BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:July 1, 2013          |Bill No:AB                         |
        |                                   |1308                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                              Senator Ted W. Lieu, Chair
                                           

                         Bill No:        AB 1308Author:Bonilla
                        As Amended:  June 13, 2013Fiscal:  Yes

        
        SUBJECT:  Midwifery
        
        SUMMARY:  Authorizes a licensed midwife to directly obtain supplies,  
        devices, obtain and administer drugs and diagnostic tests, order  
        testing and receive reports that are necessary to his or her practice  
        of midwifery; requires the Medical Board of California (MBC) to revise  
        and adopt regulations defining the supervision requirements between a  
        physician and a midwife, and requires a midwife to disclose his or her  
        arrangements for the referral of complications to a physician for  
        consultation.

        Existing law:
        
        1)Licenses and regulates some 300 licensed midwives under the Licensed  
          Midwifery Practice Act of 1993, by the MBC within the Department of  
          Consumer Affairs (DCA).  (Business and Professions Code (BPC) § 2505  
          et seq.)

        2)Creates the Midwifery Advisory Council (MAC) which is required to  
          make recommendations on matters specified by MBC.  (BPC § 2509)

        3)Defines the practice of midwifery as the furthering or undertaking  
          by any licensed midwife, under the supervision of a licensed  
          physician who has current practice or training in obstetrics, to  
          assist a woman in childbirth so long as progress meets criteria  
          accepted as normal.  (BPC § 2507)

        4)Requires the MBC to adopt regulations defining the appropriate  
          standard of care and level of supervision required for the practice  
          of midwifery by July 1, 2003.  (BPC § 2507 (f))





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        5)Permits a licensed midwife 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 under the supervision of a licensed physician and surgeon.  
          (BPC § 2507 (a))

        6)Requires a licensed midwife to disclose orally and in writing:  (BPC  
          § 2508)

           a)   The scope of a midwife's practice, as specified;

           b)   Whether the licensed midwife has liability coverage;

           c)   The specific arrangements for the transfer of care during the  
             prenatal period, hospital transfer during the intrapartum and  
             postpartum periods and access to appropriate emergency medical  
             services for mother and baby, if necessary; and,

           d)   The procedure for reporting complaints to the MBC. 

        7)Requires a licensed alternative birth center, and a licensed primary  
          care clinic that provides services as an alternative birth center,  
          to meet specified requirements, including:  (Health and Safety Code  
          (HSC) § 1204.3)

           a)   Meet the standards for certification established by the  
             National Association of Childbearing Centers.

           b)   Require the presence of at least 2 attendants during birth,  
             one of whom shall be either a physician and surgeon or a  
             certified nurse-midwife.  

        This bill:

       1)Authorizes a midwife to directly obtain supplies and devices, obtain  
          and administer drugs and diagnostic tests, order testing and receive  
          reports that are necessary to his or her practice of midwifery and  
          consistent with his or her scope of practice.

       2)Requires the MBC, by July 1, 2015, to revise and adopt regulations  
          defining the appropriate standard of care and level of supervision  
          required for the practice of midwifery and identify complications  
          necessitating referral to a physician and surgeon.

       3)Expands the existing oral and written disclosures required of a  





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          licensed midwife to a prospective client to include the specific  
          arrangements for the referral of complications to a physician and  
          surgeon for consultation, and specifies that the licensed midwife  
          shall not be required to identify a specific physician and surgeon.

       4)Makes legislative findings and declarations.

       5)In addition to a physician and surgeon or a certified nurse-midwife,  
          also authorizes a licensed midwife to be present at a licensed  
          alternative birth center.

       6)Makes a correcting change to refer to the American Association of  
          Birth Centers rather than the National Association of Childbearing  
          Centers.


        FISCAL EFFECT:  The May 8, 2013 Assembly Appropriations Committee  
        analysis cites negligible state costs.  The MBC is already required by  
        statute to adopt regulations.

