OK
Oklahoma Senate Bill SB405

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB405 Compare Versions

OldNewDifferences
11
22
3+ENGR. H. A. to ENGR. S. B. NO . 405 Page 1 1
4+2
5+3
6+4
7+5
8+6
9+7
10+8
11+9
12+10
13+11
14+12
15+13
16+14
17+15
18+16
19+17
20+18
21+19
22+20
23+21
24+22
25+23
26+24
327
4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 405 By: Stanley of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 405 By: Stanley of the Senate
831
932 and
1033
1134 Roe of the House
1235
1336
1437
1538
1639
1740 An Act relating to midwifery; amending Section 5,
1841 Chapter 40, O.S.L. 2020 (59 O.S. Supp. 2020, Section
1942 3040.5), which relates to the Adv isory Committee on
2043 Midwifery; clarifying appointment procedure and terms
21-of members; removing inapplicable reference; amending
22-Section 9, Chapter 40, O.S.L. 2020 (59 O.S. Supp.
23-2020, Section 3040.9) , which relates to violations;
24-providing for investigation; providing for
25-confidentiality of investigative records; amending
26-Section 13, Chapter 40, O.S.L. 2020 (59 O.S. Supp.
27-2020, Section 3040.13), which relates to state roster
28-of licensed midwives; prohibiting submission of
29-certain information; providing for purpose of certain
30-confidential records; and providing an effective
31-date.
44+of members; removing inapplicable reference; and
45+providing an effective date.
46+
47+
48+
49+
50+AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
51+and replace with:
52+
53+
54+"An Act relating to midwifery; amending Section 5,
55+Chapter 40, O.S.L. 2020 (59 O.S. Supp. 2020, Section
56+3040.5), which relates to the Advisory Committee on
57+Midwifery; clarifying appointment procedure and
58+terms of members; removing inapplicable reference;
59+amending Section 9, Chapter 40, O.S.L. 2020 (59 O.S.
60+Supp. 2020, Section 3040.9) , which relates to
61+violations; providing for investigation; providing
62+for confidentiality of investigative records;
63+amending Section 13, Chapter 40, O.S.L. 2020 (59
64+O.S. Supp. 2020, Section 3040.13), which relates to
65+state roster of licensed midwives; prohibiting
66+submission of certain information; providing for
67+purpose of certain confidential records; and
68+providing an effective date.
3269
3370
3471
3572
3673
37-SUBJECT: Advisory Committee on Midwifery
74+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
3875
39-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
76+ENGR. H. A. to ENGR. S. B. NO . 405 Page 2 1
77+2
78+3
79+4
80+5
81+6
82+7
83+8
84+9
85+10
86+11
87+12
88+13
89+14
90+15
91+16
92+17
93+18
94+19
95+20
96+21
97+22
98+23
99+24
40100
41101 SECTION 1. AMENDATORY Section 5, Chapter 40, O.S.L. 2020
42102 (59 O.S. Supp. 2020, Section 3040.5), is amended to read as follows:
103+Section 3040.5 A. There is hereby created, to continue until
104+July 1, 2026, in accordance with the pro visions of the Oklahoma
105+Sunset Law, an Advisory Committee on Midwifery, which shall consist
106+of seven (7) voting members to be appointed by the State
107+Commissioner of Health as follows:
108+1. Three licensed midwives, each of whom has at least three (3)
109+years of experience in the practice of midwifery;
110+2. One Certified Nurse -Midwife;
111+3. One physician who is certified by a national professional
112+organization of physicians that certifies obstetricians and
113+gynecologists and supports the practice of midwifery;
114+4. One physician who is certified by a national professional
115+organization of physicians that certifies family practitioners or
116+pediatricians and supports the practice of midwifery; and
117+5. One member of the general public who is not practicing or
118+trained in a health care profession, and who is a parent with at
119+least one child born with the assistance of a licensed midwife or a
120+Certified Nurse-Midwife.
