Bill Summary for H 204 (2013-2014)

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Summary date: 

Mar 4 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 204 (Public) Filed Monday, March 4, 2013
A BILL TO BE ENTITLED AN ACT REQUIRING THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES TO STUDY WHETHER CERTIFIED NURSE MIDWIVES SHOULD BE GIVEN MORE FLEXIBILITY IN THE PRACTICE OF MIDWIFERY.
Intro. by Stevens, Burr, Glazier, Hamilton.

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Bill summary

Amends GS 90 by adding new section, GS 90-19.7, Limitations on nurse-midwives, providing that nurse-midwives approved under Article 10A of GS Chapter 90 may use the title certified nurse-midwife. Others that hold themselves out as such are in violation. Certified nurse-midwives are authorized to write prescriptions if (1) the individual has been approved by the joint subcommittee of the North Carolina Medical Board and the Board of Nursing(subcommittee) established under GS 90-178.4; (2) the subcommittee has assigned an i.d. number to the nurse-midwife, which appears on the written prescription; (3) written instructions about indications and contraindications for prescribing drugs and policy for periodic review of the drugs prescribed have been provided to the nurse-midwife by the subcommittee.

Directs the subcommittee to adopt rules for approving individual nurse-midwifes to write prescriptions, with any limitations deemed in the best interest of patient health and safety.

Amends GS 90-178.2, Definitions, by adding and defining certified nurse-midwife, intrapartum care, and primary care. Deletes Interconceptional care term and definition. Updates, adds language to, and makes technical and conforming changes to midwifery, newborn care, postpartum care, and prenatal care definitions.

Amends GS 90-178.3, Regulation of midwifery, by stating that a person engaging in the unapproved pactice of midwifery is not only in violation of Article 10A of GS 90 but also in violation of practicing medicine without a license.  Requires certified nurse-midwives to practice within a health care system that provides for consultation, collaborative management, or referral. Midwifery standards must be consistent with the standards of care established by the American College of Nurse-Midwives. Each nurse midwife must provide each patient with information regarding or referral to other providers and services at the request of the patient or when requried care is outside the scope of the midwife's practice.

Amends GS 90-178.4(a), altering the makeup of the subcommitte. Requires that  seven additional members of the subcommittee consist of five certified nurse-midwives  appointed by the recommendation of the NC Affilaite of the Amercian College of Nurse-Midwives, and two physicians actively engaged in the practice of obstetrics (was, four additional members, two certified midwives, and two obstetricians who have worked with certified midwives).

Amends GS 90-178.4, addding a new subsection requiring the subcommittee to adopt rules requiring a certified nurse-midwife that attends a planned birth outside of a hospital to obtain a signed informed consent agreement from the patient. Information about the certified nurse-midwife's liability insurance coverage must be included.

Amends GS 90-178.5, Qualification for approval, requiring the submittal of certification by the American Midwifery Certification Board (was, American College of Nurse Midwives). Makes other technical and conforming changes.

Amends GS 90, by adding a new section, GS 90-178.8, Limit vicarious liability, limiting the liability of physicians, physician assistants, or nurses licensed under GS 90 from being held liable for civil damages as a result of medical care given to a woman or infant in an emergency situation when the emergency situation arises during the delivery or birth of the infant as a consequence of care provided by a nurse mid-wife approved under GS 90, who attends a planned birth outside of a hospital setting. Also limits the liability of health care facilities licensed under GS 122C and 131E in the same manner. Liability is not limited in cases of gross negligence or wanton misconduct.