BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:September 10, 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:September 6, 2013Fiscal:  Yes


        SUBJECT:  Midwifery.

        SUMMARY:  Removes the current statutory requirement for a licensed  
        midwife to practice under the supervision of a physician and surgeon  
        who has current practice or training in obstetrics, and instead  
        specifies:  (1) a midwife may assist in normal pregnancy and birth,  
        and (2) for pregnancies that are not considered normal, the midwife  
        must refer or transfer the client to a physician and surgeon.  Expands  
        and revises the written and oral information that must be given by a  
        licensed midwife to require the information to be part of a client  
        care plan and to provide the client's informed consent to the services  
        of the licensed midwife.  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 adopt regulations specifying the conditions that shall be  
        considered as a preexisting disease or condition likely to affect the  
        pregnancy, or a significant disease arising from the pregnancy.  Makes  
        it a cause for disciplinary action by the MBC for a licensed midwife  
        to fail to refer or transfer a client to a physician and surgeon when  
        required to do so by law.

         NOTE  :  AB 1308 was heard in this Committee on July 1, 2013 and  
        unanimously approved 10-0.  The September 6, 2013 amendments to this  
        measure  rewrite  the bill as defined in Senate Rule 29.10 (e), in that  
        it:  "makes a change of . . . policy significance that may be  
        appropriate for review by a standing committee."  Therefore, the bill  
        has been referred to this Committee pursuant to Senate Rule 29.10 (b)  
        for consideration.  The Committee may by a vote of the majority of the  
        membership do any of the following:  1) hold the bill, 2) return the  





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        bill as approved by the committee to the Senate floor, or 3) refer the  
        bill to a Fiscal Committee pursuant to Joint Rule 10.5.

        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 as 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))

       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)   If 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)Establishes educational requirements for a midwifery license to  
          include:  (BPC § 2512.5)





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           a)   Successful completion of a three-year postsecondary midwifery  
             education program accredited by an accrediting organization  
             approved by the MBC. 

           b)   The education program curriculum shall consist of not less  
             than 84 semester units or 126 quarter units, as specified.

           c)   The education program shall provide both academic and clinical  
             preparation equivalent, but not identical to programs accredited  
             by the American College of Nurse Midwives, and includes the  
             following areas:

             i)     The art and science of midwifery, as specified.

             ii)       Communications skills, including principles of oral,  
               written, and group communications.

             iii)      Anatomy and physiology, genetics, obstetrics and  
               gynecology, embryology and fetal development, neonatology,  
               applied microbiology, chemistry, child growth and development,  
               pharmacology, nutrition, laboratory diagnostic tests and  
               procedures, and physical assessment.

             iv)       Concepts in psychosocial, emotional, and cultural  
               aspects of maternal and child care, human sexuality, counseling  
               and teaching, maternal, infant and family bonding process,  
               breast feeding, family planning, principles of preventive  
               health, and community health.

             v)     Aspects of the normal pregnancy, labor and delivery,  
               postpartum period, newborn care, family planning, routine  
               gynecological care in alternative birth centers, homes, and  
               hospitals.

       1)Provides that an approved midwifery education program shall offer the  
          opportunity for students to obtain credit by examination for  
          previous midwifery education and clinical experience, as specified.   
          (BPC § 2513) 

       2)Requires each licensed midwife who assists or supervises a student  
          midwife in assisting in childbirth that occurs in an out-of-hospital  
          setting, to annually report specified information to the Office of  
          Statewide Health Planning and Development (OSHPD) in a form  
          specified by the MBC.  (BPC § 2516)






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       3)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)Makes legislative findings and declarations, that :

           a)   Licensed midwives have been authorized to practice since 1993,  
             as specified, and that while there is no specified practice  
             setting in which licensed midwives may provide care, the reality  
             is that the majority of births delivered by licensed midwives are  
             planned as home births

           b)   Planned home births are safer when care is provided as part of  
             a collaborative delivery model in which medical professionals may  
             freely consult on patient care to maximize client safety and  
             positive outcomes.

       1)Revises the midwife scope of practice to include attending cases of  
          normal pregnancy and childbirth, and deletes the requirement that a  
          licensed midwife practice under the supervision of a physician and  
          surgeon who has current practice or training in obstetrics.

       2)Provides that a licensed midwife shall only assist a woman in normal  
          pregnancy and childbirth, defined as meeting the following  
          conditions:

           a.   There is an absence of any preexisting maternal disease or  
             condition likely to affect the pregnancy and significant disease  
             arising from the pregnancy.

           b.   It is a single birth.

           c.   The fetus is positioned head first during birth.

           d.   The gestational age of the fetus at birth is more than 37  
             weeks, and less than 42 weeks.





