58-77-601 - Standards of practice.
58-77-601. Standards of practice.
(1) (a) Prior to providing any services, a licensed Direct-entry midwife must obtain aninformed consent from a client.
(b) The consent must include:
(i) the name and license number of the Direct-entry midwife;
(ii) the client's name, address, telephone number, and primary care provider, if the clienthas one;
(iii) the fact, if true, that the licensed Direct-entry midwife is not a certified nursemidwife or a physician;
(iv) a description of the licensed Direct-entry midwife's education, training, continuingeducation, and experience in midwifery;
(v) a description of the licensed Direct-entry midwife's peer review process;
(vi) the licensed Direct-entry midwife's philosophy of practice;
(vii) a promise to provide the client, upon request, separate documents describing therules governing licensed Direct-entry midwifery practice, including a list of conditions indicatingthe need for consultation, collaboration, referral, transfer or mandatory transfer, and the licensedDirect-entry midwife's personal written practice guidelines;
(viii) a medical back-up or transfer plan;
(ix) a description of the services provided to the client by the licensed Direct-entrymidwife;
(x) the licensed Direct-entry midwife's current legal status;
(xi) the availability of a grievance process;
(xii) client and licensed Direct-entry midwife signatures and the date of signing; and
(xiii) whether the licensed Direct-entry midwife is covered by a professional liabilityinsurance policy.
(2) A licensed Direct-entry midwife shall:
(a) (i) limit the licensed Direct-entry midwife's practice to a normal pregnancy, labor,postpartum, newborn and interconceptual care, which for purposes of this section means anormal labor:
(A) that is not pharmacologically induced;
(B) that is low risk at the start of labor;
(C) that remains low risk through out the course of labor and delivery;
(D) in which the infant is born spontaneously in the vertex position between 37 and 43completed weeks of pregnancy; and
(E) except as provided in Subsection (2)(a)(ii), in which after delivery, the mother andinfant remain low risk; and
(ii) the limitation of Subsection (2)(a)(i) does not prohibit a licensed Direct-entrymidwife from delivering an infant when there is:
(A) intrauterine fetal demise; or
(B) a fetal anomaly incompatible with life; and
(b) appropriately recommend and facilitate consultation with, collaboration with, referralto, or transfer or mandatory transfer of care to a licensed health care professional when thecircumstances require that action in accordance with this section and standards established bydivision rule.
(3) If after a client has been informed that she has or may have a condition indicating the
need for medical consultation, collaboration, referral, or transfer and the client chooses todecline, then the licensed Direct-entry midwife shall:
(a) terminate care in accordance with procedures established by division rule; or
(b) continue to provide care for the client if the client signs a waiver of medicalconsultation, collaboration, referral, or transfer.
(4) If after a client has been informed that she has or may have a condition indicating theneed for mandatory transfer, the licensed Direct-entry midwife shall, in accordance withprocedures established by division rule, terminate the care or initiate transfer by:
(a) calling 911 and reporting the need for immediate transfer;
(b) immediately transporting the client by private vehicle to the receiving provider; or
(c) contacting the physician to whom the client will be transferred and following thatphysician's orders.
(5) The standards for consultation and transfer under Subsection 58-77-204(4) are theminimum standards that a licensed Direct-entry midwife must follow. A licensed Direct-entrymidwife shall initiate consultation, collaboration, referral, or transfer of a patient sooner thanrequired by Subsection 58-77-204(4) or administrative rule if in the opinion and experience ofthe licensed Direct-entry midwife, the condition of the client or infant warrant a consultation,collaboration, referral, or transfer.
(6) For the period from 2006 through 2011, a licensed Direct-entry midwife must submitoutcome data to the Midwives' Alliance of North America's Division of Research on the formand in the manner prescribed by rule.
(7) This chapter does not mandate health insurance coverage for midwifery services.
Amended by Chapter 365, 2008 General Session