BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 408


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          Date of Hearing:  June 23, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


                      SB 408(Morrell) - As Amended May 6, 2015


          SENATE VOTE:  36-0


          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), within the  
             Department of Consumer Affairs (DCA), to enforce the  
             provisions of the Medical Practice Act and to regulate the  
             practice of licensed midwifery.  (Business and Professions  
             Code (BPC) §§ 2001; 2004; 2505)

          2) Requires the MBC to create a Midwifery Advisory Council to  
             make recommendations to the MBC on matters related to the  
             practice of midwifery.  (BPC § 2509)

          3) Establishes the Board of Registered Nursing (BRN), within the  
             Department of Consumer Affairs (DCA), to enforce the  
             provisions of the Nursing Practice Act.  (BPC § 2700 et seq.)
          4) Authorizes the BRN to issue a certificate to practice nurse  








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             midwifery to a person who meets educational standards  
             established by the BRN.  (BPC § 2746)


          5) Authorizes certified nurse midwife (CNMs), under the  
             supervisions of a licensed physician and surgeon, to attend  
             to cases of normal childbirth and to provide prenatal,  
             intrapartum, and postpartum care. Also authorizes CNMs to  
             furnish drugs or devices.  (BPC § 2746.5 ; 2746.51)


          6) Permits the BRN, with the permission of the Director of the  
             DCA, to create advisory committees.  (BPC § 2710.5)


          7) 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 CNM.  (BPC § 2069)   

          8) Defines "technical supportive services" as simple routine  
             medical tasks and procedures that may be safely performed by  
             a medical assistant who has limited training and who  
             functions under the supervision of a licensed physician,  
             surgeon, podiatrist, physician assistant, nurse practitioner  
             or CNM.  (BPC § 2070(4)) 

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



          THIS BILL: 


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

             a)   Administer medication only by intradermal, subcutaneous,  








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               or intramuscular injections and perform skin tests and  
               additional technical support services upon the specific  
               authorization and supervision of a LM or CNM.  A midwife  
               assistant may also perform these tasks and services in a  
               licensed clinic upon the specific authorization of a LM or  
               CNM.

             b)   Perform venipuncture or skin puncture for the purposes  
               of drawing blood upon specific authorization and under the  
               supervision of a LM or CNM, 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 LM or CNM.  The LM or CNM  
               shall verify the correct medication and dosage before the  
               midwife assistant administers medication.

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

             e)   Assist in placement of the device used for auscultation  
               of fetal heart tones when a LM or CNM is engaged in a  
               concurrent activity that precludes the LM or CNM 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 LM or CNM.

             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)   The 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  








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               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,  
               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 LM or CNM.

             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 or supervising  
               nurse-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 or certified nurse midwife, within his or  
               her scope of practice, who is physically present on the  
               premises during the performance of those procedures.

          FISCAL EFFECT:   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, this bill will result  
          in negligible state costs.


          COMMENTS:  


          Purpose.  This bill is sponsored by the  Medical Board of  
          California  .  According to the author, "The proposed legislation  
          would define the role of a midwife assistant and allow these  
          individuals to perform duties very similar to those of a  
          traditional medical assistant.  Specific duties listed?are tasks  
          such as: administering medicine, drawing blood, and recording  
          patient data.  By defining a midwife assistant's duties, this  
          bill would create a standard of training for assistants and  








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          would protect the consumer and the midwife." 


          Background.  The Midwifery Practice Act was implemented in 1994  
          and the first midwives were licensed in 1995.  A LM is an  
          individual who has been issued a license to practice midwifery  
          by the MBC under the supervision of a licensed physician.  LMs  
          may attend to cases of normal childbirth in a home, birthing  
          clinic, or hospital environment.  


          LM Training and Education.  LMs complete a three year  
          post-secondary education program in an accredited school  
          approved by the MBC.  All midwives must take and pass the North  
          American Registry of Midwives examination.  LMs are also  
          required to 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. 


          Midwifery Advisory Council (Council).  The MBC created the  
          Council in 2007.  The Council is comprised of LMs, a MBC member,  
          a physician, and a member of the public.  The MBC specifies  
          issues for the Council to discuss/resolve and the Council also  
          identifies issues and request approval from the MBC to develop  
          solutions to various issues.  


