, 2001.

SECTION 6. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor August 20, 1999

Filed in the office of Secretary of State August 23, 1999

Effective date August 20, 1999

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