SF 3202

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to a health occupation; creating an exemption 
  1.3             to the midwifery licensure; amending Minnesota 
  1.4             Statutes 1996, section 147.09; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 148. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 147.09, is 
  1.8   amended to read: 
  1.9      147.09 [EXEMPTIONS.] 
  1.10     Section 147.081 does not apply to, control, prevent or 
  1.11  restrict the practice, service, or activities of:  
  1.12     (1) A person who is a commissioned medical officer of, a 
  1.13  member of, or employed by, the armed forces of the United 
  1.14  States, the United States Public Health Service, the Veterans 
  1.15  Administration, any federal institution or any federal agency 
  1.16  while engaged in the performance of official duties within this 
  1.17  state, if the person is licensed elsewhere.  
  1.18     (2) A licensed physician from a state or country who is in 
  1.19  actual consultation here.  
  1.20     (3) A licensed or registered physician who treats the 
  1.21  physician's home state patients or other participating patients 
  1.22  while the physicians and those patients are participating 
  1.23  together in outdoor recreation in this state as defined by 
  1.24  section 86A.03, subdivision 3.  A physician shall first register 
  1.25  with the board on a form developed by the board for that 
  2.1   purpose.  The board shall not be required to promulgate the 
  2.2   contents of that form by rule.  No fee shall be charged for this 
  2.3   registration.  
  2.4      (4) A student practicing under the direct supervision of a 
  2.5   preceptor while the student is enrolled in and regularly 
  2.6   attending a recognized medical school.  
  2.7      (5) A student who is in continuing training and performing 
  2.8   the duties of an intern or resident or engaged in postgraduate 
  2.9   work considered by the board to be the equivalent of an 
  2.10  internship or residency in any hospital or institution approved 
  2.11  for training by the board, provided the student has a residency 
  2.12  permit issued by the board under section 147.0391. 
  2.13     (6) A person employed in a scientific, sanitary, or 
  2.14  teaching capacity by the state university, the department of 
  2.15  children, families, and learning, or by any public or private 
  2.16  school, college, or other bona fide educational institution, or 
  2.17  the state department of health, whose duties are entirely of a 
  2.18  public health or educational character, while engaged in such 
  2.19  duties. 
  2.20     (7) Physician's assistants registered in this state.  
  2.21     (8) A doctor of osteopathy duly licensed by the state board 
  2.22  of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
  2.23  148.16, prior to May 1, 1963, who has not been granted a license 
  2.24  to practice medicine in accordance with this chapter provided 
  2.25  that the doctor confines activities within the scope of the 
  2.26  license. 
  2.27     (9) Any person licensed by a health related licensing 
  2.28  board, as defined in section 214.01, subdivision 2, or 
  2.29  registered by the commissioner of health pursuant to section 
  2.30  214.13, including psychological practitioners with respect to 
  2.31  the use of hypnosis; provided that the person confines 
  2.32  activities within the scope of the license.  
  2.33     (10) A person who practices ritual circumcision pursuant to 
  2.34  the requirements or tenets of any established religion. 
  2.35     (11) A Christian Scientist or other person who endeavors to 
  2.36  prevent or cure disease or suffering exclusively by mental or 
  3.1   spiritual means or by prayer. 
  3.2      (12) A physician licensed to practice medicine in another 
  3.3   state who is in this state for the sole purpose of providing 
  3.4   medical services at a competitive athletic event.  The physician 
  3.5   may practice medicine only on participants in the athletic 
  3.6   event.  A physician shall first register with the board on a 
  3.7   form developed by the board for that purpose.  The board shall 
  3.8   not be required to adopt the contents of the form by rule.  The 
  3.9   physician shall provide evidence satisfactory to the board of a 
  3.10  current unrestricted license in another state.  The board shall 
  3.11  charge a fee of $50 for the registration.  
  3.12     (13) A psychologist licensed under section 148.907 or a 
  3.13  social worker licensed under section 148B.21 who uses or 
  3.14  supervises the use of a penile or vaginal plethysmograph in 
  3.15  assessing and treating individuals suspected of engaging in 
  3.16  aberrant sexual behavior and sex offenders. 
  3.17     (14) Any person issued a training course certificate or 
  3.18  credentialed by the emergency medical services regulatory board 
  3.19  established in chapter 144E, provided the person confines 
  3.20  activities within the scope of training at the certified or 
  3.21  credentialed level. 
