Bill Text: IA HF2169 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for midwife licensure, providing for fees, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-31 - Introduced, referred to State Government. H.J. 178. [HF2169 Detail]
Download: Iowa-2017-HF2169-Introduced.html
House File 2169 - Introduced HOUSE FILE BY KAUFMANN A BILL FOR 1 An Act providing for midwife licensure, providing for fees, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5840YH (3) 87 ss/rh PAG LIN 1 1 Section 1. Section 147.1, subsections 3 and 6, Code 2018, 1 2 are amended to read as follows: 1 3 3. "Licensed" or "certified", when applied to a physician 1 4 and surgeon, podiatric physician, osteopathic physician and 1 5 surgeon, physician assistant, psychologist, chiropractor, 1 6 nurse, dentist, dental hygienist, dental assistant, 1 7 optometrist, speech pathologist, audiologist, pharmacist, 1 8 physical therapist, physical therapist assistant, occupational 1 9 therapist, occupational therapy assistant, orthotist, 1 10 prosthetist, pedorthist, respiratory care practitioner, 1 11 practitioner of cosmetology arts and sciences, practitioner 1 12 of barbering, funeral director, dietitian, marital and family 1 13 therapist, mental health counselor, respiratory care and 1 14 polysomnography practitioner, polysomnographic technologist, 1 15 social worker, massage therapist, midwife, athletic trainer, 1 16 acupuncturist, nursing home administrator, hearing aid 1 17 specialist, or sign language interpreter or transliterator 1 18 means a person licensed under this subtitle. 1 19 6. "Profession" means medicine and surgery, podiatry, 1 20 osteopathic medicine and surgery, practice as a physician 1 21 assistant, psychology, chiropractic, nursing, dentistry, 1 22 dental hygiene, dental assisting, optometry, speech pathology, 1 23 audiology, pharmacy, physical therapy, physical therapist 1 24 assisting, occupational therapy, occupational therapy 1 25 assisting, respiratory care, cosmetology arts and sciences, 1 26 barbering, mortuary science, marital and family therapy, mental 1 27 health counseling, polysomnography, social work, dietetics, 1 28 massage therapy, midwifery, athletic training, acupuncture, 1 29 nursing home administration, practice as a hearing aid 1 30 specialist, sign language interpreting or transliterating, 1 31 orthotics, prosthetics, or pedorthics. 1 32 Sec. 2. Section 147.13, Code 2018, is amended by adding the 1 33 following new subsection: 1 34 NEW SUBSECTION. 25. For midwifery, the board of midwifery. 1 35 Sec. 3. Section 147.14, subsection 1, Code 2018, is amended 2 1 by adding the following new paragraph: 2 2 NEW PARAGRAPH. x. For midwifery, a total of seven members, 2 3 four members who are licensed midwives under chapter 148H; 2 4 one member who is licensed under chapter 148, is a practicing 2 5 family physician, and has professional experience consulting 2 6 for and collaborating with direct=entry midwives; and two 2 7 members who are not licensed midwives or licensed health care 2 8 providers who have received direct=entry midwifery services and 2 9 who shall represent the general public. 2 10 Sec. 4. Section 147.74, Code 2018, is amended by adding the 2 11 following new subsection: 2 12 NEW SUBSECTION. 26. A midwife licensed under chapter 148H 2 13 may use the words "licensed midwife" or the initials "L.M." 2 14 after the person's name. 2 15 Sec. 5. NEW SECTION. 148H.1 Midwifery licensure ==== 2 16 legislative findings and intent. 2 17 The general assembly recognizes the need for a person to have 2 18 the freedom to choose the manner, cost, and setting for giving 2 19 birth. The general assembly finds that access to prenatal care 2 20 and delivery services is limited by the inadequate number of 2 21 providers of such services and that the practice of midwifery 2 22 may help to reduce this shortage. The general assembly also 2 23 recognizes the need for the safe and effective delivery of 2 24 newborn babies and the health, safety, and welfare of their 2 25 mothers in the delivery process. The general assembly, in 2 26 the interest of public health, promotes the regulation of the 2 27 practice of midwifery in Iowa for the purpose of protecting the 2 28 health and welfare of women and infants. The general assembly 2 29 recognizes that midwifery is a profession in its own right and 2 30 that it is not the practice of medicine or nursing. 2 31 Sec. 6. NEW SECTION. 148H.2 Definitions. 2 32 As used in this chapter, unless the context otherwise 2 33 requires: 2 34 1. "Board" means the board of midwifery created pursuant to 2 35 chapter 147. 3 1 2. "Licensed midwife" means a person who is licensed to 3 2 practice midwifery as provided in this chapter and has obtained 3 3 national certification from the North American registry of 3 4 midwives or a successor organization. 3 5 3. "Midwife" means a person who is trained to give the 3 6 necessary care and advice to a woman during pregnancy, labor, 3 7 and the post=birth period, to conduct normal deliveries on 3 8 the midwife's own responsibility, and to care for the newly 3 9 born infant, and who is able to recognize the warning signs of 3 10 abnormal conditions requiring referral to or collaboration with 3 11 a physician. 