121+B. Members of the Committee shall serve for staggered terms of
122+six (6) years. The terms of three members sha ll expire on January
123+31 of each odd-numbered year be divided into three classes. The
124+initial terms of the first class shall expire on January 31, 2023,
43125
126+ENGR. H. A. to ENGR. S. B. NO . 405 Page 3 1
127+2
128+3
129+4
130+5
131+6
132+7
133+8
134+9
135+10
136+11
137+12
138+13
139+14
140+15
141+16
142+17
143+18
144+19
145+20
146+21
147+22
148+23
149+24
150+
151+and subsequent terms shall expire on January 31 of each sixth year
152+thereafter. The initial terms of th e second class shall expire on
153+January 31, 2025, and subsequent terms shall expire on January 31 of
154+each sixth year thereafter. The initial terms of the third class
155+shall expire on January 31, 2027, and subsequent terms shall expire
156+on January 31 of each sixth year thereafter . Members shall serve
157+until a qualified successor has been duly appointed. The
158+Commissioner shall fill a vacancy no later than sixty (60) days from
159+the date the vacancy occurs. No person shall be appointed to serve
160+more than two (2) consecutive terms.
161+C. The Committee shall annually elect a chair and vice -chair
162+from among its members.
163+D. The Committee shall meet at least semiannually and at any
164+other time at the call of the chair or the Commissioner.
165+E. The Committee shall meet in accordance with the Oklahoma
166+Open Meeting Act.
167+F. A majority of the members of the Committee , including at
168+least two licensed midwives, shall constitute a quorum for the
169+conduct of Committee business.
170+G. 1. The Committee shall advise the Commissioner o n all
171+matters pertaining to midwifery including but not limited to:
172+a. scope and standards of practice,
173+
174+ENGR. H. A. to ENGR. S. B. NO . 405 Page 4 1
175+2
176+3
177+4
178+5
179+6
180+7
181+8
182+9
183+10
184+11
185+12
186+13
187+14
188+15
189+16
190+17
191+18
192+19
193+20
194+21
195+22
196+23
197+24
198+
199+b. licensure requirements, examination requirements,
200+exceptions thereto, renewal requirements, temporary
201+licensure and endorsement or reciprocity requir ements,
202+c. methods and requirements for ensuring the continued
203+competence of licensed and registered persons ,
204+including the type of courses and number of hours
205+required to meet the basic midwifery education course
206+and continuing midwifery education course
207+requirements, and instructors or facilities used in
208+the basic and continuing education requirements,
209+d. procedures for reporting of outcomes including, but
210+not limited to, live births and fetal, newborn or
211+maternal deaths,
212+e. grounds for reporting and proc essing complaints,
213+violations, probation, revocation or suspension of
214+license or reinstatement provisions, and
215+f. all other matters which may pertain to the practice of
216+midwifery.
217+2. The Committee shall review and make recommendations to the
218+Commissioner on all applications for licensure.
219+3. The Committee shall assist and advise the Commissioner in
220+all hearings related to the enforcement of Shepherd’s Law. The
221+Committee shall review all complaints and make recommendations to
222+the Commissioner on appropria te disciplinary action including, but
223+
224+ENGR. H. A. to ENGR. S. B. NO . 405 Page 5 1
225+2
226+3
227+4
228+5
229+6
230+7
231+8
232+9
233+10
234+11
235+12
236+13
237+14
238+15
239+16
240+17
241+18
242+19
243+20
244+21
245+22
246+23
247+24
248+
249+not limited to, administrative fines, license revocation and license
250+suspension.
251+SECTION 2. AMENDATORY Section 9, Chapter 40, O.S.L. 2020
252+(59 O.S. Supp. 2020, Section 3040.9), is amended to read as follows:
253+Section 3040.9 A. Effective July 1, 2021, any person who holds
254+himself or herself out to be, represents himself or herself to be or
255+uses the title of Certified Professional Midwife or Certified
256+Midwife, without holding a license issued by th e State Commissioner
257+of Health, or who is in violation of any provision of Shepherd 's Law
258+shall be subject to an administrative fine for each day found to be
259+in violation. The amount of any fine shall be determined by the
260+Commissioner within limits set by the Commissioner pursuant to rules
261+adopted and promulgated by the Commissioner and may be in addition
262+to any other penalty provided by the Commissioner or otherwise
263+provided by law.
