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AB-2682 Nurse-midwives.(2017-2018)

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Date Published: 02/15/2018 09:00 PM
AB2682:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2682


Introduced by Assembly Member Burke

February 15, 2018


An act to amend Section 2746.5 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2682, as introduced, Burke. Nurse-midwives.
The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing, which is within the Department of Consumer Affairs, and requires the board to issue a certificate to practice nurse-midwifery to a licensee who meets specified qualifications. That act authorizes a certified nurse-midwife, under the supervision of a licensed physician and surgeon, to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family planning care, for the mother, and immediate care for the newborn, and provides that the practice of nurse-midwifery constitutes the furthering or undertaking by a certified person, under the supervision of a licensed physician and surgeon who has current practice or training in obstetrics, to assist a woman in childbirth so long as progress meets criteria accepted as normal. The act prohibits supervision from being construed to require the physical presence of the supervising physician. The act requires all complications to be referred to a physician immediately. A violation of the act is a crime.
This bill would instead authorize a nurse-midwife to practice in a variety of settings without supervision by a physician and surgeon subject to certain situations requiring consultation or comanagement with, or referral or transfer to, a physician and surgeon. The bill would also require all emergencies to be referred to a physician and surgeon immediately. By imposing new requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2746.5 of the Business and Professions Code is amended to read:

2746.5.
 (a)Notwithstanding any other law:

The

(a) The certificate to practice nurse-midwifery authorizes the holder, under the supervision of a licensed physician and surgeon, holder to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn. newborn, in a variety of settings.
(b) As used in this chapter, the practice of nurse-midwifery constitutes the furthering or undertaking by any certified person, under the supervision of a licensed physician and surgeon who has current practice or training in obstetrics, person to assist a woman in childbirth so long as progress meets criteria accepted as normal. All complications shall be referred to a physician immediately. normal, subject to subdivisions (c) and (d). The practice of nurse-midwifery does not include the assisting of childbirth by any artificial, forcible, or mechanical means, nor the performance of any version.

(c)As used in this article, “supervision” shall not be construed to require the physical presence of the supervising physician.

(c) (1) Nurse-midwifery care emphasizes informed consent-shared decisionmaking, preventative care, early detection, and referral of complications. A certified nurse-midwife shall consult with and, if necessary, comanage with, refer to, or transfer care to, a physician and surgeon in any of the following situations:
(A) The condition is beyond the certified nurse-midwife’s scope of practice, based on education and preparation.
(B) There is evidence that a condition or disease likely jeopardizes the health or life of the newborn or mother.
(C) The necessary resources and personnel are not available in the setting of care.
(2) Consultations, referrals, and transfers required by paragraph (1) shall be documented in the patient record.
(d) All emergencies shall be referred to a physician and surgeon immediately.

(d)

(e) A certified nurse-midwife is not authorized to practice medicine and surgery by the provisions of this chapter.

(e)

(f) Any regulations promulgated by a state department that affect the scope of practice of a certified nurse-midwife shall be developed in consultation with the board.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.