37-27-311. Informed consent.
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/mt/title-37/chapter-27/part-3/37-27-311·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37-27-311 . Informed consent.
(1)Prior to accepting a woman for care, a licensed direct-entry midwife shall first obtain written, informed consent from the woman.
(2)Informed consent must be evidenced by a written statement, in a form prescribed by the board and signed by the direct-entry midwife and the woman to whom care is to be given, in which the direct-entry midwife certifies that full disclosure has been made and acknowledged by the woman on the following:
(a)the direct-entry midwife's educational background;
(b)the nature and scope of the care to be given, including the possibility of and procedure for transport of the patient to a hospital;
(c)the available alternatives to direct-entry midwifery care;
(d)a description of the risks of home birth, primarily those conditions that may arise during delivery;
(e)the fact that the patient has been advised to consult with a physician at least twice during the pregnancy;
(f)whether the midwifery services provided are located more than 50 miles from the nearest hospital; and
(g)that a health care provider's liability in rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is limited to damages caused by gross negligence or by willful or wanton acts or omissions.