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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled SB 156                                                                                                         
01 Relating to direct-entry midwives.                                                                                      
02                           _______________                                                                               
03    * Section 1. AS 08.64.370 is amended to read:                                                                      
04            Sec. 08.64.370. Exceptions to application of chapter. This chapter does not                                
05       apply to                                                                                                          
06                 (1)  officers in the regular medical service of the armed services of the                               
07       United States or the United States Public Health Service while in the discharge of their                          
08       official duties;                                                                                                  
09                 (2)  a physician or osteopath, who is not a resident of this state, who is                              
10       asked by a physician or osteopath licensed in this state to help in the diagnosis or                              
11       treatment of a case;                                                                                              
12                 (3)  the practice of the religious tenets of a church;                                                  
13                 (4)  a physician in the regular medical service of the United States                                    
14       Public Health Service or the armed services of the United States volunteering services                            
15       without pay or other remuneration to a hospital, clinic, medical office, or other                                 
01       medical facility in the state;                                                                                    
02                 (5)  a person who is certified as a direct-entry midwife by the                                         
03       department under AS 08.65 [OR WHO IS EXCLUDED FROM REGISTRATION                                                   
04       UNDER AS 08.65.170(3) AND (4)] while engaged in the practice of midwifery                                         
05       whether or not the person accepts compensation for those services.                                                
06    * Sec. 2. AS 08.65.030(a) is amended to read:                                                                    
07            (a)  The board shall                                                                                         
08                 (1)  examine applicants and issue certificates to those applicants it finds                             
09       qualified;                                                                                                        
10                 (2)  adopt regulations establishing certification and certificate renewal                               
11       requirements;                                                                                                     
12                 (3)  issue permits to apprentice direct-entry midwives;                                                 
13                 (4)  hold hearings and order the disciplinary sanction of a person who                                  
14       violates this chapter or a regulation of the board;                                                               
15                 (5)  supply forms for applications, licenses, permits, certificates, and                                
16       other papers and records;                                                                                         
17                 (6)  enforce the provisions of this chapter and adopt regulations                                       
18       necessary to make the provisions of this chapter effective;                                                       
19                 (7)  approve curricula and adopt standards for basic education, training,                               
20       and apprentice programs;                                                                                          
21                 (8)  provide for surveys of the basic direct-entry midwife education                                    
22       programs in the state at the times it considers necessary;                                                        
23                 (9)  approve education, training, and apprentice programs that meet the                                 
24       requirements of this chapter and of the board, and deny, revoke, or suspend approval                              
25       of those [SUCH] programs for failure to meet the requirements;                                            
26                 (10)  adopt regulations establishing practice requirements for                                      
27       certified direct-entry midwives under AS 08.65.140.                                                           
28    * Sec. 3. AS 08.65.090(b) is amended to read:                                                                    
29            (b)  An apprentice direct-entry midwife may perform all the activities of a                                  
30       certified direct-entry midwife if supervised in a manner prescribed by the board by                               
31                 (1)  A certified direct-entry [CERTIFIED-DIRECT-ENTRY] midwife                                      
01       who has been licensed and practicing in this state for at least two years and has acted                       
02       as a primary or assistant midwife at 50 or more births since the date the certified                           
03       direct-entry midwife was first licensed;                                                                      
04                 (2)  a certified direct-entry midwife who has been licensed for at least                                
05       two years in a state with licensing requirements at least equivalent in scope, quality,                           
06       and difficulty to those of this state at the time of licensing, [WHO IS CERTIFIED IN                              
07       THIS STATE, AND WHO] has practiced midwifery for the last two years, and has                                  
08       acted as a primary or assistant midwife at 50 or more births since the date the                               
09       certified direct-entry midwife was first licensed;                                                            
10                 (3)  a physician licensed in this state with an obstetrical practice at the                             
11       time of undertaking the apprenticeship; or                                                                        
12                 (4)  a certified nurse midwife licensed by the Board of Nursing in this                                 
13       state with an obstetrical practice at the time of undertaking the apprenticeship.                                 
14    * Sec. 4. AS 08.65.140 is repealed and reenacted to read:                                                          
15            Sec. 08.65.140. Required practices. The board shall adopt regulations                                      
16       regarding the practice of direct-entry midwifery. At a minimum, the regulations must                              
17       require that a certified direct-entry midwife                                                                     
18                 (1)  recommend, before care or delivery of a client, that the client                                    
19       undergo a physical examination performed by a physician, physician assistant,                                     
20       advanced nurse practitioner, or certified nurse midwife who is licensed in this state;                            
21                 (2)  obtain informed consent from a client before onset of labor;                                       
22                 (3)  comply with AS 18.15.150 regarding taking of blood samples,                                        
23       AS 18.15.200 regarding screening of phenylketonuria (PKU), AS 18.50.160 regarding                                 
24       birth registration, AS 18.50.230 regarding registration of deaths, AS 18.50.240                                   
25       regarding fetal death registration, and regulations adopted by the Department of                                  
26       Health and Social Services concerning prophylactic treatment of the eyes of newborn                               
27       infants;                                                                                                          
28                 (4)  not knowingly deliver a woman with certain types of health                                         
29       conditions, prior history, or complications as specified by the board.                                            
30    * Sec. 5. AS 08.65.190(3) is repealed and reenacted to read:                                                       
31                 (3)  "practice of midwifery" means providing necessary supervision,                                     
01       health care, preventative measures, and education to women during pregnancy, labor,                               
02       and the postpartum period; conducting deliveries on the midwife's own responsibility;                             
03       providing immediate postpartum care of the newborn infant, well-baby care for the                                 
04       infant through the age of four weeks, and preventative measures for the infant;                                   
05       identifying physical, social, and emotional needs of the newborn and the woman;                                   
06       arranging for consultation, referral, and continued involvement of the midwife on a                               
07       collaborative basis when the care required extends beyond the scope of practice of the                            
08       midwife; providing direct supervision of student and apprentice midwives; and                                     
09       executing emergency measures in the absence of medical assistance, as specified in                                
10       regulations adopted by the board.                                                                                 
11    * Sec. 6. AS 08.65.170(3) and 08.65.170(4) are repealed.                                                           
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