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           e.   Labor is spontaneous or induced in an outpatient setting.

       3)Provides for the following, if there is a preexisting maternal  
          disease or condition likely to affect the pregnancy, or if there is  
          a significant disease arising from the pregnancy, and the woman  
          still desires to be a client of the midwife:

           a.   The midwife shall provide the woman with a referral for  
             examination by a physician trained in obstetrics and gynecology.

           b.   The midwife may assist the woman in pregnancy and childbirth  
             only if an examination by a physician trained in obstetrics and  
             gynecology is obtained and the physician determines that the risk  
             factors presented are not likely to significantly affect the  
             course of pregnancy and childbirth.

           c.   The MBC is required to adopt regulations specifying the  
             conditions that shall be considered as a preexisting disease or  
             condition likely to affect the pregnancy, or a significant  
             disease arising from the pregnancy.

       1)Specifies the following regarding referral of a client to a  
          physician:

           a.   Requires that if the client's condition deviates from normal  
             at any point in the pregnancy, childbirth or postpartum care, the  
             midwife shall immediately refer or transfer the client to a  
             physician.

           b.   Provides that if the physician determines the risk factors of  
             the client's disease or condition are not likely to significantly  
             affect the course of pregnancy or childbirth, the midwife may  
             resume primary care and assist the client in pregnancy,  
             childbirth and postpartum care.

           c.   Provides that if the physician determines the client's  
             condition or concern is not resolved, the midwife may provide  
             concurrent care with the physician if authorized by the client;  
             however, the midwife may not resume primary care of the client. 

           d.   Prohibits a midwife from providing or continuing to provide  
             care to a woman with a risk factor that will significantly affect  
             the course of pregnancy and childbirth, regardless of whether the  
             woman has consented to this care or refused care by a physician.






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       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)Deletes the requirement for 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.  

       3)Revises and expands the existing oral and written disclosures  
          required of a licensed midwife to a prospective client to include,  
          as part of a client care plan, and obtain informed consent to the  
          following:
           a.   The client is retaining a licensed midwife, not a certified  
             nurse midwife and the licensed midwife is not supervised by a  
             physician and surgeon.

           b.   The midwife's license status and license number.

           c.   The practice setting in which the midwife practices.

           d.   That many physicians do not have liability insurance coverage  
             for services provided by someone having a planned out-of-hospital  
             birth.

           e.   The acknowledgement that if the client is advised to consult a  
             physician, failure to do so may affect the client's legal rights  
             in any professional negligence actions against a physician,  
             licensed health care professional, or hospital.

           f.   There are conditions outside the scope of practice of a  
             licensed midwife that will result in a referral for consultation,  
             or transfer to a physician.

           g.   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.

           h.   If in the course of care, the client is informed that she has  
             a condition requiring the need for a mandatory transfer; the  
             midwife shall initiate the transfer.

           i.   The availability of the text of the laws regulating licensed  
             midwifery on the MBC's Internet Web site.






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           j.   Consultation with a physician does not alone create a  
             physician/client relationship or any other relationship with the  
             physician.

           aa.  The licensed midwife and consulting physician are not  
             employees, partners, associates, agents or principles of one  
             another.

           bb.  The licensed midwife is independently licensed and practicing  
             midwifery and is solely responsible for the services provided.

       1)Provides that if a client is transferred to a hospital, the licensed  
          midwife shall provide all related records and speak with the  
          receiving physician about labor up until the point of transfer.   
          Requires a hospital to report each transfer of a planned  
          out-of-hospital birth to the MBC and the California Maternal Quality  
          Care Collaborative on a form developed by the Board.

       2)Provides that beginning January 1, 2015, applicants for a midwifery  
          license shall not substitute clinical experience for formal didactic  
          education.

       3)Revises the annual report submitted by a licensed midwife to the  
          Office of Statewide Health Planning and Development to delete the  
          requirement to report the total number of clients served by the  
          licensee.

       4)Authorizes the MBC, with the input from the MBC's Midwifery Advisory  
          Council, to adjust the data elements required to be reported to  
          better coordinate with other reporting systems, as specified.

       5)Provides that the MBC may take disciplinary action to suspend or  
          revoke the license of a midwife for failing to do any of the  
          following when required to do so by law:

           a.   Consult with a physician and surgeon. 

           b.   Refer a client to a physician and surgeon.

           c.   Transfer a client to a hospital.

       1)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.

       2)Makes a correcting change to refer to the American Association of  





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          Birth Centers rather than the National Association of Childbearing  
          Centers.

