CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1767Introduced by Assembly Member Boerner Horvath(Principal coauthor: Senator Kamlager)February 02, 2022 An act to amend Sections 2506, 2508, 2510, 2513, and 2516 of, to add Sections 2505.5, 2505.6, 2506.1, 2506.2, 2506.3, 2506.4, 2506.5, 2506.6, 2506.7, 2506.8, and 2506.9 to, and to repeal Sections 2509 and 2514.5 of, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 1767, as introduced, Boerner Horvath. Midwifery: California Board of Licensed Midwives.Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California and requires the board to create and appoint a Midwifery Advisory Council to make recommendations on matters specified by the board.This bill would eliminate the Midwifery Advisory Council, would establish the California Board of Licensed Midwives within the Department of Consumer Affairs, and would transfer the duties and jurisdiction of the Medical Board of California to the California Board of Licensed Midwives. The bill would make these provisions operative only until January 1, 2027, and, upon repeal of those provisions, would make the California Board of Licensed Midwives subject to review by the appropriate policy committees of the Legislature.This bill would require the California Board of Licensed Midwives to consist of 7 members, subject to specified provisions regarding appointment, term limits, and payment. The bill would authorize that board to hold meetings, as specified, and employ personnel as necessary. The bill would require the board to post specified information on their internet website, and, in consultation with the Office of Statewide Health Planning and Development, utilize a coding system to assist in both effective reporting and the aggregation of data. The bill would authorize the board to adopt, amend, or repeal regulations necessary to enable the board to carry into effect these provisions, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2505.5 is added to the Business and Professions Code, immediately following Section 2505, to read:2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 2. Section 2505.6 is added to the Business and Professions Code, immediately preceding Section 2506, to read:2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.SEC. 3. Section 2506 of the Business and Professions Code is amended to read:2506. As used in this article article, the following definitions shall apply:(a) Board means the Medical Board of California. California Board of Licensed Midwives.(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.(d) Accrediting organization means an organization approved by the board.(e) Office means the Office of Statewide Health Planning and Development.SEC. 4. Section 2506.1 is added to the Business and Professions Code, immediately following Section 2506, to read:2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.SEC. 5. Section 2506.2 is added to the Business and Professions Code, to read:2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.SEC. 6. Section 2506.3 is added to the Business and Professions Code, to read:2506.3. The public members shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.SEC. 7. Section 2506.4 is added to the Business and Professions Code, to read:2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.SEC. 8. Section 2506.5 is added to the Business and Professions Code, to read:2506.5. (a) The board may convene from time to time as it deems necessary.(b) Four members of the board constitute a quorum for the transaction of business at any meeting.(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.SEC. 9. Section 2506.6 is added to the Business and Professions Code, to read:2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 10. Section 2506.7 is added to the Business and Professions Code, to read:2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.SEC. 11. Section 2506.8 is added to the Business and Professions Code, to read:2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article. SEC. 12. Section 2506.9 is added to the Business and Professions Code, to read:2506.9. The board may employ personnel as necessary to carry out this article.SEC. 13. Section 2508 of the Business and Professions Code is amended to read:2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:(1) All of the provisions of Section 2507.(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.(3) The licensed midwifes current licensure status and license number.(4) The practice settings in which the licensed midwife practices.(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.SEC. 14. Section 2509 of the Business and Professions Code is repealed.2509.The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an interest in midwifery practice, including, but not limited to, home births. At least one-half of the council members shall be California licensed midwives. The council shall make recommendations on matters specified by the board.SEC. 15. Section 2510 of the Business and Professions Code is amended to read:2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.SEC. 16. Section 2513 of the Business and Professions Code is amended to read:2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.SEC. 17. Section 2514.5 of the Business and Professions Code is repealed.2514.5.(a)Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board shall update the educational requirements set forth in Sections 2512.5, 2513, and 2514. These updated sections shall reflect national standards for the practice of midwifery and shall be subject to public hearings prior to adoption. The board shall review and update the regulations every two years.