BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1306


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          Date of Hearing:  April 28, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 1306  
          (Burke) - As Introduced February 27, 2015


          SUBJECT:  Healing arts:  certified nurse-midwives:  scope of  
          practice.


          SUMMARY:  Removes the physician supervision requirement for  
          certified nurse midwives (CNMs) allowing them to manage a full  
          range of primary health services, perform peripartum care,  
          provide emergency care when a physician is not present and  
          perform and repair episiotomies in all practice settings.


          EXISTING LAW:


          1)The Nursing Practice Act, provides for the licensure and  
            regulation of the practice of nursing by the Board of  
            Registered Nursing (BRN), within the Department of Consumer  
            Affairs, and authorizes the board to issue a certificate to  
            practice nurse-midwifery to a person who meets educational  
            standards established by the board or the equivalent of those  
            educational standards.  (Business and Professions Code (BPC) §  
            2700 et seq.)


          2)Authorizes a CNM, under the supervision of a licensed  
            physician and surgeon, to attend cases of normal childbirth  








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            and to provide prenatal, intrapartum, and postpartum care,  
            including family-planning care, for the mother, and immediate  
            care for the newborn.  (BPC § 2746.5 (a))


          3)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.  (BPC § 2746.5 (b))


          4)Authorizes a CNM to furnish and order drugs or devices  
            incidentally to the provision of family planning services,  
            routine health care or perinatal care, and care rendered  
            consistently with the CNM's educational preparation in  
            specified facilities and clinics, and only in accordance with  
            standardized procedures and protocols, as specified.  (BPC §  
            2746.51 et seq.)


          5)Authorizes a CNM to perform and repair episiotomies and to  
            repair first-degree and second degree lacerations of the  
            perineum in a licensed acute care hospital and a licensed  
            alternate birth center, if certain requirements are met,  
            including, but not limited to, that episiotomies are performed  
            pursuant to protocols developed and approved by the  
            supervising physician and surgeon.  (BPC § 2746.52)


          THIS BILL:


          6)Requires an applicant for a certificate to practice  
            nurse-midwifery to provide evidence of current advanced level  
            national certification by a certifying body that meets  
            standards established and approved by the BRN. 
          7)Requires the BRN to create and appoint a Nurse-Midwifery  








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            Advisory Council (Council) consisting of CNM in good standing  
            with experience in hospital and nonhospital practice settings,  
            a nurse-midwife educator, as specified, and a consumer of  
            midwifery care. 


          8)Requires the council to make recommendations to the board on  
            all matters related to nurse-midwifery practice, education,  
            and other matters specified by the board, and would require  
            the council to meet regularly, but at least twice a year.


          9)Authorizes a certified nurse-midwife to manage a full range of  
            primary health care services for women from adolescence beyond  
            menopause, including, but not limited to, gynecologic and  
            family planning services. 


          10)Authorizes a certified nurse-midwife to practice in all  
            settings, including, but not limited to, a home. 


          11)Declares that the practice of nurse-midwifery within a health  
            care system provides for consultation, collaboration, or  
            referral as indicated by the health status of the client and  
            the resources of the medical personnel available in the  
            setting of care, and would provide that the practice of  
            nurse-midwifery emphasizes informed consent, preventive care  
            and early detection and referral of complications to a  
            physician and surgeon. 


          12)Authorizes a certified nurse-midwife to provide peripartum  
            care in an out-of-hospital setting to low-risk women with  
            uncomplicated singleton-term pregnancies who are expected to  
            have uncomplicated birth.


          13)Deletes the requirement that drugs or devices are furnished  








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            or ordered in accordance with standardized procedures and  
            protocols. 


          14)Authorizes a certified nurse-midwife to furnish and order  
            drugs or devices in connection with care rendered in a home,  
            and would authorize a certified nurse-midwife to directly  
            procure supplies and devices, to order, obtain, and administer  
            drugs and diagnostic tests, to order laboratory and diagnostic  
            testing, and to receive reports that are necessary to his or  
            her practice as a CNM and that are consistent with  
            nurse-midwifery education preparation.


          15)Authorizes a certified nurse-midwife to perform and repair  
            episiotomies and to repair first-degree and second degree  
            lacerations of the perineum in a patient's home, and deletes  
            all requirements that those procedures be performed pursuant  
            to protocols developed and approved by the supervising  
            physician and surgeon. 


          16)Requires a certified nurse-midwife to provide emergency care  
            to a patient during times when a physician and surgeon is  
            unavailable.


          17)Indicates that a consultative relationship between a CNM and  
            a physician and surgeon by itself is not a basis for finding  
            the physician and surgeon liable for any acts or omissions on  
            the part of the CNM. 


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
            Legislative Counsel.