3 12 4. "Midwifery" means the practice of attending to a woman 3 13 experiencing a low=risk pregnancy during pregnancy, labor, and 3 14 the post=birth period with the informed consent of the woman, 3 15 and the provision of comprehensive care of the pregnant woman 3 16 during the antepartum phase, intrapartum phase, and postpartum 3 17 phase, and the application of emergency care when necessary. 3 18 5. "Out=of=hospital" means any facility, institution, or 3 19 place which is not an ambulatory surgical center or a hospital, 3 20 such as a birth center as defined in section 135.61 or a 3 21 private home. 3 22 Sec. 7. NEW SECTION. 148H.3 Licensure ==== licensed 3 23 midwifery. 3 24 1. Except as provided in section 148H.7, subsection 1, 3 25 beginning July 1, 2018, every person practicing as a licensed 3 26 midwife in this state shall be licensed pursuant to this 3 27 chapter. The board shall adopt rules pursuant to chapters 17A, 3 28 147, and 272C establishing procedures for the licensure of new 3 29 and practicing midwives. 3 30 2. Prior to obtaining licensure, an applicant shall 3 31 successfully pass an examination prescribed and approved by the 3 32 board by rule demonstrating competencies in at least all of 3 33 the following areas: risk assessment and management; prenatal 3 34 care; management of normal labor, birth, and postpartum; 3 35 newborn care up to six weeks; and adult cardiopulmonary 4 1 resuscitation and newborn resuscitation. 4 2 3. The applicant shall hold a certified professional 4 3 midwife credential issued by the North American registry of 4 4 midwives or any other nationally accredited credential as 4 5 specified by the board. If an applicant has been subject to 4 6 prior revocation of a license to practice medicine or nursing, 4 7 the applicant shall not be eligible for licensure under this 4 8 chapter, except as determined by the board. 4 9 4. The board may request, at the applicant's expense, that 4 10 the department of public safety perform a criminal history 4 11 check and the department of human services perform child and 4 12 dependent adult abuse record checks of the applicant. If an 4 13 applicant has a criminal record or a record of founded child or 4 14 dependent adult abuse, the board shall perform an evaluation to 4 15 determine whether the record warrants denial of licensure. 4 16 Sec. 8. NEW SECTION. 148H.4 Use of title ==== penalty. 4 17 A person shall not use the title "licensed midwife", 4 18 describe or imply that the person is a licensed midwife, or 4 19 represent the person as a licensed midwife unless the person is 4 20 licensed under this chapter or is licensed as a nurse=midwife 4 21 under chapter 152. 4 22 Sec. 9. NEW SECTION. 148H.5 Rules. 4 23 1. The board shall: 4 24 a. Adopt rules relating to standards for professional 4 25 conduct of persons licensed under this chapter. 4 26 b. Adopt rules consistent with this chapter and with 4 27 chapters 17A, 147, and 272C which are necessary for the 4 28 performance of the board's duties. 4 29 c. Act on matters concerning licensure and the processes 4 30 of applying for, granting, suspending, imposing supervisory 4 31 or probationary conditions upon, reinstating, and revoking a 4 32 license. 4 33 d. Administer the provisions of this chapter requiring 4 34 documentation required to demonstrate competence as a midwife, 4 35 and the processing of applications for licenses and license 5 1 renewal. 5 2 e. Develop continuing education requirements as a condition 5 3 of license renewal. 5 4 f. Evaluate requirements for licensure in other states to 5 5 determine if reciprocity may be granted. 5 6 g. Establish and collect licensure fees as provided in 5 7 section 147.80 and retain fees as provided in section 147.82. 5 8 h. Establish procedures for the issuance, renewal, and 5 9 revocation or suspension of a license under this chapter. 5 10 i. Maintain a registry of licensed midwives and statistics 5 11 on the practice of midwifery utilizing vital statistics data. 5 12 2. In developing rules, the board may consult with 5 13 persons knowledgeable regarding the prenatal and postpartum 5 14 birth process, particularly those possessing experience 5 15 with out=of=hospital births, including but not limited to 5 16 persons licensed under chapter 148, certified professional 5 17 midwives, advanced registered nurse practitioners who are 5 18 certified nurse=midwives, and women who have given birth in 5 19 an out=of=hospital setting. In developing rules relating 5 20 to the practice of midwifery, the board shall reflect the 5 21 knowledge and skills identified by the North American registry 5 22 of midwives' current job description for the profession and the 5 23 standards of practice of midwifery established by the national 5 24 association of certified professional midwives or a successor 5 25 organization. 5 26 3. Rules relating to the practice of midwifery shall be 5 27 consistent with the North American registry of midwives' 5 28 current job description for the profession and the standards 5 29 of practice of midwifery established by the national 5 30 association of certified professional midwives or a successor 5 31 organization, and shall not expand the scope of practice of 5 32 midwifery established by the national association of certified 5 33 professional midwives or a successor organization. 