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UNLICENSED DIRECT-ENTRY MIDWIFERY

2     
2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Carol Spackman Moss

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Senate Sponsor: Deidre M. Henderson

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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 21 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.




Legislative Review Note
Office of Legislative Research and General Counsel