          COMMENTS:









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          18)Purpose.  This bill is sponsored by the  California Nurse  
            Midwives Association  .  According to the author, "AB 1306  
            creates a level of parity in the law between [Licensed  
            Midwives] and CNMs by removing the physician supervision  
            requirements for CNMs, allowing them to practice independently  
            within their scope of practice.  If signed into law, CNMs will  
            be able to provide a full range of services for women in all  
            settings, furnish and order prescription drugs, supplies, and  
            devices, order, obtain, and administer diagnostic tests, and  
            receive reports.


          Most pregnancies and births are completely normal physiologic  
            events.  When permitted to work to the full extent of their  
            education and experience, CNMs can expertly manage more births  
            in California.  Untethering CNMs from physician supervision  
            requirements will increase access to primary health care  
            services for thousands of women in both urban and rural  
            areas." 


          19)Background.  Midwifery is the care of childrearing women  
            during pregnancy, labor and birth and during the postpartum  
            period.  Midwifery services are offered by CNMs, who are  
            regulated by the BRN and Licensed Midwives (LMs) who are  
            regulated by the Medical Board of California (MBC).  While  
            both CNMs and NMs practice midwifery, there are differences in  
            their education requirements, practice settings and  
            supervision requirements.  


          Education.  CNMs are licensed registered nurses with a  
            certificate to practice midwifery, have acquired additional  
            training in the field of obstetrics and are certified by the  
            American College of Nurse Midwives.  


          LMs have completed a three-year postsecondary education program  








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            in an accredited midwifery school approved by the Medical  
            Board or via the Challenge Mechanism.  The Challenge Mechanism  
            is an approved midwifery education program which allows  
            students to obtain credit by examination for previous  
            midwifery education and clinical experience. 


          Practice Settings.  LMs can practice in home, birth centers and  
            clinics.  CNMs can practice in the same settings, but, unlike  
            LMs, they can also practice in hospital settings.  In 2012,  
            CNMs attended approximately 8.5 percent of all births in  
            California - the majority of which took place in a hospital  
            and 1365 were in free-standing birth centers.  It is estimated  
            that ninety percent of all CNM attended births take place in a  
            hospital setting.


          CNM care is a federally mandated Medicaid benefit.  According to  
            the Centers for Disease Control, in 2012, 30 percent of CNM  
            attended births in California were Medicaid, 65 percent were  
            private pay and 2 percent were self-pay.  


          Physician Supervision.  In California, LMs are permitted to  
            practice without the supervision of a physician.  However,  
            despite the fact that many states allow CNMs to practice  
            independently, California is one of six states that still  
            requires physician supervision of CNMs.  California law  
            specifies that the supervision shall not be construed to  
            require the physical presence of the physician.  It also  
            requires that in order for a CNM to prescribe medication, a  
            physician needs to be telephonically available.  


          According to the author, although the supervision requirement  
            tethers CNMs to practice only where a physician can supervise,  
            it does not consist of actual oversight of health care  
            delivery, inspection or review of charts, co-signature on  
            prescriptions, direct care of the patient or evaluation of CNM  








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            patients at any point during pregnancy or well-woman care.  


          Changes to CNMs Scope of Practice.  If this measure is enacted,  
            a number of changes to the scope of practice for a CNM and  
            authorization for a CNMs independent practice would be made.   
            These include: 


             a)   Management of a full range of primary health care  
               services for women from adolescence beyond menopause,  
               including, but not limited to, gynecologic and family  
               planning services. 
             b)   Practice in all settings, including, but not limited to,  
               a home. 


             c)   Authorization to provide peripartum care in an  
               out-of-hospital setting to low-risk women with  
               uncomplicated singleton-term pregnancies who are expected  
               to have an uncomplicated birth.


             d)   A CNM would no longer be required to adhere to  
               standardized procedures and protocols when:


                  i.        furnishing drugs or devices in connection with  
                    care rendered in a home; 
                  ii.procuring supplies and devices; 


                  iii.ordering, obtaining, and administering drugs and  
                    diagnostic tests; 


                  iv.ordering laboratory and diagnostic testing; 










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                  v.        receiving reports that are necessary to his or  
                    her practice as a CNM; 


                  vi.performing and repairing episiotomies and to repair  
                    first-degree and second degree lacerations of the  
                    perineum in a patient's home; and,


                  vii.      providing emergency care to a patient during  
                    times when a physician and surgeon is unavailable.
          Prior Related Legislation.  AB 1308 (Bonilla), Chapter 665,  
            Statutes of 2013, removed physician supervision requirements  
            for licensed midwives.


