Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 184 (2016GS)

Sponsor

Rep. Moss, C.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the unlawful conduct provisions of the Direct-Entry Midwife Act; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 9, 2016 at 12:42 PM by cynthiahopkin.
This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 25, 2016 at 9:29 AM by lpoole.
This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 25, 2016 at 10:30 AM by lpoole.
This document includes Senate Receded from Amendments incorporated into the bill on Fri, Mar 4, 2016 at 4:09 PM by lpoole.
UNLICENSED DIRECT-ENTRY MIDWIFERY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
 Deidre M. Henderson
LONG TITLE
General Description:
This bill amends the Direct-Entry Midwife Act.
Highlighted Provisions:
This bill:
▸ amends the unlawful conduct provisions of the Direct-Entry Midwife Act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-77-501
, as enacted by Laws of Utah 2005, Chapter 299
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-77-501
 is amended to read:
58-77-501.
Unlawful conduct.
(1) In addition to the [
definition in Subsection 
58-1-501
(1), "unlawful conduct"
includes
] 
conduct that constitutes unlawful conduct under Subsection 
58-1-501
(1), it is
unlawful conduct for an individual who is not licensed under this chapter to
:
(a) [
representing or holding oneself out as a
] 
represent or hold out that the individual is
a
 licensed direct-entry midwife [
when not licensed under this chapter; and
]
;
(b) [
using
] 
administer a
 prescription [
medications
] 
medication
, except oxygen, [
while
engaged
] in the practice of direct-entry midwifery [
when not licensed under this chapter.
]
;
(c) before engaging in the practice of midwifery with a client, fail to obtain from the
client an informed consent statement that includes the following:
(i) a description of the individual's midwifery education, training, continuing
education, and experience;
(ii) a statement that the individual is not licensed by the state as a direct-entry midwife;
(iii) a statement that it is unlawful for the individual to administer to the client a
prescription medication, except oxygen, in the practice of direct-entry midwifery;
(iv) a written plan to address medical issues the client may experience during
pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed
health care provider or facility, if necessary;
(v) the name and signature of the individual;
(vi) the name and signature of the client;
(vii) the date the individual signed the statement; and
(viii) the date the client signed the statement; or
(d) fail to retain for at least
Ĥ→ [
] 
←Ĥ
years a signed statement from a client
46a 
described by
Subsection (1)(c).
(2) (a) Except [
as provided in Subsections (1)(a) and (b)
] 
for conduct that constitutes
unlawful conduct under Subsection (1)
, it is lawful to practice direct-entry midwifery in the
state without being licensed under this chapter.
(b) The practice of direct-entry midwifery is not considered the practice of medicine,
nursing, or nurse-midwifery.
Legislative Review Note
Office of Legislative Research and General Counsel