(b)The board shall adopt the written examination required by this article by July 1, 1994.SEC. 18. Section 2516 of the Business and Professions Code is amended to read:2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:(1) The midwifes name and license number.(2) The calendar year being reported.(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:(A) The total number of clients served as primary caregiver at the onset of care.(B) The number by county of live births attended as primary caregiver.(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:(i) Twin births.(ii) Multiple births other than twin births.(iii) Breech births.(iv) Vaginal births after the performance of a cesarean section.(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.(K) Any other information prescribed by the board in regulations.(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.(h) Notwithstanding any other law, a violation of this section shall not be a crime.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1767Introduced by Assembly Member Boerner Horvath(Principal coauthor: Senator Kamlager)February 02, 2022 An act to amend Sections 2506, 2508, 2510, 2513, and 2516 of, to add Sections 2505.5, 2505.6, 2506.1, 2506.2, 2506.3, 2506.4, 2506.5, 2506.6, 2506.7, 2506.8, and 2506.9 to, and to repeal Sections 2509 and 2514.5 of, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 1767, as introduced, Boerner Horvath. Midwifery: California Board of Licensed Midwives.Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California and requires the board to create and appoint a Midwifery Advisory Council to make recommendations on matters specified by the board.This bill would eliminate the Midwifery Advisory Council, would establish the California Board of Licensed Midwives within the Department of Consumer Affairs, and would transfer the duties and jurisdiction of the Medical Board of California to the California Board of Licensed Midwives. The bill would make these provisions operative only until January 1, 2027, and, upon repeal of those provisions, would make the California Board of Licensed Midwives subject to review by the appropriate policy committees of the Legislature.This bill would require the California Board of Licensed Midwives to consist of 7 members, subject to specified provisions regarding appointment, term limits, and payment. The bill would authorize that board to hold meetings, as specified, and employ personnel as necessary. The bill would require the board to post specified information on their internet website, and, in consultation with the Office of Statewide Health Planning and Development, utilize a coding system to assist in both effective reporting and the aggregation of data. The bill would authorize the board to adopt, amend, or repeal regulations necessary to enable the board to carry into effect these provisions, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1767
Introduced by Assembly Member Boerner Horvath(Principal coauthor: Senator Kamlager)February 02, 2022
Introduced by Assembly Member Boerner Horvath(Principal coauthor: Senator Kamlager)
February 02, 2022
An act to amend Sections 2506, 2508, 2510, 2513, and 2516 of, to add Sections 2505.5, 2505.6, 2506.1, 2506.2, 2506.3, 2506.4, 2506.5, 2506.6, 2506.7, 2506.8, and 2506.9 to, and to repeal Sections 2509 and 2514.5 of, the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1767, as introduced, Boerner Horvath. Midwifery: California Board of Licensed Midwives.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California and requires the board to create and appoint a Midwifery Advisory Council to make recommendations on matters specified by the board.This bill would eliminate the Midwifery Advisory Council, would establish the California Board of Licensed Midwives within the Department of Consumer Affairs, and would transfer the duties and jurisdiction of the Medical Board of California to the California Board of Licensed Midwives. The bill would make these provisions operative only until January 1, 2027, and, upon repeal of those provisions, would make the California Board of Licensed Midwives subject to review by the appropriate policy committees of the Legislature.This bill would require the California Board of Licensed Midwives to consist of 7 members, subject to specified provisions regarding appointment, term limits, and payment. The bill would authorize that board to hold meetings, as specified, and employ personnel as necessary. The bill would require the board to post specified information on their internet website, and, in consultation with the Office of Statewide Health Planning and Development, utilize a coding system to assist in both effective reporting and the aggregation of data. The bill would authorize the board to adopt, amend, or repeal regulations necessary to enable the board to carry into effect these provisions, as specified.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California and requires the board to create and appoint a Midwifery Advisory Council to make recommendations on matters specified by the board.
This bill would eliminate the Midwifery Advisory Council, would establish the California Board of Licensed Midwives within the Department of Consumer Affairs, and would transfer the duties and jurisdiction of the Medical Board of California to the California Board of Licensed Midwives. The bill would make these provisions operative only until January 1, 2027, and, upon repeal of those provisions, would make the California Board of Licensed Midwives subject to review by the appropriate policy committees of the Legislature.