5 34 Sec. 10. NEW SECTION. 148H.6 Client disclosure. 5 35 Prior to accepting a patient for midwifery care, a licensed 6 1 midwife shall provide information to the patient indicating all 6 2 of the following: 6 3 1. Evidence that the care provider is a licensed midwife 6 4 meeting the requirements of this chapter. 6 5 2. Whether the licensed midwife has malpractice liability 6 6 insurance coverage and the policy limits of such coverage. 6 7 3. The midwife's educational background and relevant 6 8 experience, including experience in various birth settings. 6 9 4. The nature, scope, and location of the care to be 6 10 given, including the possibility of and the guidelines for 6 11 consultation, referral, or transfer of the patient to a 6 12 hospital from an out=of=hospital setting. 6 13 Sec. 11. NEW SECTION. 148H.7 Exceptions. 6 14 1. This chapter does not prevent qualified members of other 6 15 professions including but not limited to individuals licensed 6 16 under chapter 148 or 152 from providing services consistent 6 17 with the nature of the practice of midwifery. 6 18 2. This chapter does not prevent or prohibit a student 6 19 midwife from performing tasks related to the practice of 6 20 midwifery under the supervision of a licensed midwife, a 6 21 certified nurse=midwife, or a licensed physician during 6 22 completion of the licensure process. 6 23 3. The practice of midwifery in this state prior to July 1, 6 24 2018, shall not constitute grounds for disciplinary action by 6 25 the board. The board may issue a license to a person who has 6 26 practiced midwifery in this state prior to that date upon that 6 27 person's application and compliance with the provisions of this 6 28 chapter and the rules adopted pursuant to this chapter. 6 29 Sec. 12. NEW SECTION. 148H.8 Requirements for licensure ==== 6 30 temporary license. 6 31 Beginning July 1, 2018, an individual who does not meet 6 32 the requirements for licensure by examination pursuant to 6 33 section 148H.3 may apply for a one=year temporary license, the 6 34 qualifications for which shall be determined by the board by 6 35 rule. Renewal of the temporary license shall be determined 7 1 by the board. The board may revoke a temporary license if it 7 2 determines that the temporary licensee has violated standards 7 3 established by rule. 7 4 Sec. 13. Section 272C.1, subsection 6, Code 2018, is amended 7 5 by adding the following new paragraph: 7 6 NEW PARAGRAPH. ah. The board of midwifery, created pursuant 7 7 to chapter 147. 7 8 Sec. 14. Section 272C.4, subsection 6, Code 2018, is amended 7 9 to read as follows: 7 10 6. Define by rule acts or omissions that are grounds for 7 11 revocation or suspension of a license under section 100D.5, 7 12 105.22, 147.55, 148.6, 148B.7, 148H.5, 152.10, 153.34, 154A.24, 7 13 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, 7 14 or 602.3203 or chapter 151 or 155, as applicable, and to define 7 15 by rule acts or omissions that constitute negligence, careless 7 16 acts, or omissions within the meaning of section 272C.3, 7 17 subsection 2, paragraph "b", which licensees are required to 7 18 report to the board pursuant to section 272C.9, subsection 2. 7 19 Sec. 15. INITIAL APPOINTMENTS. 7 20 1. Notwithstanding any provision to the contrary in this 7 21 Act, the initial midwife appointees to the board of midwifery 7 22 created pursuant to this Act shall fulfill the national 7 23 certification requirements of the North American registry of 7 24 midwives or a successor organization. 7 25 2. One of the initial midwife appointments to the board 7 26 shall be appointed for a one=year term, one shall be appointed 7 27 for a two=year term, and one shall be appointed for a 7 28 three=year term. The member who is licensed under chapter 7 29 148 shall be appointed for a two=year term, and the members 7 30 representing the general public shall each be appointed to a 7 31 three=year term. 7 32 EXPLANATION 7 33 The inclusion of this explanation does not constitute agreement with 7 34 the explanation's substance by the members of the general assembly. 7 35 This bill creates new Code chapter 148H that provides for 8 1 the licensure of midwives beginning July 1, 2018. A midwife, 8 2 as defined by the bill, provides comprehensive maternity care 8 3 to low=risk women during the antepartum, intrapartum, or 8 4 postpartum period. 8 5 The bill provides for the establishment of a seven=member 8 6 board of midwifery consisting of four members who are midwives, 8 7 one physician, and two members who represent the general 8 8 public. The bill provides for fees to fund the board and 8 9 provides penalties for violation of the licensure requirement; 8 10 those penalties are set out for all health=related boards in 8 11 Code chapters 147 and 272C. Code section 147.86 provides that 8 12 it is a serious misdemeanor to violate a provision of the 8 13 licensing laws. 8 14 The board is similar in composition and responsibilities to 8 15 other health=related licensing boards. 8 16 The bill provides that a midwife practicing prior to 8 17 the effective date of the bill is not required to take an 8 18 examination for licensure. LSB 5840YH (3) 87 ss/rh