        FISCAL EFFECT:  Senate Appropriations Committee staff has indicated  
        that this bill would have minor fiscal impact, and has recommended the  
        bill be referred to the Senate Floor if approved by the Senate  
        Committee on Business, Professions and Economic Development.

        COMMENTS:
        
       1.Recent Amendments to the Bill.  As noted above, the September 6, 2013  
          amendments to the bill are of policy significance and make it  
          appropriate for this Committee to review the amendments.  When the  
          Committee heard the bill on July 1, there had been discussion, but  
          no resolution, on the issue of physician supervision of licensed  
          midwives.  The current amendments to the bill reflect the negotiated  
          agreement between the Sponsor of the bill, the American Congress of  
          Obstetricians and Gynecologists, District IX, California, the  
          California Association of Midwives, and California Families for  
          Access to Midwives.  

       The amendments remove the current statutory requirement for a licensed  
          midwife to practice under physician supervision, and instead  
          specify:  1) a midwife may assist in normal pregnancy and birth, and  
          2) for pregnancies that are not considered normal, the midwife must  
          refer or transfer the client to a physician and surgeon.  The  
          amendments further expand and revise the written and oral  
          information that must be given by a licensed midwife to require the  
          information to be part of a client care plan and to provide the  
          client's informed consent to the services of the licensed midwife.

       2.Purpose.  This bill is sponsored by  American Congress of  
          Obstetricians and Gynecologists, District IX, California  (Sponsor).   
          According to the Author, in addition to the amendments described  
          above, 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.






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                 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 for the MBC to 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 MBC continue to explore this topic, and that clients  
              understand ahead of time, what the referral 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.

                 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 midwives 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.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 which offers a midwifery student the  
          opportunity to obtain credit by examination for previous midwifery  
          education and clinical experience  (BPC § 2513(t)).  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 (MAC).  The MAC is  
          made up of licensed midwives (at least half of the MAC must be  
          licensed midwives), a MBC member, a physician, and a member of the  
          public (currently an individual who has received services from 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 Mechanism, 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.

       2.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) required 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 client or their newborn to the  
          hospital, many hospitals will not accept a client 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 until now.  There has been 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 clients 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.

       The current amendments are the product of diligent negotiations by the  





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          Author working with the Sponsor, licensed midwives, and consumer  
          advocates for midwifery care.  The amendments remove the requirement  
          for physician supervision, and instead replace it with a  
          client/physician consultation requirement for high-risk pregnancies.  
           The amendments narrowly craft the description of normal pregnancies  
          and births that a licensed midwife may assist in.  The amendments  
          require that for pregnancies that are not considered normal, the  
          licensed midwife must refer or transfer the client to a physician.   
          The amendments make it a cause for disciplinary action for a  
          licensed midwife to fail to refer or transfer a client to a  
          physician when required to do so.

       3.Removal of Substitution of Clinical Experience.  There are currently  
          two pathways to licensure as a midwife in California:  1) by  
          completion a three-year postsecondary education program in an  
          accredited midwifery school approved by the board, or 2) by  
          Challenge Mechanism.  The challenge process specified in BPC §  
          2513(t) offers a midwifery student the opportunity to obtain credit  
          by examination for previous midwifery education and clinical  
          experience. 

       This bill revises these provisions to specify that beginning January 1,  
          2015, applicants for a midwifery license shall not substitute  
          clinical experience for formal didactic education.  

        It is important to note that removing this Challenge Mechanism does not  
          eliminate or affect the formal education requirement in the law.  On  
          the contrary, it actually reinforces it, by eliminating the ability  
          to substitute on-the-job training for formal didactic teaching.   
          This bill does nothing to the existing education requirements other  
          than closing a loophole so that someone could not qualify through  
          the Challenge Mechanism only with clinical experience.   This  
          amendment was requested by both ACOG and the MAC  .  

        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 client will not obtain the necessary tests to help  
          the midwife monitor the client during pregnancy.  In addition, not  
          being able to obtain the necessary medical supplies for the practice  





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          of midwifery adds additional risk to the licensed midwife's client  
          and baby.

       The MBC, through the MAC, held meetings regarding the lab order and  
          medical supplies and 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 and 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 regulatory entities reviewed this year.  As a  
          part of the 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 Review hearings.  As a result, the two  
          bills, AB 1308 and SB 304, work in concert with one another to  
          address midwifery issues.  The following summarizes issues directly  
          related to licensed midwives in SB 304: 

           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.