This bill would require the California Board of Licensed Midwives to consist of 7 members, subject to specified provisions regarding appointment, term limits, and payment. The bill would authorize that board to hold meetings, as specified, and employ personnel as necessary. The bill would require the board to post specified information on their internet website, and, in consultation with the Office of Statewide Health Planning and Development, utilize a coding system to assist in both effective reporting and the aggregation of data. The bill would authorize the board to adopt, amend, or repeal regulations necessary to enable the board to carry into effect these provisions, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2505.5 is added to the Business and Professions Code, immediately following Section 2505, to read:2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 2. Section 2505.6 is added to the Business and Professions Code, immediately preceding Section 2506, to read:2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.SEC. 3. Section 2506 of the Business and Professions Code is amended to read:2506. As used in this article article, the following definitions shall apply:(a) Board means the Medical Board of California. California Board of Licensed Midwives.(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.(d) Accrediting organization means an organization approved by the board.(e) Office means the Office of Statewide Health Planning and Development.SEC. 4. Section 2506.1 is added to the Business and Professions Code, immediately following Section 2506, to read:2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.SEC. 5. Section 2506.2 is added to the Business and Professions Code, to read:2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.SEC. 6. Section 2506.3 is added to the Business and Professions Code, to read:2506.3. The public members shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.SEC. 7. Section 2506.4 is added to the Business and Professions Code, to read:2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.SEC. 8. Section 2506.5 is added to the Business and Professions Code, to read:2506.5. (a) The board may convene from time to time as it deems necessary.(b) Four members of the board constitute a quorum for the transaction of business at any meeting.(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.SEC. 9. Section 2506.6 is added to the Business and Professions Code, to read:2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 10. Section 2506.7 is added to the Business and Professions Code, to read:2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.SEC. 11. Section 2506.8 is added to the Business and Professions Code, to read:2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article. SEC. 12. Section 2506.9 is added to the Business and Professions Code, to read:2506.9. The board may employ personnel as necessary to carry out this article.SEC. 13. Section 2508 of the Business and Professions Code is amended to read:2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:(1) All of the provisions of Section 2507.(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.(3) The licensed midwifes current licensure status and license number.(4) The practice settings in which the licensed midwife practices.(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.SEC. 14. Section 2509 of the Business and Professions Code is repealed.2509.The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an interest in midwifery practice, including, but not limited to, home births. At least one-half of the council members shall be California licensed midwives. The council shall make recommendations on matters specified by the board.SEC. 15. Section 2510 of the Business and Professions Code is amended to read:2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.SEC. 16. Section 2513 of the Business and Professions Code is amended to read:2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.SEC. 17. Section 2514.5 of the Business and Professions Code is repealed.2514.5.(a)Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board shall update the educational requirements set forth in Sections 2512.5, 2513, and 2514. These updated sections shall reflect national standards for the practice of midwifery and shall be subject to public hearings prior to adoption. The board shall review and update the regulations every two years.(b)The board shall adopt the written examination required by this article by July 1, 1994.SEC. 18. Section 2516 of the Business and Professions Code is amended to read:2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:(1) The midwifes name and license number.(2) The calendar year being reported.(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:(A) The total number of clients served as primary caregiver at the onset of care.(B) The number by county of live births attended as primary caregiver.(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:(i) Twin births.(ii) Multiple births other than twin births.(iii) Breech births.(iv) Vaginal births after the performance of a cesarean section.(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.(K) Any other information prescribed by the board in regulations.(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.(h) Notwithstanding any other law, a violation of this section shall not be a crime.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2505.5 is added to the Business and Professions Code, immediately following Section 2505, to read:2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SECTION 1. Section 2505.5 is added to the Business and Professions Code, immediately following Section 2505, to read:
### SECTION 1.
2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
2505.5. (a) There is created in the Department of Consumer Affairs the California Board of Licensed Midwives, commencing January 1, 2023.
(b) All duties, powers, and responsibilities exercised by the Medical Board of California with respect to the licensure and regulation of midwives before January 1, 2023, is hereby placed under the jurisdiction of the California Board of Licensed Midwives within the Department of Consumer Affairs.
(c) Notwithstanding any other law, the repeal of this section, as specified in subdivision (d), renders the board subject to review by the appropriate policy committees of the Legislature.
