Bill Text: OR HB2380 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to direct entry midwifery; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-08-02 - Chapter 650, (2011 Laws): Effective date August 2, 2011. [HB2380 Detail]

Download: Oregon-2011-HB2380-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1064

                           A-Engrossed

                         House Bill 2380
                  Ordered by the House April 19
            Including House Amendments dated April 19

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Health
  Care)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Requires direct entry midwives to be licensed by Oregon
Health Licensing Agency before January 1, 2016. - }
  Provides for confidentiality of information disclosed during
peer review { +  by direct entry midwife + }.
  Allows State Board of Direct Entry Midwifery to approve legend
drugs and devices for use by direct entry midwives.
   { +  Eliminates member from State Board of Direct Entry
Midwifery. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to direct entry midwifery; creating new provisions;
  amending ORS 687.405, 687.470, 687.493 and 687.495; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 687.405 to 687.495. + }
  SECTION 2.  { + Information disclosed during a peer review
required under ORS 687.480 by a direct entry midwife who is
subject to the peer review is confidential, may not be disclosed
by any direct entry midwife performing the peer review and is not
admissible as evidence in any civil or criminal proceeding. + }
  SECTION 3. ORS 687.405 is amended to read:
  687.405. As used in ORS 687.405 to 687.495, '  { - licensed - }
direct entry   { - midwife - }  { +  midwifery + } ' means
 { - a person who - } :
  (1)   { - Supervises - }   { + Supervision of + } the conduct
of labor and childbirth;
  (2)   { - Advises the - }   { + Providing advice to a + }
parent as to the progress of   { - the - }  childbirth;
 { - and - }  { +  or + }
  (3)   { - Renders - }   { + Rendering + } prenatal, intrapartum
and postpartum care.
  SECTION 4. ORS 687.495 is amended to read:
  687.495. In cooperation with the State Board of Direct Entry
Midwifery, the Oregon Health Licensing Agency shall collect and
report data on births for which a direct entry midwife was the
primary care provider. The report shall distinguish outcomes
between   { - licensed - }  direct entry midwives  { + who are
licensed under ORS 687.405 to 687.495 + } and direct entry
midwives who are not licensed under ORS 687.405 to 687.495.
  SECTION 5. ORS 687.493 is amended to read:
  687.493. (1) A midwife licensed under ORS 687.405 to 687.495
may purchase and administer authorized scheduled legend drugs and
devices that are used in pregnancy, birth, postpartum care,
newborn care or resuscitation and that are deemed integral to
providing safe care to the public by the State Board of Direct
Entry Midwifery by rule.
    { - (2) Legend drugs authorized under subsection (1) of this
section are limited: - }
    { - (a) For neonatal use to prophylactic ophthalmic
medications, vitamin K and oxygen; and - }
    { - (b) For maternal use to postpartum antihemorrhagics,
Rho(D) immune globulin, epinephrine, intravenous fluids, local
anesthetic and oxygen. - }
    { - (3) Legend devices authorized under subsection (1) of
this section are limited to devices for injection of medications,
for the administration of intravenous fluids, for adult and
infant resuscitation and for rupturing the amniotic
membranes. - }
    { - (4) - }   { + (2) + } A pharmacist who dispenses drugs
and devices to a licensed midwife as authorized by this section
and in conformity with the provisions of ORS chapter 689 is not
liable for any adverse reactions caused by administration of the
legend drugs and devices by the midwife.
  SECTION 6. ORS 687.470 is amended to read:
  687.470. (1) There is established within the Oregon Health
Licensing Agency the State Board of Direct Entry Midwifery. The
board consists of   { - eight - }   { + seven + } members
appointed by the Governor and subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565. All
members of the board must be residents of this state. Of the
members of the board:
  (a) Four must be licensed direct entry midwives.
  (b)   { - Two - }   { + One + } must be  { + a + } certified
nurse   { - midwives - }  { +  midwife + }.
  (c) One must be a physician licensed under ORS chapter 677
involved at the time of appointment in obstetrical care or
education.
  (d) One must be a member of the public.
  (2)(a) Board members required to be licensed direct entry
midwives may be selected by the Governor from a list of three to
five nominees for each vacancy, submitted by a professional
organization representing direct entry midwives.
  (b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
  (A) Geographic areas of this state; and
  (B) Ethnic group.
  (3)(a) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year.
Vacancies shall be filled by the Governor by appointment for the
unexpired term. A member shall hold the member's office until the
appointment and qualification of a successor. A member is
eligible for reappointment. If a person serves two consecutive
full terms, a period of at least three years must elapse before
the person is again eligible for appointment to serve on the
board.
  (b) A board member shall be removed immediately from the board
if, during the member's term, the member:
  (A) Is not a resident of this state;

  (B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; or
  (C) Is not a licensed direct entry midwife or a retired direct
entry midwife who was a licensed direct entry midwife in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a direct entry midwife.
  (4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The agency may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
  SECTION 7.  { + (1) The amendments to ORS 687.470 by section 6
of this 2011 Act apply to appointments to the State Board of
Direct Entry Midwifery made on or after the effective date of
this 2011 Act.
  (2) A member serving on the board on the effective date of this
2011 Act continues to serve until the term of office for which
the member was appointed terminates by expiration of time,
resignation from the board or removal of the member from
office. + }
  SECTION 8.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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