        COMMENTS:
        
        1. Purpose.  This bill is sponsored by  American Congress of  
           Obstetricians and Gynecologists, District IX, California  .   
           According to the Author, the bill does the following: 

                 Authorizes midwives to order supplies, drugs, tests and  
              devices without an ordering physician listed.  Currently, this  
              is included in the scope of practice for licensed midwives.  
              However, in the field, they are often unable to get access to  
              supplies, drugs and tests because the supplier requires listing  
              of an ordering physician.  This authority should help provide  
              clarity to what should already be permissible.

                 Requires the MBC to revise regulations regarding licensed  
              midwives before July 1, 2015.  With the advent of this  
              legislation, regulations may need to be modified to account for  
              any changes.  By pushing back the deadline by when the MBC must  
              draft regulations, we allow for this revision to occur.

                 Clarifies that the regulations should identify complications  
              necessitating referral to a physician or surgeon for purposes of  
              a consultation.  As medicine advances and we learn more about  
              underlying health conditions and risk factors, it is important  
              that the Medical Board continue to explore this topic and that  
              patients/clients understand ahead of time, what the referral  





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              process will entail.

                 Requires licensed midwives to include in their disclosure  
              the specific arrangements for the referral of complications to a  
              physician for a consultation.   In this situation, a licensed  
              midwife may continue care of the client.  Current law requires  
              disclosure of the specific arrangements of transfer of care of a  
              client.  In this situation, the physician would maintain care of  
              the client/patient.

                 Allows licensed midwives to attend births at an alternative  
              birth center.  Licensed midwives are the experts in out of  
              hospital births.  It makes policy sense to authorize them to  
              attend births in this setting.  Many attend births at birth  
              centers which are not licensed.  Birth centers have optional  
              licensing requirements.

                 Makes a technical change to replace the "National  
              Association of Childbearing Centers" with the "American  
              Association of Birth Centers."  The National Association of  
              Childbearing Centers changed its name in 2005.

        1. Author's Statement.  "The California Medical Board is responsible  
           for the oversight of licensed midwives in California.  Licensed  
           midwives typically attend out of hospital births.  There are many  
           issues regarding access to midwives and their scope of practice.   
           The Medical Board is under sunset review this year and has  
           recommended legislative action on several issues that it has been  
           unable to resolve in past discussions.  AB 1308 addresses issues of  
           access to midwives and barriers that impede the practice of  
           licensed midwifery while increasing patient safety.  The changes it  
           makes ensure licensed midwives have access to the tools they need  
           to practice safely and that patients have full information  
           regarding referrals during the course of a pregnancy."
        
       2.Background on the Midwifery Program.  A licensed midwife is an  
          individual who has been issued a license to practice midwifery by  
          the MBC.  As provided under the law, the practice of midwifery  
          authorizes the licensee, under the supervision of a licensed  
          physician in active practice, to attend cases of normal childbirth  
          in a home, birthing clinic or hospital environment.  Pathways to  
          midwife licensure include completion of a three-year postsecondary  
          education program in an accredited school approved by the MBC, or  
          through a Challenge Mechanism.  (BPC § 2513).  Prior to licensure,  
          all midwives must take and pass the North American Registry of  
          Midwives (NARM) examination.





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       SB 1638 (Figueroa, Chapter 536, Statutes of 2006) required the MBC to  
          create and appoint a Midwifery Advisory Council.  The MAC is made up  
          of licensed midwives (at least half of the MAC must be licensed  
          midwives), a Board Member, a physician and a member of the public  
          (currently an individual who has used a licensed midwife).  The MBC  
          specifies issues for the MAC to discuss/resolve and the MAC also  
          identifies issues and obtains approval from the MBC to develop  
          solutions to the various matters.  Some items that have been  
          discussed include physician supervision, challenge mechanisms,  
          required reporting and student midwives.  SB 1638 also required  
          licensed midwives to make annual reports to OSHPD on specified  
          information regarding birth outcomes, and required the reported data  
          to be consolidated by OSHPD and reported back to the MBC for  
          inclusion in the MBC's annual report.

       The MBC approves midwifery schools by conducting a comprehensive  
          assessment to evaluate the school's educational program curriculum  
          and the program's academic and clinical preparation equivalent.   
          Schools wishing to obtain approval must submit supporting  
          documentation to verify that they meet the requirements of BPC §  
          2512.5.  Currently, there are 11 approved midwifery schools.  A  
          licensed midwife must complete 36 hours of continuing education  
          every two years in areas that fall within the scope of the practice  
          of midwifery as specified by the MBC.

