58-77-601. Standards of practice.
| (1) |
Terms Used In Utah Code 58-77-601- 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
- Licensed direct-entry midwife: means a person licensed under this chapter. See Utah Code 58-77-102
- Low risk: means a labor and delivery and postpartum, newborn, and interconceptual care that does not include a condition that requires a mandatory transfer under administrative rules adopted by the division. See Utah Code 58-77-102
- Physician: means an individual licensed as a physician and surgeon, osteopathic physician, or naturopathic physician. See Utah Code 58-77-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (a) |
Prior to providing any services, a licensed direct-entry midwife must obtain an informed 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 client has one; |
| (iii) |
the fact, if true, that the licensed direct-entry midwife is not a certified nurse midwife or a physician; |
| (iv) |
a description of the licensed direct-entry midwife’s education, training, continuing education, 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 the rules governing licensed direct-entry midwifery practice, including a list of conditions indicating the need for consultation, collaboration, referral, transfer or mandatory transfer, and the licensed direct-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-entry midwife; |
| (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 liability insurance policy. |
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| (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 a normal 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 43 completed weeks of pregnancy; and |
| (E) |
except as provided in Subsection (2)(a)(ii), in which after delivery, the mother and infant remain low risk; and |
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| (ii) |
the limitation of Subsection (2)(a)(i) does not prohibit a licensed direct-entry midwife from delivering an infant when there is:
| (A) |
intrauterine fetal demise; or |
| (B) |
a fetal anomaly incompatible with life; and |
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| (b) |
appropriately recommend and facilitate consultation with, collaboration with, referral to, or transfer or mandatory transfer of care to a licensed health care professional when the circumstances require that action in accordance with this section and standards established by division rule. |
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| (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 to decline, 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 medical consultation, collaboration, referral, or transfer. |
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| (4) |
If after a client has been informed that she has or may have a condition indicating the need for mandatory transfer, the licensed direct-entry midwife shall, in accordance with procedures 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 that physician’s orders. |
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| (5) |
The standards for consultation and transfer are the minimum standards that a licensed direct-entry midwife must follow. A licensed direct-entry midwife shall initiate consultation, collaboration, referral, or transfer of a patient sooner than required by administrative rule if in the opinion and experience of the licensed direct-entry midwife, the condition of the client or infant warrant a consultation, collaboration, referral, or transfer. |
| (6) |
This chapter does not mandate health insurance coverage for midwifery services. |
Amended by Chapter 238, 2016 General Session