(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 2. Section 2505.6 is added to the Business and Professions Code, immediately preceding Section 2506, to read:2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 2. Section 2505.6 is added to the Business and Professions Code, immediately preceding Section 2506, to read:
### SEC. 2.
2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
2505.6. Protection of the public shall be the highest priority for the California Board of Licensed Midwives in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 3. Section 2506 of the Business and Professions Code is amended to read:2506. As used in this article article, the following definitions shall apply:(a) Board means the Medical Board of California. California Board of Licensed Midwives.(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.(d) Accrediting organization means an organization approved by the board.(e) Office means the Office of Statewide Health Planning and Development.
SEC. 3. Section 2506 of the Business and Professions Code is amended to read:
### SEC. 3.
2506. As used in this article article, the following definitions shall apply:(a) Board means the Medical Board of California. California Board of Licensed Midwives.(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.(d) Accrediting organization means an organization approved by the board.(e) Office means the Office of Statewide Health Planning and Development.
2506. As used in this article article, the following definitions shall apply:(a) Board means the Medical Board of California. California Board of Licensed Midwives.(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.(d) Accrediting organization means an organization approved by the board.(e) Office means the Office of Statewide Health Planning and Development.
2506. As used in this article article, the following definitions shall apply:(a) Board means the Medical Board of California. California Board of Licensed Midwives.(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.(d) Accrediting organization means an organization approved by the board.(e) Office means the Office of Statewide Health Planning and Development.
2506. As used in this article article, the following definitions shall apply:
(a) Board means the Medical Board of California. California Board of Licensed Midwives.
(b) Licensed midwife means an individual to whom a license to practice midwifery has been issued pursuant to this article.
(c) Certified nurse-midwife means a person to whom a certificate has been issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6.
(d) Accrediting organization means an organization approved by the board.
(e) Office means the Office of Statewide Health Planning and Development.
SEC. 4. Section 2506.1 is added to the Business and Professions Code, immediately following Section 2506, to read:2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
SEC. 4. Section 2506.1 is added to the Business and Professions Code, immediately following Section 2506, to read:
### SEC. 4.
2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
2506.1. (a) The board shall consist of seven members, two of whom shall be public members. The Governor shall appoint the five members qualified as provided in Section 2506.2. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member as provided in Section 2506.3.
(b) The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
SEC. 5. Section 2506.2 is added to the Business and Professions Code, to read:2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.
SEC. 5. Section 2506.2 is added to the Business and Professions Code, to read:
### SEC. 5.
2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.
2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.
2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.
2506.2. Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:
(a) Has been a resident of California for at least five years before appointment.
(b) Have a valid and unrestricted license to practice as a licensed midwife pursuant to this article.
(c) Has been engaged in practice as a licensed midwife in California for at least five years before appointment.
SEC. 6. Section 2506.3 is added to the Business and Professions Code, to read:2506.3. The public members shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.
SEC. 6. Section 2506.3 is added to the Business and Professions Code, to read:
### SEC. 6.
2506.3. The public members shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.
2506.3. The public members shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.
2506.3. The public members shall be appointed from persons having all of the following qualifications:(a) Has been a resident of California for at least five years before appointment.(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.
2506.3. The public members shall be appointed from persons having all of the following qualifications:
(a) Has been a resident of California for at least five years before appointment.
(b) Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.
(c) Shall have received midwifery services rendered by a licensed midwife pursuant to this article before their appointment.
SEC. 7. Section 2506.4 is added to the Business and Professions Code, to read:2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.
SEC. 7. Section 2506.4 is added to the Business and Professions Code, to read:
### SEC. 7.
2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.
2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.
2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.
2506.4. Each member of the board shall hold office for a term of four years expiring on January 1, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. A member shall not serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.
SEC. 8. Section 2506.5 is added to the Business and Professions Code, to read:2506.5. (a) The board may convene from time to time as it deems necessary.(b) Four members of the board constitute a quorum for the transaction of business at any meeting.(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.
SEC. 8. Section 2506.5 is added to the Business and Professions Code, to read:
### SEC. 8.
2506.5. (a) The board may convene from time to time as it deems necessary.(b) Four members of the board constitute a quorum for the transaction of business at any meeting.(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.
