Bill Text: MI SB0383 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Health; occupations; midwives; provide for licensing and regulation. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16326 & pt. 171.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2015-06-09 - Referred To Committee On Health Policy [SB0383 Detail]
Download: Michigan-2015-SB0383-Introduced.html
SENATE BILL No. 383
June 9, 2015, Introduced by Senators GREEN, HORN, MACGREGOR, HANSEN and SCHMIDT and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 16326 and part
171.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16326. Fees for an individual licensed or seeking
2 licensure to practice as a midwife under part 171 are as follows:
3 |
(a) Application processing fee................... $ 20.00 |
4 |
(b) License fee, per year........................ 75.00 |
5 |
(c) Student license fee, per year................ 10.00 |
6 |
(d) Temporary license............................ 10.00 |
7 |
(e) Limited license, per year.................... 10.00 |
8 PART 171. MIDWIFERY
9 Sec. 17101. (1) As used in this part:
1 (a) "Appropriate health professional", for the purposes of
2 referral, consultation, or collaboration with a midwife under
3 this part, means any of the following:
4 (i) A physician.
5 (ii) A certified nurse midwife.
6 (iii) As identified in rules promulgated under section 17117,
7 another appropriate health professional licensed, registered, or
8 otherwise authorized to engage in a health profession under this
9 article.
10 (b) "Certified nurse midwife" means a registered
11 professional nurse under part 172 who has been issued a specialty
12 certification in the profession specialty field of nurse
13 midwifery by the board of nursing under section 17210.
14 (c) "Midwife" means an individual who is licensed under this
15 part to engage in the practice of midwifery.
16 (d) "Physician" means an individual who is licensed to
17 engage in the practice of medicine under part 170 or the practice
18 of osteopathic medicine and surgery under part 175.
19 (e) "Practice of midwifery", subject to subsection (2),
20 means providing maternity care that is consistent with a
21 midwife's training, education, and experience, to women and
22 neonates during the antepartum, intrapartum, and postpartum
23 periods.
24 (2) Practice of midwifery does not include either of the
25 following:
26 (a) The practice of medicine or osteopathic medicine and
27 surgery.
1 (b) The practice of nursing, including the practice of
2 nursing with a specialty certification in the profession
3 specialty field of nurse midwifery under part 172.
4 (3) In addition to the definitions of this part, article 1
5 contains general definitions and principles of construction
6 applicable to all articles in this code and part 161 contains
7 definitions applicable to this part.
8 Sec. 17103. Beginning the effective date of rules
9 promulgated under section 17117, an individual shall not use the
10 titles "licensed midwife" or "l.m.", or similar words or initials
11 that indicate that the individual is licensed as a midwife,
12 unless the individual is licensed under this part.
13 Sec. 17105. (1) Beginning on the effective date of rules
14 promulgated under section 17117, an individual shall not engage
15 in the practice of midwifery unless he or she is licensed under
16 this part or is otherwise authorized by this article.
17 (2) A midwife shall not perform an act, task, or function
18 within the practice of midwifery unless he or she is trained to
19 perform the act, task, or function and the performance of that
20 act, task, or function is consistent with the rules promulgated
21 under section 17117.
22 (3) In addition to the exemptions from licensure under
23 section 16171, subsection (1) does not prevent any of the
24 following:
25 (a) An individual licensed, registered, or certified under
26 any other part or act from performing activities that are
27 considered to be within the practice of midwifery if those
1 activities are within the individual's scope of practice and if
2 the individual does not use the titles protected under section
3 17103.
4 (b) Subject to section 16215, an employee or other
5 individual who is assisting a midwife; who is under the midwife's
6 supervision; and who is performing activities or functions that
7 are delegated by the midwife, that are nondiscretionary, that do
8 not require the exercise of professional judgment for their
9 performance, and that are within the midwife's authority to
10 perform.
11 (c) An individual from performing activities that are within
12 the practice of midwifery if those activities are performed under
13 the direct and immediate supervision of an appropriate health
14 professional during completion of the North American Registry of
15 Midwives Portfolio Evaluation Process or as a student at a
16 midwifery education program accredited by the Midwifery Education
17 Accreditation Council or another accrediting body approved by the
18 board.
19 (d) Self-care by a patient or uncompensated care by a friend
20 or family member who does not represent or hold himself or
21 herself out to be a midwife.
22 (e) Services provided by a religious practitioner if that
23 religious practitioner does not hold himself or herself out to
24 the public as a midwife and does not use any of the titles
25 protected under section 17103.
26 (f) Services provided by a member of a bona fide church or
27 religious denomination if all of the following are met:
1 (i) The services are provided to another member of that
2 church or denomination and that other member is an adherent of
3 the established tenets or teachings of that church or
4 denomination and relies on treatment by prayer or spiritual means
5 only, in accordance with the creed or tenets of that church or
6 denomination.
7 (ii) The individual providing the services does not receive a
8 fee for those services. For purposes of this subparagraph, a
9 voluntary contribution is not considered a fee for the services
10 provided by that individual.
11 Sec. 17107. At his or her initial consultation with a
12 patient, a midwife shall establish a protocol for medical
13 emergencies, including transportation to a hospital, that is
14 specific to that patient.
15 Sec. 17109. A midwife shall obtain informed consent from a
16 patient at the inception of care and continuing throughout the
17 patient's care.
