Medicine 2000-2529.8.1Licensed Midwives
Section § 2505
Section § 2506
This section defines key terms used in the article. It specifies that the 'Board' refers to the Medical Board of California. A 'Licensed midwife' is someone granted permission to practice midwifery under these rules. A 'Certified nurse-midwife' is an individual certified as such under a different set of rules. Lastly, an 'Accrediting organization' is any organization approved by the Medical Board of California.
Section § 2507
This law outlines what a licensed midwife in California is allowed to do. A midwife can assist with normal pregnancies and childbirths, providing prenatal to postnatal care. For pregnancies with certain risk factors, the woman must first be examined by a doctor specialized in obstetrics. If any complications arise, the midwife must refer the client to a doctor, although they can continue to offer care with the doctor's approval. Midwives cannot perform surgeries or use artificial means to assist childbirth but can order supplies and tests as needed.
Section § 2508
This law requires licensed midwives in California to provide specific information to potential clients both verbally and in writing for informed consent. This information includes the scope of midwifery practice, the midwife's license details, and whether they have liability insurance. Clients must be informed that midwives are not supervised by doctors and that certain conditions may necessitate consulting or transferring care to a physician. The law mandates that all disclosures and consents are signed and recorded, and provides guidance on reporting complaints. A form for these disclosures may be prescribed by the Medical Board of California.
Section § 2509
This section requires the board to set up a Midwifery Advisory Council. The council should include licensed midwives and members of the public interested in midwifery, such as home births advocates. At least half of the council members must be licensed midwives in California, and the council will provide recommendations on topics assigned by the board.
Section § 2510
If a client under a midwife's care is transferred to a hospital, the midwife must give their medical records and consult with the hospital doctor about the labor. The hospital must then report this transfer of a planned home birth to the appropriate medical authorities using a special form.
Section § 2511
This law outlines that only people who are officially licensed by the board to practice midwifery can call themselves licensed midwives or use terms suggesting they are a licensed midwife. However, it also states that this rule doesn't stop certified nurse-midwives, who are certified under a different set of rules, from calling themselves nurse-midwives or using the initials 'CNM.'
Section § 2511.5
If you want to apply to become a licensed midwife, you must fill out a form provided by the board, which you can do online or with another type of form. When you fill out the application, you have to swear that all the information you give is true, and this includes any supporting documents. If you're lying, you could be charged with perjury, which is a serious offense.
Section § 2512
This law states that if someone meets all the requirements and pays the necessary fee, they will be granted a license to practice midwifery.
Section § 2512.5
To qualify for a midwifery license in California, you need to complete a three-year midwifery education program that's approved and accredited. This program should include at least 84 semester units and must cover both academic and clinical training, parallel to what's offered by the American College of Nurse Midwives but not identical. You'll need to pass a comprehensive exam adopted by the board. The curriculum spans areas like maternal and child health, communications, anatomy, and various aspects of pregnancy and newborn care. It also includes psychosocial and cultural aspects, legal and ethical issues, and the midwifery management process. Alternatively, if you complete a similar education program recognized by the board and hold a current midwife license from another state with equivalent standards, you may also qualify.
Section § 2513
This section discusses the requirements for midwifery education programs in California. Programs must allow students to earn credit through exams for their prior experience and education in midwifery. Students must demonstrate their skills through practical exams approved by the board. As of 2015, new midwives cannot replace formal education with just clinical experience. Clinical experiences must be confirmed by currently practicing professionals, such as licensed midwives and physicians. Finally, applicants must pass a licensing exam as part of their certification process.
Section § 2513.5
This law requires the Medical Board of California to submit fingerprint data of all midwife license applicants to the Department of Justice. This is done to check if they have a criminal record in California, other states, or even foreign countries. Based on this information, the Department of Justice will inform the board whether the applicant might be disqualified from getting a license due to their criminal history.
Section § 2514
This law says that a genuine student can practice midwifery in California if they are part of an educational program and meet two conditions. First, the student must be supervised by a licensed midwife, nurse-midwife, or doctor who is always on-site when client services are provided. Secondly, the client must be told that the person is a student. A 'bona fide student' is anyone enrolled in an approved midwifery education program or a three-year clinical training program.
