Commerce, Occupational and Professional Licensing

Rule R156-77

Direct-Entry Midwife Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35159
Filed: 08/15/2011 12:59:43 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 77, provides for the licensure of direct-entry midwives. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-77-201(3)(a) provides that the Licensed Direct-Entry Midwife Board 's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 77, with respect to licensed direct-entry midwives.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

A proposed new rule filing was filed in October 2005 based on 2005 legislation which created Title 58, Chapter 77, with respect to licensure of direct-entry midwives. The Division and Direct-Entry Midwife Board received numerous written comments with respect to the proposed new rule in October, November, and December 2005. Written comments received both supported the proposed new rule and also provided suggested changes to the proposed new rule. The Division and Board reviewed and considered the written comments which had been received. As a result of written comments received and input received during a December 2005 rule hearing, the Division filed a change in proposed rule (CPR) filing to the new rule in March 2006. The Division again received numerous written comments which both supported the proposed changes to the rule and also provided additional suggested changes to the proposed rule. The Division and Board again reviewed and considered the written comments which had been received. As a result of written comments received and input received during an April 2006 rule hearing, the Division filed a second change in proposed rule (CPR) filing to the new rule in July 2006. Again the Division received numerous comments which both supported the proposed changes to the rule and also provided additional suggested changes to the proposed rule. The Division and Board again reviewed and considered the written comments which had been received. As a result of written comments received and further input received during an August 2006 rule hearing, the Division and Board determined that the proposed new rule filing should be made effective with no additional changes to be made at this point. The rule filing was finally made effective on 09/14/2006. The Division again updated the rule in August 2009 as the result of 2008 legislative statutory amendments which created the Licensed Direct-Entry Administrative Rules Advisory Committee in Title 58, Chapter 77. The Division received two written comments in relation to this proposed rule filing: a 09/02/2009 letter from Deanne Williams in which she had questions relating to the proposed rule amendments along with some suggested changes to the proposed rule. The Division also received a 10/12/2009 letter from Jenalyn Lovell in which she supported the proposed amendments in this rule filing. As a result of written comments received and further input received during an September 2009 rule hearing, the Division and Board determined that the proposed amendments in this rule filing should be made effective with no additional changes. The rule filing was made effective on 10/22/2009. In late October 2009 the Division filed a nonsubstantive rule change to the rule to amend the definition of "weeks gestation". In November 2009 Hunter Finch, Governor's Office of Planning and Budget, notified the Division that in his determination, the nonsubstantive rule change which was being proposed was actually a substantive change. As a result of Mr. Finch's communication with the Division, the Division filed a proposed rule amendment. The Division received no written comments with respect to the November 2009 proposed rule amendments filing. The proposed rule amendment filing was made effective on 02/08/2010.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 77, with respect to licensed direct-entry midwives. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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

Direct questions regarding this rule to:

• W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

08/15/2011