BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 408          Hearing Date:    April 6,  
          2015
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          |Author:   |Morrell                                               |
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          |Version:  |April 6, 2015                                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Huchel                                          |
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                            Subject:  Midwife assistants.


          SUMMARY:  Establishes minimum training requirements and duties that may  
          be performed by a midwife assistant. 

          Existing law:
          
          1) Establishes the Medical Board of California (MBC) to enforce  
             the provisions of the Medical Practice Act.  (Business and  
             Professions Code (BPC) Sections 2001and 2004)

          2) Defines "medical assistant" as someone who may be unlicensed,  
             who performs basic administrative, clerical, and technical  
             supportive services for a physician, podiatrist, physician  
             assistant, nurse practitioner, or certified nurse-midwife.  
          (BPC § 2069)   

          3) Establishes training requirements and permitted functions for  
             medical assistants.  (Title 16, California Code of  
             Regulations §§ 1366 et seq.)

          4) Requires the MBC to create a Midwifery Advisory Council to  
             make recommendations on matters specified by MBC.  (BPC §  
             2509)

          5) Regulates the practice of licensed midwifery (BPC §§ 2505 et  
             seq.)








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          This bill:

          1)Authorizes a midwife assistant to do all of the following:

             a)   Administer medication only by intradermal, subcutaneous,  
               or intramuscular injections and perform skin tests and  
               additional technical support services upon the specific  
               authorization and supervision of a licensed midwife.  A  
               midwife assistant may also perform these tasks and services  
               in a licensed clinic upon the specific authorization of a  
               licensed midwife.

             b)   Perform venipuncture or skin puncture for the purposes  
               of drawing blood upon specific authorization and under the  
               supervision of a licensed midwife, if the midwife assistant  
               has met the educational and training requirements for  
               medical assistants, as specified.  Requires each employer  
               of the assistant to retain a copy of any related  
               certificates as a record.

             c)   Administer medications orally, sublingually, topically,  
               rectally, or by providing a single dose to a patient for  
               immediate self-administration, and administer oxygen at the  
               direction of the supervising licensed midwife.  The  
               licensed midwife shall verify the correct medication and  
               dosage before the midwife assistant administers medication.

             d)   Assist in immediate newborn care when a licensed midwife  
               is engaged in a concurrent activity that precludes the  
               licensed midwife from doing so.

             e)   Assist in placement of the device used for auscultation  
               of fetal heart tones when a licensed midwife is engaged in  
               a concurrent activity that precludes the licensed midwife  
               from doing so.

             f)   Collect by noninvasive techniques and preserve specimens  
               for testing, including, but not limited to, urine.

             g)   Assist patients to and from a patient examination room,  
               bed, or bathroom.

             h)   Assist patient in activities of daily living, such as  
               assisting with bathing or clothing.








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             i)   Provide patient information and instructions as  
               authorized by the licensed midwife.

             j)   Collect and record patient data, including height,  
               weight, temperature, pulse, respiration rate, blood  
               pressure, and basic information about the presenting and  
               previous conditions.

             aa)  Perform simple laboratory and screening tests  
               customarily performed in a medical or midwife office.

             bb)  Perform additional midwife technical support services  
               under regulations and standards established by the MBC.

          2)Shall not be construed as authorizing:

             a)   The licensure of midwife assistants.

             b)   The administration of local anesthetic agents by a  
               midwife assistant. 

             c)   MBC to adopt any regulations that violate the  
               prohibitions on diagnosis or treatment, as specified.  

             d)   A midwife assistant to perform any clinical laboratory  
               test or examination for which he or she is not authorized,  
               as specified

          3)Prohibits the employment of a midwife assistant for inpatient  
            care in a licensed general acute care hospital.

          4)Defines the following terms:

             a)   A "midwife assistant" is a person, who may be  
               unlicensed, who performs basic administrative, clerical,  
               and midwife technical supportive services, is at least 18  
               years of age, and has met the same minimum amount of  
               training hours established for a medical assistant.  The  
               midwife assistant shall be issued a certificate by the  
               training institution or instructor indicating satisfactory  
               completion of the required training. 

             b)   "Midwife technical supportive services" are simple,  








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               routine medical tasks and procedures that may be safely  
               performed by a midwife assistant who has limited training  
               and who functions under the supervision of a licensed  
               midwife.

             c)   "Specific authorization" means a specific written order  
               prepared by the supervising midwife authorizing the  
               procedures to be performed on a patient, that shall be  
               placed in the patient's medical record, or a standing order  
               prepared by the supervising midwife authorizing the  
               procedures to be performed.  A notation of the standing  
               order shall be placed in the patient's medical record.

             d)   "Supervision" means the supervision of procedures by a  
               licensed midwife, within his or her scope of practice, who  
               is physically present on the premises during the  
               performance of those procedures.

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

          
          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the  Medical Board of  
             California (MBC)  .  According to the Author, it has been  
             brought to MBC's attention that licensed midwives need to  
             use, and are using, assistants.  However, there is no  
             regulation of midwife assistants, and licensed midwives are  
             not authorized to use medical assistants.  This bill creates  
             a regulatory framework for the qualifications of and services  
             that may be provided by midwife assistants modelled after  
             those for medical assistants.  

          2. Unregulated Current Practice.  Licensed midwives are not  
             authorized to supervise medical assistants, but there is a  
             practice need for support.  According to the sponsor,  
             licensed midwives are currently using assistants in various  
             forms; some  use other licensed midwives as assistants, while  
             others use a midwife student who has an official agreement  
             with a midwifery school to provide clinical training.  Others  
             may even use someone with no formal midwifery training or  








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             someone that the licensed midwife has trained.  This has led  
             to a wide variation in assistant quality and potentially  
             serious consumer protection issues.  This issue was raised in  
             the MBC's 2012 Sunset Review Report and it was recommended  
             that legislation authorizing midwife assistants be pursued.    
              

             This bill is modeled on the current regulation of medical  
             assistants by the MBC.  Medical assistants are unlicensed,  
             but certificated, individuals.  A medical assistant must have  
             a high school diploma or GED equivalent and take a  
             certificate course at an approved school.  The exact duration  
             of these programs vary, but San Francisco State University,  
             for example, requires 140 classroom hours and a clinical  
             externship.  Medical assistants also must complete a minimum  
             of 60 hours of continuing education over 5 years. 

             This bill provides for the similar training, scope of  
             practice, and supervision of midwife assistants, as it  
             relates to a licensed midwife's practice needs.

          3. Supervision by Certified Nurse Midwives.  Current law allows  
             certified nurse midwives, but not licensed midwives, to  
             supervise medical assistants.  This bill allows licensed  
             midwives, but not certified nurse midwives, to supervise  
             midwife assistants.  Given that both licensed midwives and  
             certified nurse midwives practice in many of the same  
             non-hospital settings, it may be in the Author's interest to  
             explore allowing supervision by certified nurse midwives as  
             well, to reconcile potential staffing issues.  

          4. Arguments in Support.  The  Medical Board of California (MBC)   
             writes, "Putting training requirements in statute for midwife  
             assistants and parameters on what services can be provided by  
             midwife assistants furthers the Board's mission of consumer  
             protection and the Board is pleased to be able to sponsor  
             this important piece of legislation." 
          

          SUPPORT AND OPPOSITION:
          
           Support:  

          Medical Board of California (Sponsor)








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          Jane Parker, Monterey County Supervisor, Fourth District

           Opposition:  

          None received as of March 31, 2015.

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