PRINTER'S NO. 2034
No. 1528 Session of 1990
INTRODUCED BY DAWIDA, STOUT, JONES, BELAN, HELFRICK, SHAFFER,
HOPPER, LYNCH, PUNT AND LEWIS, MARCH 20, 1990
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 20, 1990
AN ACT
1 Regulating the practice of certain midwifery; and making
2 repeals.
3 The purpose of this act, relating to the registration of
4 midwives, is to improve access to care for pregnant women and
5 babies and to enhance the Commonwealth's ability to provide
6 outreach services.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Registered
11 Midwife Regulation Law.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Committee." The advisory committee for the practice of
17 midwifery provided for under this act.
1 "Department." The Department of Health of the Commonwealth.
2 "Midwifery." The practice of assisting childbearing women
3 and their families during antepartum, intrapartum, postpartum
4 and immediate care of the newborn by persons other than
5 physicians, surgeons or nurse-midwives licensed under the act of
6 December 20, 1985 (P.L.457, No.112), known as the Medical
7 Practice Act of 1985.
8 "Plain people." Persons of Amish and Mennonite faiths.
9 "Secretary." The Secretary of Health of the Commonwealth.
10 Section 3. Advisory committee.
11 (a) Membership.--There shall be created an advisory
12 committee for the practice of midwifery, which will assist in
13 the development and practice of registered midwives. The
14 committee shall consist of ten members, to be appointed by the
15 secretary. No member shall serve more than two consecutive
16 terms. Members appointed to the committee shall serve without
17 compensation and shall include:
18 (1) An obstetrician who is licensed to practice medicine
19 in this Commonwealth and who has had experience in working
20 with registered midwives, formerly known as lay-midwives.
21 (2) A family practice physician who is licensed to
22 practice medicine in this Commonwealth and who has had
23 experience in working with registered midwives, formerly
24 known as lay-midwives.
25 (3) Two nurse-midwives who are licensed under the act of
26 December 20, 1985 (P.L.457, No.112), known as the Medical
27 Practice Act of 1985. One nurse-midwife shall be from the
28 eastern part of Pennsylvania and the other shall be from the
29 western part of Pennsylvania. At least one nurse-midwife
30 shall have experience in a rural setting.
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1 (4) Five midwives who have at least three years'
2 experience as the primary midwife, one of whom must service
3 plain people. All five shall become registered under this act
4 within 60 days after regulations are promulgated hereunder.
5 (5) One individual who has utilized midwifery care for
6 at least one pregnancy and birth.
7 (b) Terms.--The initial term of the obstetrician shall be
8 for three years. The initial term of one nurse-midwife shall be
9 for three years. The initial term of two midwives shall be for
10 three years. All other initial appointments shall be for a term
11 of two years. The term for all subsequent appointments shall be
12 two years. No member shall serve more than two terms.
13 Section 4. Regulations.
14 The secretary, with the advice of the committee, shall
15 promulgate regulations relative to, but not limited to:
16 (1) Qualifications for the practice of midwifery.
17 (2) Recognition of midwifery training programs.
18 (3) Procedures in the practice of midwifery, including
19 policies for professional direction and supervision.
20 (4) Procedures for the registration of midwives and the
21 issuance of certificates of registered midwifery.
22 (5) Grievance procedures and peer review.
23 (6) Recordkeeping and reporting.
24 Section 5. Registration.
25 The secretary shall register for the practice of midwifery
26 any person applying for such registration who meets the
27 qualifications pursuant to section 4(1). A certificate of
28 registration shall be issued by the secretary to each person
29 registered under this section. The fee shall be set by the
30 secretary with the advice of the committee.
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1 Section 6. Disclosure.
2 Before a midwife can accept a client, the midwife shall
3 inform the client in writing of their education and experience.
4 Section 7. Report.
5 The committee shall report annually to the secretary
6 concerning the practice of midwifery in this Commonwealth. The
7 report shall include any recommendations of the committee to
8 increase the quality and safety of midwife services and
9 generally to assure competence in the practice.
10 Section 8. Public information.
11 The secretary shall, with the advice of the committee,
12 provide the public with such information, relative to
13 registration, the practice of midwifery and the education of
14 health care teams, as he deems sufficient to enable the public
15 to make informed decisions in selecting a competent registered
16 midwife.
17 Section 9. Coordination with other health care providers.
18 The secretary shall take appropriate steps to ensure that
19 hospitals, physicians, emergency care personnel and other
20 medical care providers in this Commonwealth are aware of this
21 act and shall not restrict backup to registered midwives. The
22 secretary shall receive and acknowledge reports of problems
23 resulting from lack of cooperation between other health care
24 providers and registered midwives that may endanger the life and
25 health of mothers and newborns.
26 Section 10. Repeals.
27 (a) Absolute.--The following acts and parts of acts are
28 repealed:
29 Act of April 4, 1929 (P.L.160, No.155), referred to as the
30 Midwife Regulation Law.
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1 (b) Inconsistent.--The following acts and parts of acts are
2 repealed insofar as they are inconsistent with this act:
3 Act of December 20, 1985 (P.L.457, No.112), known as the
4 Medical Practice Act of 1985.
5 Section 11. Effective date.
6 This act shall take effect immediately.
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