       The licensee population in the Midwifery Program is small and the  
          number of disciplinary actions filed against licensees is also  
          proportionally small with a total of 5 disciplinary actions being  
          filed over the past 3 fiscal years.  Of the 4 disciplinary actions  
          that have been adjudicated, all have been resolved with either  
          revocation or license surrender.

       3.Physician Supervision.  As noted above, BPC § 2057 authorizes a  
          licensed midwife, under the supervision of a licensed physician and  
          surgeon who has current practice or training in obstetrics, 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.  

       BPC § 2507(f) requires the MBC, by July 1, 2003, to adopt regulations  
          defining the appropriate standard of care and level of supervision  
          required for the practice of midwifery.  Due to the inability to  
          reach consensus on the supervision issue, the MBC bifurcated this  
          requirement and in 2006 adopted Standards of Care for Midwifery (CCR  
          § 1379.19).  Three previous attempts to resolve the physician  





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          supervision issue via legislation and/or regulation have been  
          unsuccessful due to the widely divergent opinions of interested  
          parties and their inability to reach consensus.

       Although required by law, physician supervision is essentially  
          unavailable to licensed midwives performing home births, as  
          California physicians are generally prohibited by their malpractice  
          insurance companies from providing supervision of licensed midwives  
          who perform home births.

       According to insurance providers, if physicians supervise or  
          participate in a home birth they will lose their insurance coverage  
          resulting in loss of hospital privileges.  The physician supervision  
          requirement creates numerous barriers to care in that, if the  
          licensed midwife needs to transfer a patient/baby to the hospital,  
          many hospitals will not accept a patient transfer from a licensed  
          midwife as the primary provider who does not have a supervising  
          physician.  California, along with Arkansas and Louisiana,  are  
          currently the only states that require physician supervision of  
          licensed midwives.  Among states that regulate midwives, most  
          require some sort of collaboration between the midwife and a  
          physician.

       The MBC, through the MAC, has held many meetings regarding physician  
          supervision of licensed midwives and has attempted to create  
          regulations to address this issue.  The concepts of collaboration  
          such as required consultation, referral, transfer of care and  
          physician liability have been discussed among the interested parties  
          with little success.  There is disagreement over the appropriate  
          level of physician supervision with licensed midwives expressing  
          concern with any limits being placed on their ability to practice  
          independently.  The physician and liability insurance communities  
          have concerns over the safety of midwife-assisted homebirths.   
          Specifically, they are concerned with delays and/or the perceived  
          reluctance of midwives to refer patients when the situation warrants  
          referral or transfer of care.  The MBC has stated that it ultimately  
          believes that the physician supervision requirement needs to be  
          addressed through the legislative process.

       In the MBC oversight hearing earlier this year, staff recommended that  
          the MBC should reach a consensus with stakeholders on this issue and  
          then submit a specific legislative proposal to the Committee  
          regarding the appropriate level of supervision required for the  
          practice of midwifery.

       Relative to the current bill, there has been a significant amount of  





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          talk about physician supervision.  A number of licensed midwives and  
          those advocating for licensed midwives have strongly urged the  
          Author and the Committee to address physician supervision in this  
          bill.  Recommendations have been to remove the physician supervision  
          requirement altogether or to replace it with some type of a  
          physician collaboration requirement.  

        To this point, physician supervision is not addressed in the bill.  The  
          fact that it is not addressed does not mean that the bill is an  
          endorsement of what may be deemed to be an unworkable policy in the  
          law.  It is simply that the issue is not addressed in the bill.  

       4.Diagnostic lab accounts.  This bill echoes an issue raised by the MBC  
          in its Sunset Report.  Licensed midwifes have difficulty securing  
          diagnostic lab accounts, even though they are legally allowed to  
          have lab accounts.  Many labs require proof of physician  
          supervision.  In addition, licensed midwives are not able to obtain  
          the medical supplies they have been trained and are expected to use  
          including:  oxygen, necessary medications and medical supplies that  
          are included in approved licensed midwifery school curriculum (CCR §  
          1379.30).  The inability for a licensed midwife to order lab tests  
          often means the patient will not obtain the necessary tests to help  
          the midwife monitor the patient during pregnancy.  In addition, not  
          being able to obtain the necessary medical supplies for the practice  
          of midwifery adds additional risk to the licensed midwife's patient  
          and child.

