76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2380
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Health
Care)
CHAPTER ................
AN ACT
Relating to direct entry midwifery; creating new provisions;
amending ORS 687.405, 687.470 and 687.495; limiting
expenditures; 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. { + (1) Peer review of a licensed direct entry
midwife conducted under ORS 687.480 is subject to the provisions
of ORS 41.675. Charts and records created during or for the
purpose of the practice of direct entry midwifery are not data
under ORS 41.675.
(2) Peer review that is conducted outside of the Oregon Health
Licensing Agency may not be used to replace agency regulatory
investigations of complaints against licensed direct entry
midwives. + }
SECTION 3. { + (1) As used in this section:
(a) 'Direct entry midwife' means a person practicing direct
entry midwifery as defined in ORS 687.405.
(b) 'Hospital' has the meaning given that term in ORS 442.015.
(2) A person may not bring a cause of action against a
physician licensed under ORS chapter 677 or against a hospital
for injury to a patient if:
(a) The injury occurred as a result of care provided by a
direct entry midwife in a setting outside the hospital; and
(b) The direct entry midwife requested that the patient be
transported to the hospital because the direct entry midwife
could not provide appropriate care to the patient.
(3) This section does not apply to the extent the physician or
hospital contributed to the injury or to a claim of vicarious
liability for care provided by a direct entry midwife.
(4) This section does not limit the liability of a physician or
a hospital for gross negligence or reckless, wanton or
intentional misconduct. + }
SECTION 4. 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;
Enrolled House Bill 2380 (HB 2380-C) Page 1
(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 5. ORS 687.495 is amended to read:
687.495. { + (1) + } { - In cooperation with the State Board
of Direct Entry Midwifery, the Oregon Health Licensing Agency - }
{ + The Center for Health Statistics established under ORS
432.010 + } shall collect and report data on { - births for
which a direct entry midwife was the primary care provider - }
{ + birth and fetal death outcomes occurring in this state,
including intrapartum and neonatal transfers to hospital care
from another birthing facility, hospital or other location. The
center shall report the data by attendant type + }. The report
shall distinguish outcomes between licensed direct entry midwives
and direct entry midwives who are not licensed under ORS 687.405
to 687.495.
{ + (2) The Oregon Health Authority may accept gifts, grants
and contributions from any public or private source for the
purpose of carrying out the provisions of this section. + }
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
Enrolled House Bill 2380 (HB 2380-C) Page 2
(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. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 2 (1), chapter ___, Oregon Laws 2011 (Enrolled Senate
Bill 5529), for the biennium beginning July 1, 2011, as the
maximum limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by the Oregon
Health Authority, is increased by $30,000 for the purpose of
carrying out the provisions of section 5 of this 2011 Act. + }
SECTION 8. { + (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 9. { + 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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Passed by House April 25, 2011
Repassed by House June 27, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 23, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2380 (HB 2380-C) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2380 (HB 2380-C) Page 4