          MBC 2012 Sunset Review Report. In its 2012 Sunset Review Report,  
          the MBC highlighted the issue of "Midwife Students, Apprentices  
          and Assistants."  The MBC indicated that it had concerns about  
          the use of assistants by LMs.  Specifically, they indicated that  
          LMs were using midwife assistants despite the fact that there is  
          no definition of a midwife assistant in statute.  They indicated  
          that because statute does not authorize a LM to train or  
          supervise a midwife assistant to assist with the delivery of an  
          infant, the issue needed to be addressed by defining the  
          qualifications of a midwife assistant in statute.









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          CNM Training and Education.  A CNM is a registered nurse who is  
            a graduate of a BRN approved nurse midwifery program and who  
            possesses evidence of certification issued by the BRN. CNMs  
            have acquired additional training in the field of obstetrics  
            and are certified by the American College of Nurse Midwives.   
            Certificates must be renewed biennially. 


          CNM Scope and Supervision.  The CNM scope of practice includes  
          the comprehensive management of women's health care in a variety  
          of settings focusing particularly on pregnancy, childbirth, and  
          the postpartum period.  It also includes the care of the  
          newborn, and the family planning and gynecological needs of  
          women throughout the life cycle.  CNMs practice in collaboration  
          and consultation with physicians.  The degree of collaboration  
          in this team approach depends upon the medical needs of the  
          individual woman or infant and the practice setting.  By law,  
          nurse midwifery care requires the supervision of a licensed  
          physician and surgeon, but supervision does not require the  
          physical presence of the physician.  However, if any  
          complications outside of the scope of the CNM arise, the CNM is  
          mandated to refer the patient to a physician immediately.   
          Additionally, the CNM is authorized to provide emergency care  
          until physician assistance can be obtained.  


          Nurse Midwife Advisory Committee (Committee).  The BRN is  
          statutorily mandated to appoint a Committee, and the first  
          Committee was appointed in 1984.  The Committee is comprised of  
          at least one CNM and one physician, who have demonstrated  
          familiarity with consumer needs, collegial practice and  
          accompanied liability, and related educational standards in the  
          delivery of maternal child health care. The Committee also has  
          at least one public member and may include such other members as  
          the BRN deems appropriate.  The purpose of this Committee is to  
          advise the board on all matters pertaining to nurse midwifery as  
          established by the BRN, and, if necessary, to assist the BRN or  
          its designated representatives in the evaluation of applications  








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          for nurse midwifery certification.


          Medical Assistants' Certification and Training.  Medical  
          assistants are unlicensed, but certificated, individuals.   
          Medical assistants are regulated by the MBC.  There are two  
          medical assistant certifying agencies that are recognized by the  
          National Commission for Certifying Agencies.  These include: 1)  
          the American Association of Medical Assistants, who provide  
          Certified Medical Assistant certification and 2) the American  
          Medical Technologists who provide Registered Medical Assistant  
          certification.   


           A medical assistant must receive training either directly from a  
          physician, surgeon, podiatrist, registered nurse, licensed  
          vocational nurse, physician assistant or a qualified medical  
          assistant.  Alternatively, a medical assistant may receive  
          training from a secondary, postsecondary or adult education  
          program in a public school authorized by the Department of  
          Education, in a community college program, or a postsecondary  
          institution accredited by an accreditation agency recognized by  
          the United States Department of Education or approved by the  
          Bureau for Private Postsecondary Education.  Medical assistants  
          must also complete a minimum of 60 hours of continuing education  
          over 5 years. 


          Medical Assistant Scope and Supervision.  Medical assistants can  
          perform basic administrative, clerical and technical supportive  
          services when conditions regarding supervision, training,  
          specific authorization and records are met.  Medical assistants  
          can be supervised by physicians, surgeons, podiatrists or  
          optometrists.  Additionally, if a medical assistant is working  
          in a community or free clinic, they may work under the direct  
          supervision of a physician assistant, nurse practitioner or CNM  
          when the supervising physician or surgeon is not on site, only  
          if the physician or surgeon has created a written protocol for  
          the activities of the medical assistant.  








