58-77-601. Standards of practice.

631 words·~3 min read·/ut/title-58/chapter-77/58-77-601

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

Effective 5/10/2016

(a)Prior to providing any services, a licensed direct-entry midwife must obtain an informed consent from a client.

(b)The consent must include:

(i)the name and license number of the direct-entry midwife;

(ii)the client's name, address, telephone number, and primary care provider, if the client has one;

(iii)the fact, if true, that the licensed direct-entry midwife is not a certified nurse midwife or a physician;

(iv)a description of the licensed direct-entry midwife's education, training, continuing education, and experience in midwifery;

(v)a description of the licensed direct-entry midwife's peer review process;

(vi)the licensed direct-entry midwife's philosophy of practice;

(vii)a promise to provide the client, upon request, separate documents describing the rules governing licensed direct-entry midwifery practice, including a list of conditions indicating the need for consultation, collaboration, referral, transfer or mandatory transfer, and the licensed direct-entry midwife's personal written practice guidelines;

(viii)a medical back-up or transfer plan;

(ix)a description of the services provided to the client by the licensed direct-entry midwife;

(x)the licensed direct-entry midwife's current legal status;

(xi)the availability of a grievance process;

(xii)client and licensed direct-entry midwife signatures and the date of signing; and

(xiii)whether the licensed direct-entry midwife is covered by a professional liability insurance policy.

(2)A licensed direct-entry midwife shall:

(i)limit the licensed direct-entry midwife's practice to a normal pregnancy, labor, postpartum, newborn and interconceptual care, which for purposes of this section means a normal labor:

(A)that is not pharmacologically induced;

(B)that is low risk at the start of labor;

(C)that remains low risk through out the course of labor and delivery;

(D)in which the infant is born spontaneously in the vertex position between 37 and 43 completed weeks of pregnancy; and

(E)except as provided in Subsection (2)(a)(ii) , in which after delivery, the mother and infant remain low risk; and

(ii)the limitation of Subsection (2)(a)(i) does not prohibit a licensed direct-entry midwife from delivering an infant when there is:

(A)intrauterine fetal demise; or

(B)a fetal anomaly incompatible with life; and

(b)appropriately recommend and facilitate consultation with, collaboration with, referral to, or transfer or mandatory transfer of care to a licensed health care professional when the circumstances require that action in accordance with this section and standards established by division rule.

(3)If after a client has been informed that she has or may have a condition indicating the need for medical consultation, collaboration, referral, or transfer and the client chooses to decline, then the licensed direct-entry midwife shall:

(a)terminate care in accordance with procedures established by division rule; or

(b)continue to provide care for the client if the client signs a waiver of medical consultation, collaboration, referral, or transfer.

(4)If after a client has been informed that she has or may have a condition indicating the need for mandatory transfer, the licensed direct-entry midwife shall, in accordance with procedures established by division rule, terminate the care or initiate transfer by:

(a)calling 911 and reporting the need for immediate transfer;

(b)immediately transporting the client by private vehicle to the receiving provider; or

(c)contacting the physician to whom the client will be transferred and following that physician's orders.

(5)The standards for consultation and transfer are the minimum standards that a licensed direct-entry midwife must follow. A licensed direct-entry midwife shall initiate consultation, collaboration, referral, or transfer of a patient sooner than required by administrative rule if in the opinion and experience of the licensed direct-entry midwife, the condition of the client or infant warrant a consultation, collaboration, referral, or transfer.

(6)This chapter does not mandate health insurance coverage for midwifery services.

Amended by Chapter 238 , 2016 General Session