H.B. 184 Unlicensed Direct-entry Midwifery

  • Drafting Attorney: Cathy J. Dupont
  • Fiscal Analyst: Andrea Wilko



  • Information
    • Last Action: 21 Mar 2016, Governor Signed
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 10 May 2016
    • Session Law Chapter: 107


H.B. 184

1     
UNLICENSED DIRECT-ENTRY MIDWIFERY

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol Spackman Moss

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Direct-Entry Midwife Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the unlawful conduct provisions of the Direct-Entry Midwife Act; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          58-77-501, as enacted by Laws of Utah 2005, Chapter 299
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 58-77-501 is amended to read:
24          58-77-501. Unlawful conduct.
25          (1) In addition to the [definition in Subsection 58-1-501(1), "unlawful conduct"
26     includes] conduct that constitutes unlawful conduct under Subsection 58-1-501(1), it is
27     unlawful conduct for an individual who is not licensed under this chapter to:
28          (a) [representing or holding oneself out as a] represent or hold out that the individual is
29     a licensed direct-entry midwife [when not licensed under this chapter; and];

30          (b) [using] administer a prescription [medications] medication, except oxygen, [while
31     engaged] in the practice of direct-entry midwifery [when not licensed under this chapter.];
32          (c) before engaging in the practice of midwifery with a client, fail to obtain from the
33     client an informed consent statement that includes the following:
34          (i) a description of the individual's midwifery education, training, continuing
35     education, and experience;
36          (ii) a statement that the individual is not licensed by the state as a direct-entry midwife;
37          (iii) a statement that it is unlawful for the individual to administer to the client a
38     prescription medication, except oxygen, in the practice of direct-entry midwifery;
39          (iv) a written plan to address medical issues the client may experience during
40     pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed
41     health care provider or facility, if necessary;
42          (v) the name and signature of the individual;
43          (vi) the name and signature of the client;
44          (vii) the date the individual signed the statement; and
45          (viii) the date the client signed the statement; or
46          (d) fail to retain for at least 4 years a signed statement from a client described by
47     Subsection (1)(c).
48          (2) (a) Except [as provided in Subsections (1)(a) and (b)] for conduct that constitutes
49     unlawful conduct under Subsection (1), it is lawful to practice direct-entry midwifery in the
50     state without being licensed under this chapter.
51          (b) The practice of direct-entry midwifery is not considered the practice of medicine,
52     nursing, or nurse-midwifery.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
1/25/2016 Bill Numbered but not DistributedLegislative Research and General Counsel
1/25/2016 Numbered Bill Publicly DistributedLegislative Research and General Counsel
1/25/2016 LFA/ bill sent to agencies for fiscal inputLegislative Research and General Counsel
1/26/2016 House/ received bill from Legislative ResearchClerk of the House
1/26/2016 LFA/ fiscal note sent to sponsorClerk of the House
1/27/2016 House/ 1st reading (Introduced)House Rules Committee
2/2/2016 LFA/ fiscal note publicly availableHouse Rules Committee
2/2/2016 House/ received fiscal note from Fiscal AnalystHouse Rules Committee
2/3/2016 House/ to standing committeeHouse Business and Labor Committee
2/8/2016 House Comm - Amendment RecommendationHouse Business and Labor Committee
2/8/2016 House Comm - Favorable RecommendationHouse Business and Labor Committee11 1 2
2/9/2016 (12:09:47 PM)House/ comm rpt/ amendedHouse Business and Labor Committee
2/9/2016 (12:09:48 PM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/18/2016 (3:27:11 PM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
2/18/2016 (3:36:14 PM)House/ passed 3rd readingSenate Secretary55 17 3
2/18/2016 (3:36:16 PM)House/ to SenateSenate Secretary
2/18/2016 Senate/ received from HouseWaiting for Introduction in the Senate
2/19/2016 Senate/ 1st reading (Introduced)Senate Rules Committee
2/22/2016 Senate/ to standing committeeSenate Health and Human Services Committee
2/24/2016 Senate Comm - Amendment RecommendationSenate Health and Human Services Committee
2/24/2016 Senate Comm - Favorable RecommendationSenate Health and Human Services Committee4 0 2
2/25/2016 (10:16:28 AM)Senate/ comm rpt/ amendedSenate Health and Human Services Committee
2/25/2016 (10:16:29 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
3/2/2016 (11:15:07 AM)Senate/ 2nd readingSenate 2nd Reading Calendar
3/2/2016 (11:15:22 AM)Senate/ circledSenate 2nd Reading CalendarVoice vote
3/2/2016 (3:29:32 PM)Senate/ uncircledSenate 2nd Reading CalendarVoice vote
3/2/2016 (3:31:45 PM)Senate/ passed 2nd readingSenate 3rd Reading Calendar25 0 4
3/3/2016 (2:55:29 PM)Senate/ 3rd readingSenate 3rd Reading Calendar
3/3/2016 (2:57:41 PM)Senate/ passed 3rd readingClerk of the House24 0 5
3/3/2016 (2:57:42 PM)Senate/ to House with amendmentsClerk of the House
3/3/2016 (4:19:57 PM)House/ received from SenateClerk of the House
3/3/2016 (4:19:58 PM)House/ placed on Concurrence CalendarHouse Concurrence Calendar
3/4/2016 (10:53:33 AM)House/ refuse to concur with Senate amendmentSenate SecretaryVoice vote
3/4/2016 (10:53:34 AM)House/ to SenateSenate Secretary
3/4/2016 (2:21:34 PM)Senate/ recedes from Senate amendmentSenate PresidentVoice vote
3/4/2016 Senate/ passed 3rd readingSenate President24 0 5
3/4/2016 Senate/ signed by President/ returned to HouseHouse Speaker
3/4/2016 Senate/ to HouseHouse Speaker
3/4/2016 House/ received from SenateHouse Speaker
3/4/2016 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/7/2016 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/8/2016 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/15/2016 Enrolled Bill Returned to House or SenateClerk of the House
3/15/2016 House/ enrolled bill to PrintingClerk of the House
3/16/2016 House/ to GovernorExecutive Branch - Governor
3/21/2016 Governor SignedLieutenant Governor's office for filing