18 Sec. 17111. (1) A midwife shall not do any of the following:
19 (a) Except as provided in subsection (2), administer
20 prescription drugs or medications.
21 (b) Use vacuum extractors or forceps.
22 (c) Prescribe medications.
23 (d) Perform surgical procedures other than episiotomies or
24 repairs of perineal lacerations.
25 (e) Any other act, task, or function prohibited in rules
26 promulgated under this part.
27 (2) Beginning on the effective date of, and subject to, the
1 rules described in subsection (3), a midwife who holds a standing
2 prescription from a licensed health care provider with
3 prescriptive authority may administer any of the following:
4 (a) Prophylactic vitamin K to a newborn, either orally or
5 through intramuscular injection.
6 (b) Postpartum antihemorrhagic agents to a mother.
7 (c) Local anesthetic for the repair of lacerations to a
8 mother.
9 (d) Oxygen to a mother or newborn.
10 (e) Prophylactic eye agent to a newborn.
11 (f) Prophylactic Rho(D) immunoglobulin to a mother.
12 (g) Agents for group B streptococcus prophylaxis,
13 recommended by the federal Centers for Disease Control and
14 Prevention, to a mother.
15 (h) Intravenous fluids, excluding blood products, to a
16 mother.
17 (i) Any other drug or medication prescribed by a health care
18 provider with prescriptive authority that is consistent with the
19 scope of the practice of midwifery or authorized by the board by
20 rule.
21 (3) The board shall promulgate rules concerning the
22 administration of prescription drugs or medications described in
23 subsection (2) by midwives.
24 Sec. 17113. (1) The Michigan board of licensed midwifery is
25 created in the department. The board consists of the following 7
26 members who meet the requirements of part 161:
27 (a) Five midwives.
1 (b) Two members of the general public.
2 (2) Except as otherwise provided in this article, the term
3 of office of a member of the board is 4 years and expires on
4 December 31 of the year in which the term expires. For members
5 first appointed under this section, 2 members shall serve for 2
6 years, 2 members shall serve for 3 years, and 3 members shall
7 serve for 4 years.
8 Sec. 17115. If it receives a complete application and
9 payment of the fee prescribed in section 16326, the department
10 shall issue a license under this part to the applicant if the
11 applicant meets all of the following:
12 (a) He or she has received a high school diploma or passed
13 the general educational development (G.E.D.) diploma test or any
14 other high school graduate equivalency examination approved by
15 the board.
16 (b) He or she holds the credential of certified professional
17 midwife from the North American Registry of Midwives or holds an
18 equivalent credential from another accredited midwifery training
19 program approved by the board under section 16148.
20 (c) He or she successfully passes an examination approved by
21 the department in consultation with the board. If the training
22 program described in subdivision (b) includes an examination that
23 meets the requirements of section 16178(1), the board may accept
24 passing of that examination as meeting the requirements of this
25 subdivision.
26 Sec. 17117. (1) On or before the expiration of 24 months
27 after the effective date of this part, the department, in
1 consultation with the board, shall promulgate rules to do all of
2 the following:
3 (a) Establish and implement the licensure program for the
4 practice of midwifery under this part.
5 (b) Subject to section 16204, prescribe the completion of
6 continuing education for the practice of midwifery as a condition
7 for license renewal.
8 (c) Subject to subsections (3) and (4), describe and
9 regulate, limit, or prohibit the performance of acts, tasks, or
10 functions by midwives. The department shall include rules that
11 recognize and incorporate the requirements under section 17107
12 regarding the referral to and consultation with appropriate
13 health professionals.
14 (d) For purposes of section 17109, establish the process by
15 which informed consent is obtained.
16 (2) In addition to the authority to promulgate rules under
17 section 16145 and subject to this section and section 16175, the
18 department, in consultation with the board, may promulgate rules
19 to supplement the requirements for licensure under this part,
20 including the adoption of updated standards applicable to the
21 practice of midwifery established by the North American Registry
22 of Midwives or a successor organization.
23 (3) The department shall not promulgate any rules under this
24 section that limit or restrict the scope of the practice of
25 midwifery established under this article.
26 (4) The department shall not promulgate any rules under this
27 section that limit the authority of a midwife to administer
1 prescription drugs or medications under section 17111(2) or
2 prohibit the administration of any of those drugs or medications
3 by a midwife.
4 Sec. 17119. (1) The department may grant a license under
5 this part to a person who is licensed as a midwife in another
6 state at the time of application if the applicant provides
7 evidence satisfactory to the board and the department that all of
8 the following are met:
9 (a) The applicant meets the requirements of this part and
10 rules promulgated under this part for licensure.
11 (b) There are no pending disciplinary proceedings against
12 the applicant before a similar licensing agency of this or any
13 other state or country.
14 (c) If sanctions have been imposed against the applicant by
15 a similar licensing agency of this or any other state or country
16 based on grounds that are substantially similar to those under
17 this article, as determined by the board, the sanctions are not
18 in force at the time of the application.
19 (d) The other state maintains licensure standards equivalent
20 to or more stringent than those of this state.
21 (2) The board may make an independent inquiry to determine
22 whether an applicant meets the requirements described in
23 subsection (1)(b) and (c).
24 Sec. 17121. This part does not require new or additional
25 third party reimbursement or mandated worker's compensation
26 benefits for services rendered by an individual licensed under
27 this part.
1 Enacting section 1. This amendatory act takes effect 90 days
2 after the date it is enacted into law.