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          Current Related Legislation.  AB 1306 (Burke) of the current  
          Legislative Session, removes the physician supervision  
          requirement for 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. STATUS: This bill  
          is pending in the Senate Committee on Business, Professions and  
          Economic Development. 


          SB 407 (Morrell) of the current Legislative Session, authorizes  
          a health care provider to employ or contract LMs for the purpose  
          of providing comprehensive perinatal services.  The bill would  
          expand the definition of "comprehensive perinatal provider" to  
          include a Licensed Midwife. STATUS: This bill is pending in the  
          Assembly Health Committee.  


          Previous Related Legislation. AB 1308 (Bonilla), Chapter 665,  
          States of 2013, removed the requirement for a LM to practice  
          under the supervision of a physician and surgeon and instead  
          permitted a LM to assist in normal pregnancy and birth, and for  
          pregnancies that are not considered normal, the LM must refer or  
          transfer the client to a physician and surgeon.  The bill  
          authorized a LM 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.   
          The bill also indicated that it is a cause for disciplinary  
          action by the MBC for a LM to fail to refer or transfer a client  
          to a physician and surgeon when required to do so by law.


          SB 1638 (Figueroa), Chapter 536, Statutes of 2006, established  
          the Midwifery Advisory Council. The bill also required each LM  
          who assists, or supervises a student midwife in assisting, in  
          childbirth occurring in an out-of-hospital setting, to annually  
          report to the Office of Statewide Health Planning and  








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          Development certain information regarding his or her practice  
          for the previous year. The bill required the office to report  
          annually to the MBC those licensees who have complied with the  
          bill's requirements, and required the board to send a notice of  
          non-compliance to those licensees who have not. The bill  
          required the office to report the aggregate information to the  
          MBC, and required the MBC to report that aggregate information  
          to the Legislature in its own annual report.


          SB 298 (Figueroa), Chapter 289, Statutes of 2001, authorized a  
          CNM to furnish or order controlled substances under certain  
          conditions.  The bill defined the term "furnishing" to include  
          the ordering of a drug or device pursuant to a standardized  
          procedure or protocol and the transmitting of an order of a  
          supervising physician and surgeon.


          SB 1479 (Figueroa), Chapter 303, Statutes of 2000, required a LM  
          in attendance at a live birth outside the hospital, where no  
          physician is present, to prepare and register a birth  
          certificate. This bill also made these provisions applicable to  
          live births that occur outside a state-licensed alternative  
          birth center.


          ARGUMENTS IN SUPPORT: 


          The  Medical Board of California  supports the bill and writes,  
          "Currently there is no definition of a midwife assistant in  
          statute, or the specific training requirements or duties that a  
          midwife assistant may perform.  Some LMs use other LMs as  
          assistants, while some use a midwife student who is enrolled in  
          a recognized midwifery school and who has an official agreement  
          with the students and midwifery school to provide clinical  
          training to the student midwife.  Other LMs use someone who may  
          or may not have formal midwifery training and/or someone that  
          the LM has trained.  The duties that a midwife assistant  








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          performs also varies greatly from LM to LM.  This unregulated  
          practice is a serious consumer protection issue." 


           Planned Parenthood  supports the bill and writes, "SB 408 will  
          expand midwifery care- particularly in rural and other  
          underserved areas- by allowing midwife assistant to legally  
          assist licensed midwives at out-of-hospital births. Typically,  
          two providers attend each birth, bur licensed midwives are  
          scarce in some areas of the state?By creating a new class of  
          medical personnel, licensed midwives will have a specifically  
          trained assistant to assist them in their practices."


          The  American Nurses Association of California  supports the bill  
          and writes, "SB 408 would authorize a midwife assistant to  
          perform certain assistive tasks and duties under the supervision  
          of a LM or CNM?The bill would prohibit a midwife assistant from  
          being employed for inpatient care in a licensed general acute  
          care hospital.  For these reasons, ANAC supports SB 408."


          ARGUMENTS IN OPPOSITION:


          None on file.


          REGISTERED SUPPORT/OPPOSITION:


          Support:
          
          Medical Board of California (sponsor)
          American Nurses Association of California
          County of Santa Cruz Board of Supervisors
          Monterey County Board of Supervisors
          Planned Parenthood









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          Opposition:
          
          None on file.

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