AB 1308 — Midwifery.

Summary

Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensing and regulation of midwives by the Board of Licensing of the Medical Board of California. The license to practice midwifery authorizes the holder, under the supervision of a licensed physician and surgeon, as specified, to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn. The act requires a midwife to immediately refer all complications to a physician and surgeon. Under the act, a licensed midwife is required to make certain oral and written disclosures to prospective clients. Under the act, the board is authorized to suspend or revoke the license of a midwife for specified conduct, including unprofessional conduct consisting of, among other things, incompetence or gross negligence in carrying out the usual functions of a licensed midwife. A violation of the act is a crime. This bill would, among other things, no longer require a physician and surgeon to supervise a licensed midwife. The bill would require, if a potential midwife client fails to meet the conditions of a normal pregnancy or childbirth, as defined, but still desires to be a client, that the licensed midwife refer the woman to a physician and surgeon for examination. The bill would require the board to adopt regulations specifying certain of those conditions. The bill would authorize the licensed midwife to assist the woman only if the physician and surgeon determines, after examination, that the risk factors presented by the woman's disease or condition are not likely to significantly affect the course of pregnancy and childbirth. The bill would require a licensed midwife to immediately refer or transfer the client to a physician and surgeon if at any point during pregnancy, childbirth, or postpartum care a client's condition deviates from normal. The bill would authorize the licensed midwife to resume primary care of the client if the physician and surgeon determines that the client's condition or concern has been resolved, and to provide concurrent care if the client's condition or concern has not been resolved, as specified. This bill would additionally authorize a licensed midwife to directly obtain supplies and devices, obtain and administer drugs and diagnostic tests, order testing, and receive reports that are necessary to his or her practice of midwifery and consistent with his or her scope of practice. The bill would require a licensed midwife to make additional disclosures to prospective clients, including, among other things, the specific arrangements for referral of complications to a physician and surgeon, and to obtain written, informed consent of those disclosures, as prescribed. By increasing the duties of a licensed midwife under the Licensed Midwifery Practice Act of 1993, the violation of which is a crime, the bill would impose a state-mandated local program. The bill would authorize the board to suspend or revoke the license of a licensed midwife for failing, when required, to consult with a physician and surgeon, to refer a client to a physician and surgeon, or to transfer a client to a hospital. The bill would require, if a client is transferred to a hospital, that the hospital report each transfer of a planned out-of-hospital birth to, among others, the board, using a form developed by the board. Existing law requires a licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting to annually report specified information to the Office of Statewide Health Planning and Development. This bill would authorize the board, with input from the Midwifery Advisory Council, to adjust the data elements required to be reported to better coordinate with other reporting systems, as specified. Existing law requires an approved midwifery education program to offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. This bill would, beginning January 1, 2015, prohibit new licensees from substituting clinical experience for formal didactic education. Existing law requires a licensed alternative birth center, and a licensed primary care clinic that provides services as an alternative birth center, to meet specified requirements, including the presence of at least 2 attendants during birth, one of whom shall be either a physician and surgeon or a certified nurse-midwife. This bill would provide that a licensed midwife may also satisfy that requirement. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/09/13 - Chaptered Current pdf October 09, 2013
• Enrolled 09/19/13 - Enrolled pdf September 19, 2013
• Amended 09/06/13 - Amended Senate pdf September 06, 2013
• Amended 07/09/13 - Amended Senate pdf July 09, 2013
• Amended 06/13/13 - Amended Senate pdf June 13, 2013
• Amended 03/21/13 - Amended Assembly pdf March 21, 2013
• Introduced 02/22/13 - Introduced pdf February 22, 2013
• AB1308 View text html

Action History

1. October 10, 2013

   Chaptered by Secretary of State - Chapter 665, Statutes of 2013.

2. October 09, 2013

   Approved by the Governor.

3. September 25, 2013

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 12, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 3341.).

5. September 12, 2013

   Assembly Rule 63 suspended. (Page 3340.)

6. September 12, 2013

   From committee: That the Senate amendments be concurred in. (Ayes 13. Noes 0.) (September 12).

7. September 12, 2013

   Joint Rule 62(a), file notice suspended. (Page 3315.)

8. September 12, 2013

   Re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.

9. September 11, 2013

   In Assembly. Concurrence in Senate amendments pending.

10. September 11, 2013

    Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2358.).

11. September 10, 2013

    Ordered to third reading.

12. September 10, 2013

    From committee: Return to Senate floor for consideration. (Ayes 10. Noes 0.) (September 10).

13. September 10, 2013

    From committee: Be re-referred to Com. on B., P. & E.D. Re-referred. (Ayes 5. Noes 0.) (September 10). Re-referred to Com. on B., P. & E.D.

14. September 10, 2013

    Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

15. September 09, 2013

    Read second time. Ordered to third reading.

16. September 06, 2013

    Read third time and amended. Ordered to second reading.

17. August 13, 2013

    Read second time. Ordered to third reading.

18. August 12, 2013

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

19. July 09, 2013

    Read second time and amended. Re-referred to Com. on APPR.

20. July 08, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 1).

21. June 13, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

22. May 29, 2013

    Referred to Com. on B., P. & E.D.

23. May 16, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

24. May 16, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1467.)

25. May 13, 2013

    Read second time. Ordered to third reading.

26. May 09, 2013

    From committee: Do pass. (Ayes 17. Noes 0.) (May 8).

27. April 24, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 23). Re-referred to Com. on APPR.

28. April 01, 2013

    Re-referred to Com. on B.,P. & C.P.

29. March 21, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

30. March 21, 2013

    Referred to Com. on B.,P. & C.P.

31. February 25, 2013

    Read first time.

32. February 24, 2013

    From printer. May be heard in committee March 26.

33. February 22, 2013

    Introduced. To print.

Sponsors

• Bonilla · Primary

Votes

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