       The MBC, through the MAC held meetings regarding the lab order and  
          medical supplies/medication issues and has attempted to create  
          regulatory language to address this issue.  However, based upon  
          discussions with interested parties, it appears the lab order and  
          medical supplies/medication issues will need to be addressed through  
          the legislative process.

        This bill authorizes midwives to order supplies, drugs, tests and  
          devices without an ordering physician listed.
         
       5.Oversight Hearings of the Medical Board of California (MBC) and SB  
          304.  Earlier this year, this Committee, along with the Assembly  
          Business, Professions and Consumer Protection Committee, conducted  
          oversight hearings to review 14 regulatory boards within the DCA.   
          The Committees began the review of these licensing agencies in March  
          and conducted three days of hearings.  Seven bills, authored by  
          Senator Curren D. Price Jr., were introduced to implement  
          legislative changes recommended in the Committees' Background/Issue  
          Papers for all of the agencies reviewed this year.  As a part of the  





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          review of the MBC, the Committees reviewed the MBC's administration  
          of the licensed midwifery program and recommendations were made for  
          a number of the programs and operations of the MBC. 

          As a result, SB 304 (Price) was introduced to address a number of  
          issues raised in the Sunset Oversight hearings.  As a result, the  
          two bills, AB 1308 and SB 304, work in concert with one another  
          regarding midwifery issues.  The following summarizes issues  
          directly related to licensed midwives in the bill: 

           a)   Clarify Midwifery Education and Clinical Training.  BPC § 2514  
             authorizes a "bona fide student" who is enrolled or participating  
             in a midwifery education program or who is enrolled in a program  
             of supervised clinical training to engage in the practice of  
             midwifery as part of that course of study if:  1) the student is  
             under the supervision of a physician or a licensed midwife who  
             holds a clear and unrestricted California midwife license and who  
             is present on the premises at all times client services are  
             provided, and 2) the client is informed of the student's status.   
             There has been disagreement between the MBC and some members of  
             the midwifery community regarding what constitutes a "bona fide  
             student."  The MBC believes the current statute is very clear  
             regarding a student midwife.

           Some members of the midwifery community hold that an individual who  
             has executed a formal agreement to be supervised by a licensed  
             midwife, but is not formally enrolled in any approved midwifery  
             education program, qualifies the individual as a student in  
             apprenticeship training.  Many midwives consider that an  
             individual may follow an "apprenticeship pathway" to licensure.   
             A Task Force consisting of members of the Midwifery Advisory  
             Council has recently been formed to examine this issue.  However,  
             the issue of students/apprenticeships may need to be addressed by  
             legislation, and SB 304 has been amended to clarify when an  
             individual is considered a bona fide student, and to clarify that  
             a written agreement does not meet the requirement of a program of  
             supervised clinical training.

           b)   Supervision of Midwifery Students by Certified Nurse-Midwives.  
              The MBC's MAC has indicated that BPC § 2514 does not include  
             certified nurse midwives (CNM) as being able to supervise  
             midwifery students.  The MBC recommended amending the law to  
             include CNMs, who are licensed by the Board of Registered Nursing  
             (BRN), as individuals who can supervise midwifery students.   
             Currently both physicians and CNMs are identified as being able  
             to sign off on clinical experience for license midwife students  





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             pursuant to BPC § 2513, but supervision of training is not  
             specifically identified in law.  Accordingly, SB 304 has been  
             amended to include CNMs as those who may supervise midwifery  
             students. 

       6.Related Legislation.   SB 304  (Price, 2013) as it relates to  
          midwifery, clarifies that a "bona fide student" means an individual  
          who is enrolled and participating in a midwifery education program  
          or who is enrolled in a program of supervised clinical training as  
          part of a board-approved postsecondary midwifery education program,  
          and includes certified nurse-midwives as one of those who may  
          supervise midwifery students.