2506.5. (a) The board may convene from time to time as it deems necessary.(b) Four members of the board constitute a quorum for the transaction of business at any meeting.(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.
2506.5. (a) The board may convene from time to time as it deems necessary.(b) Four members of the board constitute a quorum for the transaction of business at any meeting.(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.
2506.5. (a) The board may convene from time to time as it deems necessary.
(b) Four members of the board constitute a quorum for the transaction of business at any meeting.
(c) It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.
(d) The board shall elect from its members a president and a vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.
SEC. 9. Section 2506.6 is added to the Business and Professions Code, to read:2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 9. Section 2506.6 is added to the Business and Professions Code, to read:
### SEC. 9.
2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
2506.6. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 10. Section 2506.7 is added to the Business and Professions Code, to read:2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.
SEC. 10. Section 2506.7 is added to the Business and Professions Code, to read:
### SEC. 10.
2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.
2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.
2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.
2506.7. Each member of the board shall receive per diem and expenses as provided in Section 103.
SEC. 11. Section 2506.8 is added to the Business and Professions Code, to read:2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article.
SEC. 11. Section 2506.8 is added to the Business and Professions Code, to read:
### SEC. 11.
2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article.
2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article.
2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article.
2506.8. The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the board to carry into effect the provisions of this article.
SEC. 12. Section 2506.9 is added to the Business and Professions Code, to read:2506.9. The board may employ personnel as necessary to carry out this article.
SEC. 12. Section 2506.9 is added to the Business and Professions Code, to read:
### SEC. 12.
2506.9. The board may employ personnel as necessary to carry out this article.
2506.9. The board may employ personnel as necessary to carry out this article.
2506.9. The board may employ personnel as necessary to carry out this article.
2506.9. The board may employ personnel as necessary to carry out this article.
SEC. 13. Section 2508 of the Business and Professions Code is amended to read:2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:(1) All of the provisions of Section 2507.(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.(3) The licensed midwifes current licensure status and license number.(4) The practice settings in which the licensed midwife practices.(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.
SEC. 13. Section 2508 of the Business and Professions Code is amended to read:
### SEC. 13.
2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:(1) All of the provisions of Section 2507.(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.(3) The licensed midwifes current licensure status and license number.(4) The practice settings in which the licensed midwife practices.(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.
2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:(1) All of the provisions of Section 2507.(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.(3) The licensed midwifes current licensure status and license number.(4) The practice settings in which the licensed midwife practices.(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.
2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:(1) All of the provisions of Section 2507.(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.(3) The licensed midwifes current licensure status and license number.(4) The practice settings in which the licensed midwife practices.(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.
2508. (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following:
(1) All of the provisions of Section 2507.
(2) The client is retaining a licensed midwife, not a certified nurse-midwife, and the licensed midwife is not supervised by a physician and surgeon.
(3) The licensed midwifes current licensure status and license number.
(4) The practice settings in which the licensed midwife practices.
(5) If the licensed midwife does not have liability coverage for the practice of midwifery, he or she the licensed midwife shall disclose that fact. The licensed midwife shall disclose to the client that many physicians and surgeons do not have liability insurance coverage for services provided to someone having a planned out-of-hospital birth.
(6) The acknowledgment that if the client is advised to consult with a physician and surgeon, failure to do so may affect the clients legal rights in any professional negligence actions against a physician and surgeon, licensed health care professional, or hospital.
(7) There are conditions that are outside of the scope of practice of a licensed midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.
(8) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The licensed midwife shall not be required to identify a specific physician and surgeon.
(9) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.
(10) If, during the course of care, the client is informed that she has they have or may have a condition indicating the need for a mandatory transfer, the licensed midwife shall initiate the transfer.
(11) The availability of the text of laws regulating licensed midwifery practices and the procedure for reporting complaints to the Medical Board of California, board, which may be found on the Medical Board of Californias Internet Web site. boards internet website.
(12) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The informed consent shall specifically state that the licensed midwife and the consulting physician and surgeon are not employees, partners, associates, agents, or principals of one another. The licensed midwife shall inform the patient that he or she is they are independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides. they provide.
