WEST virginia legislature
2017 regular session
Introduced
Senate Bill 23
By Senators Karnes and Rucker
[Introduced February
8, 2017; referred
to the Committee on Health and Human Resources]
A BILL to amend and reenact §16-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5-10a, all relating to defining “midwife”, “certified midwife” and “midwifery”; and requiring persons practicing midwifery in West Virginia to make an annual report to the Bureau for Public Health as prescribed by the section of vital statistics.
Be it enacted by the Legislature of West Virginia:
That §16-5-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §16-5-10a, all to read as follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-1. Definitions.
As used in this article, unless the context otherwise requires, the following terms have the following meanings:
(1) “Bureau” means the Bureau for Public Health within the Department of Health and Human Resources.
(2) “Certified professional midwife” means a person who has met the standards for certification and is certified by the North American Registry of Midwives.
(2) (3) “Commissioner” means the
Commissioner of the Bureau for Public Health within the Department of Health
and Human Resources.
(3) (4) "Date of
filing" means the date a vital record is accepted for registration by the
section of vital statistics of the state Bureau for Public Health.
(4) (5) "Dead body"
means a human body or parts of a human body or bones from the condition of
which it reasonably may be concluded that death occurred.
(5) (6) “Department” means the
Department of Health and Human Resources.
(6) (7) "Deputy local
registrar" means a person appointed by and working under the supervision
of a local registrar in the discharge of the vital statistics functions
specified to be performed in and for the county or other district of the local
registrar.
(7) (8) "Fetal death"
means death prior to the complete expulsion or extraction from its mother of a
product of human conception, irrespective of the duration of pregnancy and
which is not an induced termination of pregnancy, such death being indicated by
the fact that after such expulsion or extraction the fetus does not breathe or
show any other evidence of life such as beating of the heart, pulsation of the
umbilical cord or definite movement of voluntary muscles.
(8) (9) "Filing" means
the presentation and acceptance of a vital record or report provided in this
article for registration by the section of vital statistics of the state Bureau
for Public Health.
(9) (10) "Final
disposition" means the burial, interment, cremation, removal from the
state, or other authorized disposition of a dead body or fetus.
(10) (11) “Induced termination of
pregnancy” means the purposeful interruption of an intrauterine pregnancy with
the intention other than to produce a live-born infant, and which does not
result in live birth. The definition excludes management of prolonged
retention of products of conception following fetal death.
(11) (12) "Institution"
means any establishment, public or private, which provides inpatient or
outpatient medical, surgical, or diagnostic care or treatment, or nursing,
custodial or domiciliary care to two or more unrelated individuals or to which
persons are committed by law.
(12) (13) “Licensed health
professional” means an individual who is licensed by the State of West Virginia
to practice a health profession.
(13) (14) "Live birth"
means the complete expulsion or extraction from its mother of a product of
human conception, irrespective of the duration of pregnancy, which, after such
expulsion or extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite movement of
voluntary muscles, whether or not the umbilical cord has been cut or the
placenta is attached.
(14) (15) "Local
registrar" means the person appointed by the State Registrar of Vital
Statistics for a county or other district to perform the vital statistics
functions specified to be performed in and for the county or other district.
(16) “Midwife” means a person who assists in the management and care of a woman and her infant during the prenatal, delivery and postnatal periods. No physician, hospital, emergency room personnel, emergency medical technician or ambulance personnel shall be liable in any civil action arising out of any injury resulting from an act or omission of a midwife, even if the health care provider has consulted with or accepted a referral from the midwife. A physician who consults with a midwife but who does not examine or treat a client of the midwife shall not be deemed to have created a physician-patient relationship with such client.
(17) “Midwifery” means the practice of performing the service of a midwife for a fee or compensation. The practice of midwifery shall not be subject to the provisions of section ten, article three, chapter thirty; section fourteen, article seven, chapter thirty; and section eight, article fifteen, chapter thirty of the West Virginia Code.
(15) (18) "Physician"
means a person licensed to practice medicine or osteopathy pursuant to the laws
of this state.
(16) (19) "Registration"
means the process by which vital records are completed, filed and incorporated
into the official records of the section of vital statistics.
(17) (20) “Research” means a
systematic investigation designed primarily to develop or contribute to general
knowledge.
(18) (21) "System of vital
statistics" means the registration, collection, preservation, amendment,
certification of vital records, the collection of other reports required by
this article, and related activities, including, but not limited to, the
tabulation, analysis, publication and dissemination of vital statistics.
(19) (22) "Vital
records" means certificates or reports and data related to birth, death,
and marriage, including divorce, dissolution of marriage, and annulment.
(20) (23) "Vital
reports" means reports and related data designated in this article and in
rules.
(21) (24) "Vital
statistics" means the data derived from certificates and reports of birth,
death, fetal death, marriage, divorce, annulment and related records and
reports.
§16-5-10a. Midwifery Birth activity reports.
Persons practicing midwifery in the State of West Virginia shall report to the bureau annually in a manner and form prescribed by the Section of Vital Statistics. The report shall be submitted by January 31 of each year and shall include all of the following:
(1) The person’s name, tax identification number, and amount of liability insurance coverage, if any;
(2) The calendar year being reported;
(3) The total number of clients served;
(4) The total number and county of live births attended as a primary caregiver;
(5) The total number and county of stillbirths attended as a primary caregiver;
(6) The number of patients whose primary care was transferred to another health care provider during the antepartum period and the reason for each transfer;
(7) The number, reason and outcome for each elective hospital transfer;
(8) The number, reason and outcome for each emergency transport of an expectant mother prior to labor; and
(9) A brief description of any complications resulting in the mortality of a mother or an infant.
NOTE: The purpose of this bill is to define "midwife," "certified midwife" and "midwifery.” The bill requires midwives to make an annual report to the Bureau of Public Health.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.