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 ----------------------------------------------------------------- |Author: |Morrell | |----------+------------------------------------------------------| |Version: |April 6, 2015 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Huchel | |: | | ----------------------------------------------------------------- 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.) SB 408 (Morrell) Page 2 of ? 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. SB 408 (Morrell) Page 3 of ? 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, SB 408 (Morrell) Page 4 of ? 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 SB 408 (Morrell) Page 5 of ? 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) SB 408 (Morrell) Page 6 of ? Jane Parker, Monterey County Supervisor, Fourth District Opposition: None received as of March 31, 2015. -- END --