H-0370.6  _______________________________________________

                          HOUSE BILL 2174

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Backlund, Dyer and Skinner

Read first time 02/25/97.  Referred to Committee on Health Care.

Restricting the practice of midwifery to low-risk maternal clients.

    AN ACT Relating to licensed midwives; amending RCW 18.50.005 and 18.50.010; adding new sections to chapter 18.50 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that there is ambiguity as to what the role of licensed midwives should be.

    It is the intent of the legislature to clarify the understanding of the original law that licensed midwives for care of low-risk maternal clients only.

NEW SECTION. Sec. 2.  A new section is added to chapter 18.50 RCW to read as follows:

    The secretary shall adopt rules defining low-risk maternal clients and establishing practice standards for midwives.  These standards shall not be less than those adopted for childbirth centers under chapter 18.46 RCW.

    Sec. 3.  RCW 18.50.005 and 1991 c 3 s 102 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

    (1) "Department" means the department of health.

    (2) "Secretary" means the secretary of health.

    (3) "Midwife" means a midwife licensed under this chapter.

    (4) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW.

(5) "Practice of midwifery" means providing medical aid service for a fee or compensation to low-risk maternal clients as defined by the secretary by rule under section 2 of this act.

    Sec. 4.  RCW 18.50.010 and 1991 c 3 s 103 are each amended to read as follows:

    Any person shall be regarded as practicing midwifery within the meaning of this chapter who shall render medical aid for a fee or compensation to a woman during prenatal, intrapartum, and postpartum stages or who shall advertise as a midwife by signs, printed cards, or otherwise.  Nothing shall be construed in this chapter to prohibit gratuitous services.  It shall be the duty of a midwife to consult ((with)) and refer the patient to a physician whenever there are significant deviations from normal in either the mother or the infant.  The physician may refer the patient back to the midwife.

NEW SECTION. Sec. 5.  A new section is added to chapter 18.50 RCW to read as follows:

    A licensed midwife who provides services to a person who is not a low-risk client as defined by the secretary under section 2 of this act is ineligible for coverage under the joint underwriting association established in chapter 48.87 RCW.

NEW SECTION. Sec. 6.  A new section is added to chapter 18.50 RCW to read as follows:

    To knowingly treat a person who is not a low-risk client as defined by the secretary under section 2 of this act constitutes unprofessional conduct for the purposes of chapter 18.130 RCW.

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