264+B. The Advisory Committee on Midwifery may cause to be
265+investigated all reported violations of Shepherd’s Law. Information
266+obtained during investigations of possible violations of Shepherd’s
267+Law shall be kept confidential but may be introduced by the State
268+Department of Health in proceedings before the Committee, whereupon
269+the information admitted shall become public record. Public records
270+maintained by the Department shall be administrative records, not
271+civil or criminal records.
272+
273+ENGR. H. A. to ENGR. S. B. NO . 405 Page 6 1
274+2
275+3
276+4
277+5
278+6
279+7
280+8
281+9
282+10
283+11
284+12
285+13
286+14
287+15
288+16
289+17
290+18
291+19
292+20
293+21
294+22
295+23
296+24
297+
298+C. Confidential investigative records shall not be subject to
299+discovery or subpoena in any civi l or criminal proceeding; provided,
300+however, the Committee may give such information to law enforcement
301+and other state agencies as necessary and appropriate in the
302+discharge of the duties of that agency and only under circumstances
303+that ensure against una uthorized access to the confidential
304+investigative records.
305+SECTION 3. AMENDATORY Section 13, Chapter 40, O.S.L.
306+2020 (59 O.S. Supp. 2020, Section 3040.13), is amended to read as
307+follows:
308+Section 3040.13 A. The State Department of Health shall
309+maintain a roster of each person licensed as a midwife in this
310+state. The roster shall contain for each licensed midwife the
311+information required on the informed choice and disclosure statement
312+under Section 10 3040.10 of this act title and other information the
313+Department determines necessary to accurately identify each licensed
314+midwife. The roster shall be a public document available under the
315+Oklahoma Open Records Act.
316+B. The Department shall provide each county clerk and each
317+local registrar of births in a county with the name of each midwife
318+practicing in the county.
319+C. Any data required to be submitted to the Department pursuant
320+to Shepherd’s Law shall not contain any personally identifying
321+information of the client by the midwife and shall be considered
322+
323+ENGR. H. A. to ENGR. S. B. NO . 405 Page 7 1
324+2
325+3
326+4
327+5
328+6
329+7
330+8
331+9
332+10
333+11
334+12
335+13
336+14
337+15
338+16
339+17
340+18
341+19
342+20
343+21
344+22
345+23
346+24
347+
348+confidential records collected for statistical information purposes
349+only.
350+SECTION 4. This act shall become effective November 1, 2021. "
351+Passed the House of Representatives the 20th day of April, 2021.
352+
353+
354+
355+
356+ Presiding Officer of the House
357+ of Representatives
358+
359+
360+Passed the Senate the ___ day of __________, 2021.
361+
362+
363+
364+
365+ Presiding Officer of the Senate
366+
367+
368+ENGR. S. B. NO. 405 Page 1 1
369+2
370+3
371+4
372+5
373+6
374+7
375+8
376+9
377+10
378+11
379+12
380+13
381+14
382+15
383+16
384+17
385+18
386+19
387+20
388+21
389+22
390+23
391+24
392+
393+ENGROSSED SENATE
394+BILL NO. 405 By: Stanley of the Senate
395+
396+ and
397+
398+ Roe of the House
399+
400+
401+
402+
403+An Act relating to midwifery; amend ing Section 5,
404+Chapter 40, O.S.L. 2020 (59 O.S. Supp. 2020, Section
405+3040.5), which relates to the Advisory Committee on
406+Midwifery; clarifying appointment procedure and terms
407+of members; removing inapplicable reference; and
408+providing an effective date.
409+
410+
411+
412+
413+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
414+SECTION 5. AMENDATORY Section 5, Chapter 40, O.S.L. 2020
415+(59 O.S. Supp. 2020, Section 3040.5), is amended to read as follows:
44416 Section 3040.5. A. There is hereby created, to c ontinue until
45417 July 1, 2026, in accordance with the provisions of the Oklahoma
46418 Sunset Law, an Advisory Committee on Midwifery, which shall consist
47-
48-ENR. S. B. NO. 405 Page 2
49419 of seven (7) voting members to be appointed by the State
50420 Commissioner of Health as follows:
51-
52421 1. Three licensed midwives, each of whom has at least three (3)
53422 years of experience in the practice of midwifery;
54-
55423 2. One Certified Nurse -Midwife;
56-
57424 3. One physician who is certified by a national professional
58425 organization of physicians that certifies obstetricians and
59426 gynecologists and supports the practice of midwifery;