       SB 304 makes a number of additional changes to enhance the MBC's  
          ability to take action against dangerous doctors.  The bill revises  
          the Vertical Enforcement (VE) pilot program in state Attorney  
          General's (AG's) office in which MBC investigators are paired with  
          AG prosecutors from the beginning of the complaint investigation  
          through the prosecution of the case, and deletes the January 1, 2014  
          sunset date, thus making VE a permanent program.  The bill  
          additionally transfers the investigators from the MBC to the AG's  
          office, in keeping with the recommendation of the MBC enforcement  
          monitor made in 2005.  This will locate investigators and  
          prosecutors in the same unit, under the same management, and allow  
          full coordination throughout the enforcement process.  

       SB 304 further makes a number of other enhancements to enable the MBC  
          to more effectively carry out its mandates to protect consumers in a  
          timely manner:  requires Medical Malpractice cases reported to the  
          MBC to be immediately referred for investigation, cutting up to 2  
          months off of these types of cases; requires medical facilities  
          using electronic records to produce those records within 15 days  
          when a signed patient release is given for an investigation;  
          requires a quicker exchange of information about expert witness  
          testimony in disciplinary cases, helping to stop defense lawyers  
          from sandbagging and delaying cases; doubles the timeframe for the  
          Board to file a formal accusation against a doctor, when that  
          doctor's license is suspended by a judge, enabling the MBC to more  
          quickly get a dangerous doctor out of practice without having to  
          first put together a complete case for a formal disciplinary action;  
          authorizes the MBC to immediately require a doctor to cease  
          practicing medicine when the doctor fails to comply with an order by  
          the MBC to submit to psychiatric or medical evaluation of the  
          doctor's fitness to practice medicine; and makes other changes  
          related to the MBC's regulatory programs.  (  Status  :  This bill is  
          awaiting hearing before the Assembly Business, Professions and  
                 




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          Consumer Protection Committee.)

       7.Prior Legislation.   SB 1575  (B&P Comm., Chapter 799, Statutes of  
          2012) was an omnibus bill which established a retired license status  
          for licensed midwives.

        SB 1638  (Figueroa, Chapter 536, Statutes of 2006) required the MBC to  
          create and appoint a MAC.  Required licensed midwives to make  
          specified annual reports to OSHPD regarding birth outcomes;   
          required a licensed midwife who assists or supervises childbirth  
          occurring in an out-of-hospital setting to annually report to OSHPD  
          specified information regarding his or her practice for the previous  
          year;  and required the data to be consolidated by OSHPD and  
          reported back to the MBC for inclusion in the Board's annual report.

           SB 1950  (Figueroa, Chapter 1085, Statutes of 2002) required the MBC  
          to adopt regulations defining the appropriate standard of care and  
          level of supervision required for the practice of midwifery.

           SB 1479  (Figueroa, Chapter 303, Statutes of 2000) expanded the  
          disclosures required to be given by licensed midwives and also  
          required midwives to register birth certificates for home births.

          SB 350 (Killea, Chapter 1280, Statutes of 1993) enacted the  
          "Licensed Midwifery Practice Act of 1993" to provide for the  
          licensing and regulation of non-nurse and non-physician assistant  
          midwives by the MBC.  

       8.Arguments in Support.  The  American Congress of Obstetricians and  
          Gynecologists, District IX, California  (ACOG) who is the Sponsor of  
          the bill states:  "For the twenty years licensed midwives have been  
          authorized to practice in California, there never has been a  
          workable system where licensed midwives and medical professionals  
          can seamlessly work together.  This system failure is bad for  
          licensed midwives, physicians, the Medical Board (whom is  
          responsible for regulating license midwives), hospitals, hospital  
          staff and most importantly, the pregnant woman, her pregnancy and  
          family."  ACOG decided to sponsor the bill in an effort to address  
          some of the problematic issues relating to licensed midwives and  
          physicians.  According to ACOG, the bill began with some of the most  
          direct issues that present barriers to licensed midwifery care.   
          ACOG believes the bill in its current form better implements the  
          intent of the law, by being clear that licensed midwives may obtain  
          the tools they need to practice their profession and that they are  
          able to practice in alternative birth center settings.  