(b) The disclosure and consent shall be signed by both the licensed midwife and the client and a copy of the disclosure and consent shall be placed in the clients medical record.
(c) The Medical Board of California board may prescribe the form for the written disclosure and informed consent statement required to be used by a licensed midwife under this section.
SEC. 14. Section 2509 of the Business and Professions Code is repealed.2509.The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an interest in midwifery practice, including, but not limited to, home births. At least one-half of the council members shall be California licensed midwives. The council shall make recommendations on matters specified by the board.
SEC. 14. Section 2509 of the Business and Professions Code is repealed.
### SEC. 14.
2509.The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an interest in midwifery practice, including, but not limited to, home births. At least one-half of the council members shall be California licensed midwives. The council shall make recommendations on matters specified by the board.
The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an interest in midwifery practice, including, but not limited to, home births. At least one-half of the council members shall be California licensed midwives. The council shall make recommendations on matters specified by the board.
SEC. 15. Section 2510 of the Business and Professions Code is amended to read:2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.
SEC. 15. Section 2510 of the Business and Professions Code is amended to read:
### SEC. 15.
2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.
2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.
2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.
2510. If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the transfer. The hospital shall report each transfer of a planned out-of-hospital birth to the Medical Board of California board and the California Maternal Quality Care Collaborative using a standardized form developed by the board.
SEC. 16. Section 2513 of the Business and Professions Code is amended to read:2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.
SEC. 16. Section 2513 of the Business and Professions Code is amended to read:
### SEC. 16.
2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.
2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.
2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.
2513. (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience. The applicant shall demonstrate, by practical examination, the clinical competencies described in Section 2514 or established by regulation pursuant to Section 2514.5. regulation. The midwifery education programs credit by examination policy shall be approved by the board, and shall be available to applicants upon request. The proficiency and practical examinations shall be approved by the board. Beginning January 1, 2015, new licensees shall not substitute clinical experience for formal didactic education.
(b) Completion of clinical experiences shall be verified by a licensed midwife or certified nurse-midwife, and a physician and surgeon, all of whom shall be current in the knowledge and practice of obstetrics and midwifery. Physicians and surgeons, licensed midwives, and certified nurse-midwives who participate in the verification and evaluation of an applicants clinical experiences shall show evidence of current practice. The method used to verify clinical experiences shall be approved by the board.
(c) Upon successful completion of the requirements of paragraphs (1) and (2), the applicant shall also complete the licensing examination described in paragraph (1) of subdivision (a) of Section 2512.5.
SEC. 17. Section 2514.5 of the Business and Professions Code is repealed.2514.5.(a)Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board shall update the educational requirements set forth in Sections 2512.5, 2513, and 2514. These updated sections shall reflect national standards for the practice of midwifery and shall be subject to public hearings prior to adoption. The board shall review and update the regulations every two years.(b)The board shall adopt the written examination required by this article by July 1, 1994.
SEC. 17. Section 2514.5 of the Business and Professions Code is repealed.
### SEC. 17.
2514.5.(a)Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board shall update the educational requirements set forth in Sections 2512.5, 2513, and 2514. These updated sections shall reflect national standards for the practice of midwifery and shall be subject to public hearings prior to adoption. The board shall review and update the regulations every two years.(b)The board shall adopt the written examination required by this article by July 1, 1994.
(a)Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board shall update the educational requirements set forth in Sections 2512.5, 2513, and 2514. These updated sections shall reflect national standards for the practice of midwifery and shall be subject to public hearings prior to adoption. The board shall review and update the regulations every two years.
(b)The board shall adopt the written examination required by this article by July 1, 1994.
SEC. 18. Section 2516 of the Business and Professions Code is amended to read:2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:(1) The midwifes name and license number.(2) The calendar year being reported.(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:(A) The total number of clients served as primary caregiver at the onset of care.(B) The number by county of live births attended as primary caregiver.(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:(i) Twin births.(ii) Multiple births other than twin births.(iii) Breech births.(iv) Vaginal births after the performance of a cesarean section.(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.(K) Any other information prescribed by the board in regulations.(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.(h) Notwithstanding any other law, a violation of this section shall not be a crime.