60427
428+ENGR. S. B. NO. 405 Page 2 1
429+2
430+3
431+4
432+5
433+6
434+7
435+8
436+9
437+10
438+11
439+12
440+13
441+14
442+15
443+16
444+17
445+18
446+19
447+20
448+21
449+22
450+23
451+24
452+
61453 4. One physician who is certified by a national professional
62454 organization of physicians that certifies family practitioners or
63455 pediatricians and supports the practice of midwifery; and
64-
65456 5. One member of th e general public who is not practicing or
66457 trained in a health care profession, and who is a parent with at
67458 least one child born with the assistance of a licensed midwife or a
68459 Certified Nurse-Midwife.
69-
70460 B. Members of the Committee shall serve for staggered t erms of
71461 six (6) years. The terms of three members shall expire on January
72462 31 of each odd-numbered year be divided into three classes. The
73463 initial terms of the first class shall expire on January 31, 2023,
74464 and subsequent terms shall expire on January 31 o f each sixth year
75465 thereafter. The initial terms of the second class shall expire on
76466 January 31, 2025, and subsequent terms shall expire on January 31 of
77467 each sixth year thereafter. The initial terms of the third class
78468 shall expire on January 31, 2027, an d subsequent terms shall expire
79469 on January 31 of each sixth year thereafter . Members shall serve
80470 until a qualified successor has been duly appointed. The
81471 Commissioner shall fill a vacancy no later than sixty (60) days from
82472 the date the vacancy occurs. N o person shall be appointed to serve
83473 more than two (2) consecutive terms.
84-
85474 C. The Committee shall annually elect a chair and vice -chair
86475 from among its members.
87476
477+ENGR. S. B. NO. 405 Page 3 1
478+2
479+3
480+4
481+5
482+6
483+7
484+8
485+9
486+10
487+11
488+12
489+13
490+14
491+15
492+16
493+17
494+18
495+19
496+20
497+21
498+22
499+23
500+24
501+
88502 D. The Committee shall meet at least semiannually and at any
89503 other time at the call of the chai r or the Commissioner.
90-
91-
92-ENR. S. B. NO. 405 Page 3
93504 E. The Committee shall meet in accordance with the Oklahoma
94505 Open Meeting Act.
95-
96-F. A majority of the members of th e Committee, including at
506+F. A majority of the members of the Committee including at
97507 least two licensed midwives, shall constitute a quorum for the
98508 conduct of Committee business.
99-
100509 G. 1. The Committee shall advise the Commissioner on all
101510 matters pertaining to midwifery including but not limited to:
102-
103511 a. scope and standards of practice,
104-
105512 b. licensure requirements, examination requirements,
106513 exceptions thereto, renewal requirements, temp orary
107514 licensure and endorsement or reciprocity requirements,
108-
109515 c. methods and requirements for ensuring the continued
110516 competence of licensed and registered persons ,
111517 including the type of courses and number of hours
112518 required to meet the basic midwifery educat ion course
113519 and continuing midwifery education course
114520 requirements, and instructors or facilities used in
115521 the basic and continuing education requirements,
116-
117522 d. procedures for reporting of outcomes including, but
118523 not limited to, live births and fetal, newborn or
119524 maternal deaths,
120525
526+ENGR. S. B. NO. 405 Page 4 1
527+2
528+3
529+4
530+5
531+6
532+7
533+8
534+9
535+10
536+11
537+12
538+13
539+14
540+15
541+16
542+17
543+18
544+19
545+20
546+21
547+22
548+23
549+24
550+
121551 e. grounds for reporting and processing complaints,
122552 violations, probation, revocation or suspension of
123553 license or reinstatement provisions, and
124-
125554 f. all other matters which may pertain to the practice of
126555 midwifery.
127-
128556 2. The Committee shall review and make recommendations to the
129557 Commissioner on all applications for licensure.
130-
131558 3. The Committee shall assist and advise the Commissioner in
132559 all hearings related to the enforcement of Shepherd’s Law. The
133560 Committee shall review all complaints and make recommendations to
134561 the Commissioner on appropriate disciplinary action including, but
135-
136-ENR. S. B. NO. 405 Page 4
137562 not limited to, administrative fines, license revocation and license
138563 suspension.
