REFERENCE TITLE: midwives; scope of practice

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SB 1157

 

Introduced by

Senators Ward, McComish; Representatives Meyer, Stevens: Livingston

 

 

AN ACT

 

Amending sections 36‑751 and 36‑755, Arizona Revised Statutes; amending title 36, chapter 6, article 7, Arizona Revised Statutes, by adding section 36‑761; relating to midwifery.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-751, Arizona Revised Statutes, is amended to read:

START_STATUTE36-751.  Definitions

In this article, unless the context otherwise requires:

1.  "Complete breech" means that at the time of birth the buttocks of a fetus are pointing downward with both legs folded at the knees and with the feet near the buttocks.

1.  2.  "Department" means the department of health services.

2.  3.  "Director" means the director of the department of health services.

4.  "Frank breech" means that at the time of birth the buttocks of a fetus are pointing downward with both legs folded flat up against the head.

5.  "Incomplete breech" means that at the time of birth the buttocks of a fetus are pointing downward with one leg folded at the knee and with the foot near the buttocks.

3.  6.  "Midwife" means a person who is licensed under this article and who delivers a baby or provides health care related to pregnancy, labor, delivery and postpartum care of the mother and her infant. END_STATUTE

Sec. 2.  Section 36-755, Arizona Revised Statutes, is amended to read:

START_STATUTE36-755.  Powers and duties of the director

A.  The director may adopt rules necessary for the proper administration and enforcement of this article.

B.  The director shall, by rule:

1.  In addition to the prohibitions in section 36‑761, define and describe, consistent with this article and the laws of this state, the duties and limitations of the practice of midwifery.

2.  Adopt standards with respect to the practice of midwifery designed to safeguard the health and safety of the mother and child.

3.  Establish the criteria for granting, denying, suspending and revoking a license in order to protect the health and safety of the mother and child.

4.  Describe and define reasonable and necessary minimum qualifications for midwives, including:

(a)  The ability to read and write.

(b)  Knowledge of the fundamentals of hygiene.

(c)  The ability to recognize abnormal or potentially abnormal conditions during pregnancy, labor and delivery and following birth.

(d)  Knowledge of the laws of this state concerning reporting of births, prenatal blood tests and newborn screening and of the rules pertaining to midwifery.

(e)  Education requirements.

(f)  Age requirements.

(g)  Good moral character. END_STATUTE

Sec. 3.  Title 36, chapter 6, article 7, Arizona Revised Statutes, is amended by adding section 36-761, to read:

START_STATUTE36-761.  Prohibited practice; requirements

A.  In addition to any other prohibitions specified in rule, a midwife who is licensed pursuant to this article shall not accept for midwifery services:

1.  A client who either:

(a)  Has had a previous cesarean section.

(b)  Is pregnant with multiple fetuses.

2.  A client for vaginal delivery who either:

(a)  Has had a previous cesarean section.

(b)  Is pregnant with a fetus in a complete breech, frank breech or incomplete breech presentation.

B.  Any increase in the scope of practice for midwives licensed pursuant to this article must comply with title 32, chapter 31, article 1. END_STATUTE

Sec. 4.  Rulemaking; exemption

For the purposes of implementing the provisions of this act, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

Sec. 5.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.