In addition to the conduct that constitutes unlawful conduct under Subsection 58-1-501(1), it is unlawful conduct for an individual who is not licensed under this chapter to:
Terms Used In Utah Code 58-77-501
Client: means a woman and her fetus or newborn baby under the care of a direct-entry midwife. See Utah Code 58-77-102
Direct-entry midwife: means an individual who is engaging in the practice of direct-entry midwifery. See Utah Code 58-77-102
Practice of direct-entry midwifery: means the practice of providing the necessary supervision, care, and advice to a client during essentially normal pregnancy, labor, delivery, postpartum, and newborn periods that is consistent with national professional midwifery standards and that is based upon the acquisition of clinical skills necessary for the care of a pregnant woman and a newborn baby, including antepartum, intrapartum, postpartum, newborn, and limited interconceptual care, and includes:
(a)
obtaining an informed consent to provide services;
(b)
obtaining a health history, including a physical examination;
(c)
developing a plan of care for a client;
(d)
evaluating the results of client care;
(e)
consulting and collaborating with and referring and transferring care to licensed health care professionals, as is appropriate, regarding the care of a client;
(f)
obtaining medications, as specified in this Subsection (7)(f), to administer to a client, including:
(i)
prescription vitamins;
(ii)
Rho D immunoglobulin;
(iii)
sterile water;
(iv)
one dose of intramuscular oxytocin after the delivery of a baby to minimize a client's blood loss;
(v)
an additional single dose of oxytocin if a hemorrhage occurs, in which case the licensed direct-entry midwife must initiate transfer if a client's condition does not immediately improve;
(vi)
oxygen;
(vii)
local anesthetics without epinephrine used in accordance with Subsection (7)(l);
(viii)
vitamin K to prevent hemorrhagic disease of a newborn baby;
(ix)
as required by law, eye prophylaxis to prevent opthalmia neonatorum; and
(x)
any other medication approved by a licensed health care provider with authority to prescribe that medication;
(g)
obtaining food, food extracts, dietary supplements, as defined by the federal Food, Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as prescription drugs or controlled substances, and over-the-counter medications to administer to clients;
(h)
obtaining and using appropriate equipment and devices such as a Doppler, a blood pressure cuff, phlebotomy supplies, instruments, and sutures;
(i)
obtaining appropriate screening and testing, including laboratory tests, urinalysis, and ultrasound scans;
(j)
managing the antepartum period;
(k)
managing the intrapartum period, including:
(i)
monitoring and evaluating the condition of a mother and a fetus;
(ii)
performing an emergency episiotomy; and
(iii)
delivering a baby in any out-of-hospital setting;
(l)
managing the postpartum period, including the suturing of an episiotomy and the suturing of first and second degree natural perineal and labial lacerations, including the administration of a local anesthetic;
(m)
managing the newborn period, including:
(i)
providing care for a newborn baby, including performing a normal newborn baby examination; and
(ii)
resuscitating a newborn baby;
(n)
providing limited interconceptual services in order to provide continuity of care, including:
(i)
breastfeeding support and counseling;
(ii)
family planning, limited to natural family planning, cervical caps, and diaphragms; and
(iii)
pap smears, where each client with an abnormal result is to be referred to an appropriate licensed health care provider; and
(o)
executing the orders of a licensed health care professional, if the orders are within the education, knowledge, and skill of the direct-entry midwife. See Utah Code 58-77-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
represent or hold out that the individual is a licensed direct-entry midwife;
(b)
administer a prescription medication, except oxygen, in the practice of direct-entry midwifery;
(c)
before engaging in the practice of midwifery with a client, fail to obtain from the client an informed consent statement that includes the following:
(i)
a description of the individual’s midwifery education, training, continuing education, and experience;
(ii)
a statement that the individual is not licensed by the state as a direct-entry midwife;
(iii)
a statement that it is unlawful for the individual to administer to the client a prescription medication, except oxygen, in the practice of direct-entry midwifery;
(iv)
a written plan to address medical issues the client may experience during pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed health care provider or facility, if necessary;
(v)
the name and signature of the individual;
(vi)
the name and signature of the client;
(vii)
the date the individual signed the statement; and
(viii)
the date the client signed the statement; or
(d)
fail to retain for at least 4 years a signed statement from a client described by Subsection (1)(c).
(2)
(a)
Except for conduct that constitutes unlawful conduct under Subsection (1), it is lawful to practice direct-entry midwifery in the state without being licensed under this chapter.
(b)
The practice of direct-entry midwifery is not considered the practice of medicine, nursing, or nurse-midwifery.