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           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 MAC has recently been  
             formed to examine this issue.  However, the issue of students in  
             apprenticeship training may need to be addressed by legislation.   
             Thus, SB 304 has been amended to clarify: 1) when an individual  
             is considered a bona fide student; and, 2) 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 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 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 also makes a number of  
          additional changes to enhance the MBC's ability to take action  
          against dangerous doctors and  to effectively carry out its mandates  
          to protect consumers in a timely manner.  
       (  Status  :  This bill is in the Senate for concurrence in the Assembly  
          amendments.)

       7.Prior Legislation.   SB 1638  (Figueroa, Chapter 536, Statutes of 2006)  
          required the MBC to create and appoint a MAC.  Required a licensed  
          midwife to make an annual report 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 her practice for the previous year;  
          and required the data to be consolidated by OSHPD and reported back  





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          to the MBC for inclusion in the MBC'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 Sponsors of the bill,  American Congress of  
          Obstetricians and Gynecologists, District IX, California  states that  
          since the last committee hearing on the bill, the principles,  
          including ACOG-IX, the California Association of Midwives, and  
          California Families for Access to Midwives, working with the Author  
          and staff, have arduously labored to come to an agreement on  
          language as reflected in the bill.  ACOG indicates that 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 failure is bad for licensed midwives, physicians, the MBC,  
          hospitals, hospital staff and most importantly, the pregnant woman,  
          her pregnancy, and family.  ACOG states that the bill is "a  
          significant, if not historic, step forward to making the system  
          better and safer for California mothers who choose out of hospital  
          births, and for their babies."  ACOG believes that, "hospitals are  
          the safest settings for birth.  However we respect the right of  
          women to make an informed choice to deliver at home, and want to do  
          everything possible to make this choice as safe as possible.  Our  
          priority is client safety.  We believe this bill makes a marked step  
          forward in improving client safety."

       The  California Association of Midwives  (CAM) states the bill addresses  
          several longstanding issues with the statutory provisions governing  
          the care provided by licensed midwives in California.  CAM states  
          the bill will remove the unattainable physician supervision  
          requirement from California's Licensed Midwifery Practice Act.  CAM  
          contends:  "With the ongoing implementation of the Affordable Care  
          Act, it is more important than ever for affordable maternity care  
          options to be made available to all families.  Currently, the  
          physician supervision requirement is a barrier to access because it  





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          prevents Medi-Cal from recognizing licensed midwives as independent  
          providers capable of providing comprehensive prenatal, birth, and  
          postpartum care.  As such, low income women are prevented from  
          accessing care even though they can benefit greatly."  AB 1308 also  
          makes a number of additional changes to the midwifery authorizing  
          statute which will promote high value, safe, coordinated midwifery  
          care, as well as adding licensed midwives as providers in  
          Alternative Birth Centers, according to CAM.

       The  California Nurse-Midwives Association  (CNMA) supports the bill  
          stating the state of California recognizes two groups of  
          professional midwives:  "licensed midwives" regulated by the MBC and  
          "certified nurse-midwives" regulated by the Board of Registered  
          Nursing.  Both groups contribute proudly to California's women's  
          health care workforce, and specifically aim to provide women with  
          safe birth options, including out-of-hospital.  Certified  
          nurse-midwives provide care in clinics, hospitals, birth centers,  
          and in the home setting.  While most nurse-midwives provide care in  
          a hospital setting, some do choose to work in out-of-hospital  
          settings, as well.  CNMA states:  "Home birth as provided by  
          qualified [licensed midwives] and [certified nurse-midwives] is an  
          essential option for the women and families of California, in line  
          with a woman's right to self-determination and participation in her  
          health care choices."

        California Families for Access to Midwives  (CFAM), states the bill  
          expands access to midwifery care, and allows most California women  
          to benefit from the unparalleled level of comprehensive, empowering,  
          low-cost maternity care that licensed midwives provide.  CFAM  
          states:  "Midwives have always and will always provide an in  
          immeasurably valuable service to women and their families.   
          Unfortunately, the state of California has for two decades required  
          licensed midwives to practice under the unobtainable, unnecessary,  
          and discriminatory requirement of physician supervision.  The  
          requirement of physician supervision serves no practical purpose  
          other than as a barrier to access, which prevents Medi-Cal families  
          from receiving midwifery care.  This has created an illogical  
          two-tier maternity care system in which low-income Californians are  
          denied the care from which they can most benefit."

        SUPPORT AND OPPOSITION:
        
         Support:  

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





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        California Association of Midwives
        California Families for Access to Midwives
        California Nurse-Midwives Association (CNMA)

         Opposition:  None on file as of September 10, 2013

        Consultant:G. V. Ayers