  3.22     (15) A midwife licensed under sections 148.30 to 148.32 or 
  3.23  a person providing midwife services in accordance with section 
  3.24  148.321.  
  3.25     Sec. 2.  [148.321] [EXCEPTION TO LICENSURE REQUIREMENT.] 
  3.26     Subdivision 1.  [EXCEPTION.] Notwithstanding section 
  3.27  148.31, a person may provide midwife services without obtaining 
  3.28  a license as required under section 148.31 if a parent 
  3.29  disclosure statement, as described under subdivision 2, and an 
  3.30  informed consent form, as described in subdivision 3, have been 
  3.31  provided to and signed by the parents and the midwife prior to 
  3.32  the provision of any midwife services.  
  3.33     Subd. 2.  [PARENT DISCLOSURE STATEMENT.] (a) The disclosure 
  3.34  statement must include the following information on the midwife 
  3.35  who will be providing the services: 
  3.36     (1) address and telephone number; 
  4.1      (2) philosophy of midwifery practice; 
  4.2      (3) education and training; and 
  4.3      (4) number of births attended as primary midwife and as 
  4.4   assistant. 
  4.5      (b) The disclosure statement must also contain the 
  4.6   following information on the services to be provided the client: 
  4.7      (1) description of proposed midwife services; 
  4.8      (2) emergency capabilities, including consultation, 
  4.9   referral, medical backup, and hospital transport; 
  4.10     (3) midwife's role and responsibilities; and 
  4.11     (4) client's role and responsibilities. 
  4.12     Subd. 3.  [INFORMED CONSENT FORM.] (a) An informed consent 
  4.13  form must be signed by the client before a midwife may provide 
  4.14  any midwife services.  The informed consent form must indicate 
  4.15  that the client has read the disclosure statement described in 
  4.16  subdivision 2 and understands that the midwife providing 
  4.17  services is not licensed by the state. 
  4.18     (b) The informed consent form must include the following 
  4.19  statements using the same or substantially similar language: 
  4.20                      Informed Consent Form
  4.21     We acknowledge our rights and responsibilities in employing 
  4.22  providers of the methods and type of health care and services we 
  4.23  feel best meet our birthing needs.  We realize that, as with 
  4.24  birth in any place, there are possible risks associated with 
  4.25  home birth.  We fully accept the responsibilities and 
  4.26  consequences of our decision to have a nonlicensed midwife 
  4.27  attend us during pregnancy and at our home birth.  We realize 
  4.28  that our midwife is not a licensed physician, a certified 
  4.29  nurse-midwife, or licensed by the state.  Any health information 
  4.30  we provide to our midwife will be true and accurate.  We have 
  4.31  read and we understand the parent disclosure statement and are 
  4.32  willing to accept our responsibilities as described in the 
  4.33  disclosure statement in this consent form. 
  4.34     We acknowledge that the help we seek is not for diagnosis, 
  4.35  treatment, alleviation, cure, mitigation, or care of any disease 
  4.36  of any kind, in any way, and we agree that we are totally 
  5.1   responsible for obtaining qualified medical care for any disease 
  5.2   or pathological condition.  
  5.3   In witness whereof, we have affixed our signatures: 
  5.4   Mother ..............................     Date ............ 
  5.5   Father/Partner ......................     Date ............ 
  5.6   Midwife .............................     Date ............ 
  5.7      (c) Nothing in this subdivision implies or creates civil 
  5.8   immunity for a person providing midwife services under this 
  5.9   section. 
  5.10     Subd. 4.  [DEFINITION.] For the purposes of this section, 
  5.11  "midwife services" means services associated with assisting or 
  5.12  attending a woman and her family during pregnancy, childbirth, 
  5.13  and the postpartum period.  Midwife services does not include 
  5.14  the following:  
  5.15     (1) the use of medicine or mechanical devices to advance or 
  5.16  retard labor; 
  5.17     (2) the use of forceps or vacuum extractors; 
  5.18     (3) the removal of the placenta by invasive techniques or 
  5.19  the administrating or prescribing of any drug, except in an 
  5.20  emergency situation that poses an immediate threat to the life 
  5.21  of the mother or the newborn.  
  5.22     Subd. 5.  [RELATION TO OTHER DISCIPLINES.] The practice of 
  5.23  midwifery, in accordance with this section, does not constitute 
  5.24  the practice of healing as defined in section 146.01, the 
  5.25  practice of medicine as defined in section 147.081, or the 
  5.26  practice of nursing as defined in section 148.171.