Section § 2514.5
This section requires a board to establish and regularly update educational requirements for midwifery in line with national standards. Initially set 60 days after January 1, 1998, these requirements need to be reviewed and potentially revised every two years, following public hearings. Additionally, a written examination must be adopted by July 1, 1994.
Section § 2515
This law states that certain educational programs must be approved and accredited by a recognized organization to meet specific study, experience, and clinical evaluation requirements set by other related sections. This ensures that programs provide the necessary academic and practical preparation.
Section § 2515.5
This law requires that any person applying must prove they've met the education standards set by the relevant board, or provide evidence that is equivalent to those standards.
Section § 2516
Licensed midwives in California who help with births outside of hospitals must report annually to the Department of Health Care Access and Information by March 30. This report includes details like the number of clients, types of births, transfers to hospitals, and any complications. The department keeps this information confidential and cannot share it with law enforcement or regulatory bodies. If midwives don't submit the report, they can't renew their licenses until they do. The department uses a coding system to process the data, and the aggregated data is reported to the board and included in an annual report to the Legislature. Changes to reporting requirements can be made to align with other systems, and failure to comply with these rules is not a criminal offense.
Section § 2516.5
This law section defines what a 'midwife assistant' is and outlines the specific tasks they can perform under the supervision of licensed midwives or certified nurse-midwives. A midwife assistant, who may be unlicensed, needs to be at least 18 years old and trained according to certain medical assistant standards. They can help with routine medical tasks, administer medications in specific ways, assist in newborn care, and collect patient data, among other supportive services. However, they cannot perform tasks requiring clinical lab tests or work in inpatient care at general acute care hospitals. This law does not permit midwife assistants to be licensed or administer local anesthetics.
Section § 2517
If someone was convicted of a misdemeanor under Section 2052 before this law came into effect, that conviction alone can't stop them from getting a license under this article.
Section § 2518
If you have a midwifery license, you need to renew it every two years by paying a fee and proving you've completed 36 hours of relevant continuing education. If you forget to renew, your license will expire, but you can reactivate it within five years by meeting certain requirements. However, if you switch to a retired status, you don't have to pay renewal fees or do continuing education, but you can't practice midwifery anymore.
Section § 2519
This law allows the board to take disciplinary actions like suspending, revoking, or putting a midwife's license on probation for various reasons. These reasons include unprofessional conduct such as incompetence, fraudulent advertising, or misuse of drugs and alcohol. It also covers cases like obtaining a license through deceit, committing crimes related to midwifery duties, and helping others violate midwifery laws. Failing to consult, refer, or transfer a client when necessary, as well as falsifying records, are also grounds for disciplinary action.
Section § 2519.5
If there's a complaint about the quality of care regarding midwifery, it needs a preliminary review by medical experts. These experts check if further investigation is needed by looking at relevant records, the midwife's explanations, and any extra evidence the midwife provides. If the requested information isn't received in 10 business days, the board can move forward without it. This process doesn't stop the board from taking emergency actions if required.
Section § 2520
This section outlines various fees related to midwife licenses in California. When you first apply for a license, it costs $450. Renewing a midwife license costs $300 if your license expires after January 1, 2022. If you're late renewing, there’s an extra fee between $25 and $50, depending on the renewal cost at that time. Exam fees are equal to the cost set by whoever administers the exam. If you're put on probation, you'll also have to pay for the costs of monitoring. All collected fees are put into a special fund to support these activities.
Section § 2521
If someone breaks the rules in this article, they commit a misdemeanor, which is a minor crime.
Section § 2522
If a person's professional license in California has been surrendered, revoked, or suspended, they can ask to get it back or change any penalties. This request can be made after certain time periods: three years for unprofessional conduct or two years if the board agrees, two years for early end of long probation, and one year for lesser issues like illness. The person must provide facts and recommendations from two licensed midwives. A board panel or an administrative law judge will hear the case and consider the person's history, the offense, and efforts to improve. Requests can't be made if the person is serving a criminal sentence or has certain pending accusations.
Section § 2523
If someone has to register as a sex offender because of actions after January 1, 2017, the board will take away their professional license. However, if they're only registering because of a misdemeanor for indecent exposure, or if they’ve been formally released from the requirement to register as a sex offender, this rule doesn't apply. Any process to remove a license will follow specific government procedures.