BILL ANALYSIS Ó SB 408 Page 1 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 SB 408 Page 2 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, SB 408 Page 3 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. SB 408 Page 4 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 SB 408 Page 5 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 SB 408 Page 6 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. SB 408 Page 7 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 SB 408 Page 8 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. SB 408 Page 9 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 SB 408 Page 10 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 SB 408 Page 11 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 SB 408 Page 12 Opposition: None on file. Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. / (916) 319-3301