SEC. 18. Section 2516 of the Business and Professions Code is amended to read:
### SEC. 18.
2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:(1) The midwifes name and license number.(2) The calendar year being reported.(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:(A) The total number of clients served as primary caregiver at the onset of care.(B) The number by county of live births attended as primary caregiver.(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:(i) Twin births.(ii) Multiple births other than twin births.(iii) Breech births.(iv) Vaginal births after the performance of a cesarean section.(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.(K) Any other information prescribed by the board in regulations.(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.(h) Notwithstanding any other law, a violation of this section shall not be a crime.
2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:(1) The midwifes name and license number.(2) The calendar year being reported.(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:(A) The total number of clients served as primary caregiver at the onset of care.(B) The number by county of live births attended as primary caregiver.(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:(i) Twin births.(ii) Multiple births other than twin births.(iii) Breech births.(iv) Vaginal births after the performance of a cesarean section.(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.(K) Any other information prescribed by the board in regulations.(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.(h) Notwithstanding any other law, a violation of this section shall not be a crime.
2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:(1) The midwifes name and license number.(2) The calendar year being reported.(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:(A) The total number of clients served as primary caregiver at the onset of care.(B) The number by county of live births attended as primary caregiver.(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:(i) Twin births.(ii) Multiple births other than twin births.(iii) Breech births.(iv) Vaginal births after the performance of a cesarean section.(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.(K) Any other information prescribed by the board in regulations.(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.(h) Notwithstanding any other law, a violation of this section shall not be a crime.
2516. (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Office of Statewide Health Planning and Development. The report shall be submitted no later than March 30, for the prior calendar year, in a form specified by the board and shall contain all of the following:
(1) The midwifes name and license number.
(2) The calendar year being reported.
(3) The following information with regard to cases in California in which the midwife, or the student midwife supervised by the midwife, assisted during the previous year when the intended place of birth at the onset of care was an out-of-hospital setting:
(A) The total number of clients served as primary caregiver at the onset of care.
(B) The number by county of live births attended as primary caregiver.
(C) The number, by county, of cases of fetal demise, infant deaths, and maternal deaths attended as primary caregiver at the discovery of the demise or death.
(D) The number of women whose primary care was transferred to another health care practitioner during the antepartum period, and the reason for each transfer.
(E) The number, reason, and outcome for each elective hospital transfer during the intrapartum or postpartum period.
(F) The number, reason, and outcome for each urgent or emergency transport of an expectant mother in the antepartum period.
(G) The number, reason, and outcome for each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period.
(H) The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting.
(I) The number of planned out-of-hospital births completed in an out-of-hospital setting that were any of the following:
(i) Twin births.
(ii) Multiple births other than twin births.
(iii) Breech births.
(iv) Vaginal births after the performance of a cesarean section.
(J) A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate.
(K) Any other information prescribed by the board in regulations.
(b) The Office of Statewide Health Planning and Development shall maintain the confidentiality of the information submitted pursuant to this section, and shall not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any reports submitted pursuant to subdivision (a) for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes.
(c) The office shall report to the board, by April 30, those licensees who have met the requirements of subdivision (a) for that year.
(d) The board shall send a written notice of noncompliance to each licensee who fails to meet the reporting requirement of subdivision (a). Failure to comply with subdivision (a) will result in the midwife being unable to renew his or her their license without first submitting the requisite data to the Office of Statewide Health Planning and Development for the year for which that data was missing or incomplete. The board shall not take any other action against the licensee for failure to comply with subdivision (a).
(e) The board, in consultation with the office and the Midwifery Advisory Council, shall devise office, shall utilize a coding system related to data elements that require coding in order to assist in both effective reporting and the aggregation of data pursuant to subdivision (f). data. The office shall utilize this coding system in its processing of information collected for purposes of subdivision (f).
(f) The office shall report the aggregate information collected pursuant to this section to the board by July 30 of each year. The board shall include this information in its annual report to the Legislature.
(g) The board, with input from the Midwifery Advisory Council, board may adjust the data elements required to be reported to better coordinate with other reporting systems, including the reporting system of the Midwives Alliance of North America (MANA), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems, including MANAs, by licensed midwives is encouraged.
(h) Notwithstanding any other law, a violation of this section shall not be a crime.