58-77-501. Unlawful conduct.

282 words·~1 min read·/ut/title-58/chapter-77/58-77-501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/10/2016

(1)In addition to the conduct that constitutes unlawful conduct under Subsection 58-1-501(1) , it is unlawful conduct for an individual who is not licensed under this chapter to:

(a)represent or hold out that the individual is a licensed direct-entry midwife;

(b)administer a prescription medication, except oxygen, in the practice of direct-entry midwifery;

(c)before engaging in the practice of midwifery with a client, fail to obtain from the client an informed consent statement that includes the following:

(i)a description of the individual's midwifery education, training, continuing education, and experience;

(ii)a statement that the individual is not licensed by the state as a direct-entry midwife;

(iii)a statement that it is unlawful for the individual to administer to the client a prescription medication, except oxygen, in the practice of direct-entry midwifery;

(iv)a written plan to address medical issues the client may experience during pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed health care provider or facility, if necessary;

(v)the name and signature of the individual;

(vi)the name and signature of the client;

(vii)the date the individual signed the statement; and

(viii)the date the client signed the statement; or

(d)fail to retain for at least 4 years a signed statement from a client described by Subsection (1)(c) .

(a)Except for conduct that constitutes unlawful conduct under Subsection

(1), it is lawful to practice direct-entry midwifery in the state without being licensed under this chapter.

(b)The practice of direct-entry midwifery is not considered the practice of medicine, nursing, or nurse-midwifery.

Amended by Chapter 107 , 2016 General Session