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       ACOG states that physician supervision as called for in the statute has  
          been difficult to impossible to obtain for various reasons.  In  
          reality the liability issues are such that if a physician should  
          work with a license midwife or patient for a planned home birth, and  
          that any lawsuit could financially devastate a physician due to lack  
          of insurance coverage.  ACOG states that they are not intending to  
          fault insurance companies who determine it is too risky to cover  
          this exposure.  ACOG feels that "somehow we must find a solution for  
          an integrated system where the physician is not at risk of losing  
          all of their personal assets by working with this population."   
          According to ACOG, "physicians must work very discretely and  
          carefully with license midwives to try to create boundaries as to  
          their relationship in and attempt to work within the confines of the  
          liability coverage."

       9.Support if Amended.  The  California Association of Midwives  (CAM) has  
          a support if amended position on the bill.  Previously CAM had  
          expressed a support position, because they were hopeful the bill  
          would be amended to address their needs and concerns.  However  
          because the bill contains a provision that reinstates a requirement  
          that the MBC adopt regulations for physician supervision.  CAM  
          states:  "Specifically, AB 1308 currently imposes a requirement on  
          the Medical Board to adopt 'regulations defining the appropriate  
          standard of care and level of supervision required for the practice  
          of midwifery.'  (See page 3, line 34-36)."  CAM indicates that if  
          the bill is amended to remove the above-referenced requirement, CAM  
          will support the bill.  CAM reiterates that its primary objective is  
          to eliminate the physician supervision requirement for licensed  
          midwives in BPC § 2507, "which has proven to be an unworkable  
          restraint on the profession."  CAM finally states:  "Although  
          removing the new rulemaking requirement will not, standing alone,  
          eliminate all problems posed by BPC § 2507, it will allow other  
          positive aspects of AB 1308 to go into effect for the benefit of  
          licensed midwives." 

        The Medical Board of California  (MBC) also is concerned with the bill  
          as it related to the amendments which would require MBC to adopt  
          regulations by July 1, 2015, stating:  "The bill would also require  
          the Board ot adopt regulations to address physician supervision and  
          to identify complications necessitating referral to a physician;  
          however, in the past the Board has been unsuccessful in endeavors to  
          adopt regulations regarding physician supervision.  The Board is  
          supportive of this bill if it is amended to better clarify what the  
          supervision requirements should be in statute, versus in regulation.

       10.Arguments in Opposition.   California Families for Access to Midwives   





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          (CFAM), a statewide nonprofit coalition committed to improving the  
          health of mothers and babies in California by protecting and  
          increasing access to midwifery care.  CFAM argues that the bill  
          threatens Californians access to outofhospital maternity care by  
          restating and implementing the unobtainable (and previously  
          unenforced) requirement that licensed midwives have physician  
          supervision... It is time for Califo11.rnia law to be modernized to  
          match the practical reality of out-ofhospital maternity care, and  
          AB1308 is a step in the wrong direction.  CFAM further states that  
          the physician supervision requirement prevents MediCal from  
          recognizing midwives as independent providers, and therefore serves  
          as a barrier to access for low-income families and families of  
          color, despite the demonstrable benefits of midwifery care."

       12.Concern Among Licensed Midwives.  The Committee has received a  
          number of communications from licensed midwives and families  
          expressing concern that AB 1308 would ultimately prohibit licensed  
          midwives from practicing or working with expectant mothers who  
          desire in-home births.  This concern stems from the provision of  
          existing law which specifies that a midwife is to practice under the  
          supervision of a licensed physician and surgeon.  This concern has  
          been raised in conjunction with the provision in SB 304 which would  
          transfer the investigators from the MBC to the Office of the  
          Attorney General's Health Quality Enforcement Section.

       The concern is that moving the investigators from the MBC to the AG's  
          office would "take enforcement away from the MBC, and result in the  
          Department of Justice taking action against licensed midwives who do  
          not have a supervising physician."  It has been expressed that the  
          MBC has not pursued disciplinary cases against licensed midwives who  
          do not have a physician supervisor because the MBC clearly  
          understands that physician supervision is simply unworkable as the  
          law now exists.  The fear is that once the investigators are  
          transferred to the AG's office, they will now pursue disciplinary  
          actions against licensed midwives.

