Commerce, Occupational and Professional Licensing

Section R156-77-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33263
Filed: 12/14/2009 08:30:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In response to a rule hearing, the Licensed Direct-Entry Midwife Administrative Rules Committee had recommended changes to the definition of "weeks gestation" which Hunter Finch (from the Governor's Office of Planning and Budget, rules analyst), in his review deemed to be a substantive change. As result of Mr. Finch's review and comments to the Division, this rule filing is made.

Summary of the rule or change:

Subsection R156-77-102(20) is amended to further clarify the definition of "weeks gestation" to indicate how the age of pregnancy is calculated.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-77-202(4)
• Subsection 58-1-202(1)(a)
• Subsection 58-77-601(2)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed direct-entry midwives, applicants for licensure in that classification and patients who utilize the services of a direct-entry midwife. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed direct-entry midwives, applicants for licensure in that classification and patients who utilize the services of a direct-entry midwife. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed direct-entry midwives, applicants for licensure in that classification and patients who utilize the services of a direct-entry midwife. The Division does not anticipate any costs or savings as result of this rule amendment since the amendment is clarifying how the age of a pregnancy is calculated.

Compliance costs for affected persons:

The proposed amendments only apply to licensed direct-entry midwives, applicants for licensure in that classification and patients who utilize the services of a direct-entry midwife. The Division does not anticipate any costs or savings as result of this rule amendment since the amendment is clarifying how the age of a pregnancy is calculated.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated from this rule filing which clarifies a definition.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-77. Direct-Entry Midwife Act Rule.

R156-77-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 77, as used in Title 58, Chapter 77 or this rule:

(1) "Accredited school", as used in this rule, includes any midwifery school that has been granted pre-accredited status by MEAC.

(2) "Apgar score", as used in Section R156-77-601, means an index used to evaluate the condition of a newborn based on a rating of 0, 1, or 2 for each of the five characteristics of color, heart rate, response to stimulation of the sole of the foot, muscle tone, and respiration with 10 being a perfect score.

(3) "Appropriate provider", as used in Sections R156-77-601 and 602, means a licensed provider who is an appropriate contact person based on the provider's level of education and scope of practice.

(4) "Approved continuing education", as used in Subsection R156-77-303(3)(c), means:

(a) continuing education that has been approved by a nationally recognized professional organization that approves health related continuing education;

(b) a course offered by a post-secondary education institution that is accredited by an accrediting board recognized by the U.S. Department of Education, an MEAC approved midwifery program or accredited midwifery school, or an MEAC approved program or course; or

(c) continuing education that is sponsored or presented by MANA or any subgroup thereof, a government agency, a recognized direct-entry midwifery or health care association.

(5) "Collaborate", as used in Section R156-77-601, means the process by which an LDEM and another licensed health care provider jointly manage a specific condition of a client according to a mutually agreed-upon plan of care. The LDEM continues midwifery management of the client and may follow through with the medical management as agreed upon with the provider.

(6) "Consultation", as used in Section R156-77-601, means the process by which the LDEM discusses client status with an appropriate licensed health care provider by phone, written note, or in person. The provider may give a recommendation for management, but does not assume the management of the client.

(7) "CPR", as used in this rule, means cardiopulmonary resuscitation.

(8) "C-section", as used in this rule, means a cesarean section.

(9) "LDEM", as used in this rule, means a licensed direct entry midwife licensed under Title 58, Chapter 77.

(10) "LDEM Outcome Database", as used in Section R156-77-604, means a web based application created by the Division to collect data regarding the outcome of pregnancies and deliveries managed by an LDEM.

(11) "MANA", as used in this rule, means the Midwives Alliance of North America.

(12) "MEAC", as used in this rule, means the Midwifery Education Accreditation Council.

(13) "Midwifery Care", as used in this rule, has the same meaning as the practice of direct-entry midwifery as defined in Subsection 58-77-102(8).

(14) "NARM", as used in this rule, means the North American Registry of Midwives.

(15) "Refer", as used in Section R156-77-601, means the process by which an LDEM directs the client to an appropriate licensed health care provider for management of a specific condition. The LDEM continues midwifery management of the client.

(16) "TOLAC", as used in Section R156-77-602, means a trial of labor after cesarean section.

(17) "Transfer", as used in Section R156-77-601, means the process by which an LDEM relinquishes management of a client to an appropriate licensed health care provider. The LDEM may provide on-going support services as appropriate.

(18) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 77, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-77-502.

(19) "VBAC", as used in this rule, means a vaginal birth after cesarean section.

(20) "Weeks gestation", as used in this rule, means the age of a pregnancy calculated using accepted pregnancy dating criteria such as menstrual or ultrasound dating , to determine an estimated date of delivery which equals 40 weeks 0 days gestation and is noted as 40.0.[ A gestation week starts at the beginning of that week; therefore, 36 weeks gestation is the start of the 36th week of pregnancy.]

 

KEY: licensing, midwife, direct-entry midwife

Date of Enactment or Last Substantive Amendment: [October 22, 2009]2010

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-77-202(4) 58-77-601(2)