          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.
          ARGUMENTS IN SUPPORT:                                             
                                                                  


          The  California Nurse Midwives Association  (sponsor) writes in  
            their letter of support, "AB 1306 provides no new authority  
            for CNMs than they currently provide. It ensures they can  








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            practice as they currently do without physician  
            supervision?CNM attended births have documented excellent  
            maternity care outcomes?The excellent outcomes consistently  
            achieved by nurse-midwives are the result of the midwifery  
            model of care, not state-mandated relationships with  
            physicians."                                                    
                                                                            
                             


          The  California Association for Nurse Practitioners  supports the  
            bill and writes, "With the addition of millions of individuals  
            to California's healthcare system due to ACA implementation,  
            more healthcare providers are crucial to ensure quality,  
            timely access to care?AB 1306 will assist in addressing this  
            problem by allowing nurse-midwives to work collaboratively  
            with physicians to provide women's health care services across  
            the state, including pregnancy and delivery care."  


            Access Women's Health Justice  ,  Beach Cities Midwifery & Women's  
          Health Care  ,  Beachside Birth Center  ,  California Association of  
          Nurse Anesthetists  ,  Yes2Kollege Education Resources,  and the  
           Women's Community Clinic,  all similarly write in their support  
          letters, "Physician collaboration is and has always been a  
          hallmark of nurse-midwifery care and AB 1306 will not change  
          that?According to ACOG, California is facing a workforce  
          shortage of women's health care providers?AB 1306 will not  
          change the way that nurse-midwives currently practice and will  
          not change the high quality of care provided by nurse-midwives."  
           


          ARGUMENTS IN OPPOSITION:


          The  California Medical Association  opposes the bill and writes,  
          "The CMA believes that AB 1306 allows certified nurse midwives  
          to independently engage in the practice of medicine and lacks  








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          several important patient protection statutes that include, but  
          are not limited to: 1) the corporate practice of medicine, 2)  
          self-referral and anti-kickback prohibitions, 3) standard of  
          care and 4) prescribing oversight."


          POLICY ISSUES FOR CONSIDERATION:


          Examination Requirement.  As highlighted by the opposition, this  
          bill would authorize a CNM to work independently, without the  
          supervision of a physician, and perform primary care services  
          including gynecology.  As such, the author may wish to amend the  
          bill to include a requirement for an examination that would take  
          place at the conclusion of the CNM's residency.  This  
          examination should include criteria similar to the United States  
          Medical Licensing Examination, Step 3 which medical residents  
          are required to take in order to show competency in practicing  
          as an independent and unsupervised medical professional. 


          Corporate Practice of Medicine (CPM).  The CPM is defined as any  
          involvement of corporations in medicine. The CPM may also be  
          defined more narrowly, for example, as the employment of a  
          physician by a lay-controlled corporation that sells the  
          services of the physician for a profit or provides the  
          physician's services to its employees free of charge.  The CPM  
          now most commonly refers to the employment of physicians by  
          hospitals, but is also still used to refer to employment of  
          physicians by for-profit and non-profit corporate entities and  
          government (see BPC § 2400).





          This bill does not include a provision that prohibits the CPM.   
          As such, the author should consider amending the bill to include  
          language that explicitly prohibits the CPM considering that the  








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          provisions of the bill would allow CNMs to act as a primary care  
          physicians.  The addition of this language would serve as an  
          important patient protection measure.





          Cross Collaboration Between Advisory Councils.  This bill would  
          impact the practice of CNMs.  It would also create a Nurse  
          Midwives Advisory Council within the BRN.  The MBC has a similar  
          committee, the MBC Midwifery Advisory Council, which vets issues  
          germane to the practice of midwifery.  As such, it may be  
          fruitful to require cross collaboration between the two  
          committees as the practice of midwifery falls within the scope  
          of practice for both CNMs and LMs.





          Self-referrals.  Another patient protection measure that is not  
          included in the bill is specific language that addresses  
          self-referrals. California law contains prohibitions against  
          self-referral in the Physician Ownership and Referral Act of  
          1993 (PORA) which applies to healthcare licensees.  Under PORA,  
          a "financial interest" includes direct or indirect compensation.  
           This means that a physician should not have a stock ownership  
          in the entity to which the physician is referring in order for  
          PORA to apply (see BPC § 650.01). 





          The author should include language in the bill that references  
          these sections of law to ensure that the CNMs financial  
          interests are not involved in the provision of medical care to  
          patients.








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          REGISTERED SUPPORT:  


          California Nurse Midwives Association (sponsor)


          AARP


          Access Women's Health Justice


          American Association of Birth Centers


          American Nurses Association California


          Association of California Healthcare Districts


          Beachside Birth Center


          Beach Cities Midwifery & Women's Health Care


          California Association of Nurse Anesthetists


          California Association for Nurse Practitioners


          Maternal and Child Health Access








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          Women's Community Clinic


          Yes2Kollege Education Resources Inc.


          Over 50 individuals




          REGISTERED OPPOSITION:  
          California Medical Association


          1 individual




          Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. /  
          (916) 319-3301