       However, these concerns are based upon a misunderstanding of how the  
          MBC's enforcement process would work under SB 304.  SB 304 only  
          transfers investigators to the AG's office.  This is done so that  
          investigators who work the case and attorneys who prosecute the MBC  
          enforcement cases can work together in the same office under the  
          same management and organizational structure.  In this way, the  
          timeliness and quality of disciplinary cases will be enhanced.  SB  
          304 does not transfer the enforcement process out from under the  
          MBC.  First, complaints will still be filed by consumers with the  
          MBC and the MBC's enforcement analysts will still review cases for  





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          jurisdiction and validity.  Cases will still be reviewed by the  
          MBC's expert reviewers, and cases will only be sent for  
          investigation at the AG's office if it is first determined by the  
          MBC that an investigation needs to be opened.  The AG's office will  
          not open investigations independent of the MBC.  Second, once an  
          investigation is completed, and a case has been prepared for filing  
          a disciplinary action, the MBC's executive director must sign off on  
          the case in order for the disciplinary case to go forward.  Third,  
          when disciplinary action is initiated against a licensee and a case  
          is heard before an administrative law judge and a proposed decision  
          is rendered, the MBC must adopt the proposed decision in order for  
          the decision to become final.  In short, the MBC initiates the  
          investigation, the MBC executive director signs off on the case once  
          the investigation is completed and the MBC adopts the final decision  
          in a case.  Clearly the MBC makes the critical decisions at the  
          beginning, in the middle and at the end of an enforcement case.  The  
          AG's office will simply not be taking action against a licensed  
          midwife independently from the MBC.

       13.Working Toward Solutions.  The Sponsor has indicated that this bill  
          is still a work in progress and that the greater goal is to achieve  
          a solution where physicians and licensed midwives can work together  
          in an acceptable way where the licensed midwife and pregnant woman  
          can freely consult with medical professionals and have systems in  
          place in case of complications and transfer to the hospital if  
          needed.  The Sponsor states,  "We do not yet know how we will be  
          able to redefine the relationship to a more workable one due to the  
          many factors to be considered.  If we are able to find resolution  
          prior to the end of session, we expect the bill to be brought back  
          before this committee."  Finally, recognizing that the bill will be  
          changing, the Sponsors commit to working with the Senate and  
          Assembly Business and Professions Committees, as well as with the  
          MBC and the licensed midwives.

       It should be noted that once this measure is voted out of this  
          Committee, there will not be another chance to review this measure  
          unless the bill is completely rewritten or is considered as a new  
          bill.  Making substantive amendments to this measure as it moves  
          through the Legislature is not sufficient justification for the bill  
          to be referred back to this Committee for consideration or a  
          subsequent vote.  The members of this Committee may wish to direct  
          Committee staff to work closely with the Author and other  
          stakeholders to come to agreement on changes to the bill.

       14.Recommended Technical Amendment.  Discussions of this bill between  
          Committee staff, the Author's staff, the MBC and the California  





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          Association of Midwives have determined that the requirement in the  
          bill for the MBC to adopt regulations under BPC § 2507 (g) is not  
          needed.  It is noted that the MBC already has broad authority under  
          the Medical Practice Act to adopt, amend or repeal in accordance  
          with the Administrative Procedure Act those regulations necessary to  
          enable it to carry into the effect the provisions of the Act.  (BPC  
          § 2018).   Therefore, the following technical amendment to strike out  
          paragraph (g) from Section 2507 will be offered as an Author's  
          amendment in Committee.   

             On page 3, strike out lines 31 through 37, inclusive.  

        SUPPORT AND OPPOSITION:
        
         Support:        

        American Congress of Obstetricians and Gynecologists, District IX,  
        California (Sponsor

         Support if Amended:  

        California Association of Midwives
        Medical Board of California
        Numerous Individuals



























                                                                        AB 1308
                                                                         Page 15



         Opposition:  

        California Families for Access to Midwives


        Consultant:G. V. Ayers