WSR 15-24-092
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed November 30, 2015, 5:57 p.m., effective December 31, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Chapter 246-834 WAC, Midwives, the adopted rules implement 2SHB 1773 (chapter 187, Laws of 2014) that requires licensed midwives renew their license with the following requirements: complete thirty hours of continuing education (CE) every three years; participate in a peer review process by submitting five clinical cases for review every two years; and participate annually in a data submission program on perinatal outcomes to an approved research organization.
Statutory Authority for Adoption: RCW 18.50.102, 18.50.135.
Adopted under notice filed as WSR 15-16-018 on July 24, 2015.
Changes Other than Editing from Proposed to Adopted Version: Two changes were made to put in delayed implementation dates. This will allow practitioners time to comply with the new rules. The new language for peer review states that verification of participation in a peer review process begins January 1, 2018. The new language for CE states that verification of completion of CE begins January 1, 2019.
A final cost-benefit analysis is available by contacting Kathy Weed, P.O. Box 47852, Olympia, WA 98504, phone (360) 236-4883, fax (360) 236-2901, e-mail kathy.weed@doh.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.
Date Adopted: November 24, 2015.
John Wiesman, DrPH, MPH
Secretary
NEW SECTION
WAC 246-834-345 License renewal.
A licensed midwife must renew their license every year on his or her birthday. To renew a license, a licensed midwife shall comply with the requirements in:
(1) RCW 18.50.102 License renewal;
(2) RCW 18.50.108 Written plan for consultation, emergency transfer, and transport;
(3) WAC 246-12-030 How to renew a credential;
(4) WAC 246-834-355 Continuing education;
(5) WAC 246-834-360 Quality improvement program;
(6) WAC 246-834-370 Data submission; and
(7) WAC 246-834-990 Midwifery fees and renewal cycle.
NEW SECTION
WAC 246-834-355 Continuing education.
(1) A licensed midwife shall complete thirty hours of continuing education (CE) every three years and must comply with chapter 246-12 WAC, Part 7. CE course work must contribute to the professional knowledge and development of the licensed midwife.
(a) A minimum of twenty-five hours must be directly related to the clinical practice of midwifery.
(b) Any remaining hours may be in professional development activities that enhance the practice of the licensed midwife.
(2) A licensed midwife shall obtain CE hours through one or more of the categories listed below. Documentation for all activities must include licensee's name, date of activity, and number of hours. Additional specific documentation is defined below:
(a) Acceptable CE course work. A minimum of ten hours is required per reporting period in acceptable CE course work. For the purposes of this section, acceptable CE course work means courses offered or authorized by industry recognized local, state, private, national and international organizations, agencies or institutions of higher learning. The department will not authorize or approve specific CE courses. The required documentation for this category is a certificate or documentation of attendance.
(b) Course work or classes offered by an accredited college or university. The course work must provide skills and knowledge beyond entry-level skills. The required documentation for this category is a transcript or documentation of attendance. A maximum of ten hours is allowed per reporting period for this category.
(c) Research, writing, or teaching. The required documentation for this category is a two page synopsis for each activity written by the licensee. A maximum of fifteen hours is allowed per reporting period for this category.
(d) Documented self-study or life experience.  The required documentation for this category is a two page synopsis of each activity written by the licensee. A maximum of five hours is allowed per reporting period for this category.
(e) Serving on a professional board, committee, disciplinary panel, or association. The required documentation for this category is a letter or other documentation from the organization. A maximum of five hours is allowed per reporting period for this category.
(f) Professional manuscript review. The required documentation for this category is a letter from the publishing organization verifying review of the manuscript. A maximum of ten hours is allowed per reporting period for this category.
(g) Professional conference or workshop. The required documentation for this category is a certificate or documentation of attendance. A maximum of ten hours is allowed per reporting period for this category.
(3) Continuing education credit will not be given for the following:
(a) A cardiopulmonary resuscitation course;
(b) A neonatal resuscitation course; or
(c) Participation in data submission on perinatal outcomes.
(4) Verification of completion of continuing competency hours will begin on January 1, 2019.
NEW SECTION
WAC 246-834-360 Quality improvement program.
(1) As a condition of renewing a license, a licensed midwife shall:
(a) Participate in a Washington state coordinated quality improvement program peer review process that complies with the requirements in RCW 43.70.510.
(b) Attest every two years that the midwife has completed peer review for a minimum of five of the midwife's clinical cases over the course of those two years.
(2) A midwife may be excused from or granted an extension of participation in a peer review process due to illness or other extenuating circumstances. The department, upon request, will determine if the requirements may be waived or if an extension may be granted.
(3) For auditing purposes, written confirmation of participation in a peer review process from the approved coordinated quality improvement program shall suffice. The midwife must keep her/his participation records; records must not be sent to the department.
(4) Verification of completion of participation in a peer review process will begin on January 1, 2018.
NEW SECTION
WAC 246-834-370 Data submission.
(1) As a condition of renewing a license, a licensed midwife shall report data on all courses of care for every mother and newborn under the midwife's care to a national or state research organization approved by the department. If the mother declines to participate in the collection of data, the midwife shall follow the protocol of the approved national or state research organization.
(2) The licensed midwife shall verify compliance by submitting an attestation to the department annually with the license renewal.
(3) For auditing purposes, written confirmation of full participation in data collection from the approved state or national research organization shall suffice.
(4) The midwife must keep her/his data and participation records; data and participation records will not be submitted directly to the department.