139-
140-SECTION 2. AMENDATORY Section 9, Chapter 40, O.S.L. 2020
141-(59 O.S. Supp. 2020, Section 3040.9), is amended to read as follows:
142-
143-Section 3040.9. A. Effective July 1, 2021, any person who
144-holds himself or herself out to be, represents himself or herself to
145-be or uses the title of Certified Professional Midwife or Certified
146-Midwife, without holding a license issued by th e State Commissioner
147-of Health, or who is in violation of any provision of Shepherd's Law
148-shall be subject to an administrative fine for each day found to be
149-in violation. The amount of any fine shall be determined by the
150-Commissioner within limits set by the Commissioner pursuant to rules
151-adopted and promulgated by the Comm issioner and may be in addition
152-to any other penalty provided by the Commissioner or otherwise
153-provided by law.
154-
155-B. The Advisory Committee on Midwifery may cause to be
156-investigated all reported violations of Shepherd’s Law. Information
157-obtained during investigations of possible violations of Shepherd’s
158-Law shall be kept confidential but may be introduced by the State
159-Department of Health in proceedings before the Committee, whereupon
160-the information admitted shall become public record. Public records
161-maintained by the Department shall be administrative records, not
162-civil or criminal records.
163-
164-C. Confidential investigative records shall not be subject to
165-discovery or subpoena in any civi l or criminal proceeding; provided,
166-however, the Committee may give s uch information to law enforcement
167-and other state agencies as necessary and appropriate in the
168-discharge of the duties of that agency and only under circumstances
169-that ensure against una uthorized access to the confidential
170-investigative records.
171-
172-SECTION 3. AMENDATORY Section 13, Chapter 40, O.S.L.
173-2020 (59 O.S. Supp. 2020, Section 3040.13), is amended to read as
174-follows:
175-
176-Section 3040.13. A. The State Department of Health shall
177-maintain a roster of each person licensed as a midwi fe in this
178-state. The roster shall contain for each licensed midwife the
179-
180-ENR. S. B. NO. 405 Page 5
181-information required on the informed choice and disclosure statement
182-under Section 10 3040.10 of this act title and other information the
183-Department determines necessary to accuratel y identify each licensed
184-midwife. The roster shall be a public document available under the
185-Oklahoma Open Records Act.
186-
187-B. The Department shall provide each county clerk and each
188-local registrar of births in a county with the name of each midwife
189-practicing in the county.
190-
191-C. Any data required to be submitted to the Department pursuant
192-to Shepherd’s Law shall not contain any personally identifying
193-information of the client by the midwife and shall be considered
194-confidential records collected for statisti cal information purposes
195-only.
196-
197-SECTION 4. This act shall become effective November 1, 2021.
198-
199-
200-ENR. S. B. NO. 405 Page 6
201-Passed the Senate the 27th day of April, 2021.
564+SECTION 6. This act shall become effective November 1, 2021.
565+Passed the Senate the 2nd day of March, 2021.
202566
203567
204568
205569 Presiding Officer of the Senate
206570
207571
208-Passed the House of Representatives the 20th day of April, 2021.
572+Passed the House of Representatives the ____ day of __________,
573+2021.
209574
210575
211576
212577 Presiding Officer of the House
213578 of Representatives
214579
215-OFFICE OF THE GOVERNOR
216-Received by the Office of the Governor this _______ _____________
217-day of _________________ __, 20_______, at _______ o'clock _______ M.
218-By: _______________________________ __
219-Approved by the Governor of the State of Oklahoma this _____ ____
220-day of _________________ __, 20_______, at _______ o'clock _______ M.
221580
222- _________________________________
223- Governor of the State of Oklahoma
581+ENGR. S. B. NO. 405 Page 5 1
582+2
583+3
584+4
585+5
586+6
587+7
588+8
589+9
590+10
591+11
592+12
593+13
594+14
595+15
596+16
597+17
598+18
599+19
600+20
601+21
602+22
603+23
604+24
224605
225606
226-OFFICE OF THE SECRETARY OF STATE
227-Received by the Office of the Secretary of State this _______ ___
228-day of __________________, 20 _______, at _______ o'clock _______ M.
229-By: _______________________________ __