No. 28352 (Amendment): R156-44a. Nurse Midwife Practice Act Rules

DAR File No.: 28352
Filed: 11/14/2005, 09:10
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is filing amendments to this rule to update incorporated by reference documents and statute citations and to reflect the name change of the national certifying body for certified nurse midwives.

 

Summary of the rule or change:

In Sections R156-44a-102 and R156-44a-502, updated revised title and publication dates for documents incorporated by reference. In Section R156-44a-103, updated statute citation reference. In Sections R156-44a-302a and R156-44a-303, deleted the "a" from Section R156-44a-302a as it is not necessary. Also, changed the name of the national certifying body to reflect the current name as revised by the organization.

 

State statutory or constitutional authorization for this rule:

Section 58-44a-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

 

This rule or change incorporates by reference the following material:

Deletes: "Core Competencies for Basic Midwifery Practice", May 1997 edition, as published by the American College of Nurse Midwives; "Standards for the Practice of Nurse-Midwifery", August 1993 edition, as published by the American College of Nurse Midwives; and "Code of Ethics for Certified Nurse Midwives", May 1990 edition, as published by the American College of Nurse Midwives. Adds: "Core Competencies for Basic Midwifery Practice", May 2002 edition, as published by the American College of Nurse Midwives; "Standards for the Practice of Midwifery", March 2003 edition, as published by the American College of Nurse Midwives; and "Code of Ethics of the American College of Nurse-Midwives", December 2004 edition, as published by the American College of Nurse Midwives

 

Anticipated cost or savings to:

the state budget:

The Division will incur costs of approximately $50 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

The Division anticipates no impact on local governments as the proposed amendments only affected licensed certified nurse midwives.

 

other persons:

The Division does not anticipate any costs or savings to licensed certified nurse midwives or the general public as the proposed amendments are merely updating referenced document dates, statute citations and the certifying body name. The updated standards which are incorporated by reference in the rule can be obtained via the respective association's website at no cost.

 

Compliance costs for affected persons:

The Division does not anticipate any costs or savings to licensed certified nurse midwives or the general public as the proposed amendments are merely updating referenced document dates, statute citations and the certifying body name. The updated standards which are incorporated by reference in the rule can be obtained via the respective association's website at no cost.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing makes only technical and nonsubstantive amendments to update references and citations. No fiscal impact to businesses is anticipated as a result of this filing. Francine A. Giani, Executive Director

 

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2006

 

This rule may become effective on:

01/04/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-44a. Nurse Midwife Practice Act Rules.

R156-44a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 44a, as used in Title 58, Chapters 1 and 44a or these rules:

(1) "Approved certified nurse midwifery education program" means an educational program which is accredited by the American College of Nurse Midwives.

(2) "CNM" means a certified nurse midwife.

(3) "Delegation" means transferring to an individual the authority to perform a selected nursing task in a selected situation. The nurse retains accountability for the delegation.

(4) "Direct supervision" as used in Section 58-44a-305 means that the person providing supervision shall be available on the premises at which the supervisee or consultee is engaged in practice.

(5) "Generally recognized scope and standards of nurse midwifery" means the scope and standards of practice set forth in the "Core Competencies for Basic Midwifery Practice", May [1997]2002, and the "Standards for the Practice of [Nurse-]Midwifery", [August 1993]March 2003, published by the American College of Nurse Midwives which are hereby adopted and incorporated by reference, or as established by the professional community.

(6) "Supervision" in Section R156-44a-601 means the provision of guidance or direction, evaluation and follow up by the certified nurse midwife for accomplishment of tasks delegated to unlicensed assistive personnel or other licensed individuals.

(7) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 44a, is further defined in Section R156-44a-502.

 

R156-44a-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 44a.

 

R156-44a-302[a]. Qualifications for Licensure - Examination Requirements.

In accordance with Subsection 58-44a-302([5]6), the examination required for licensure is the national certifying examination administered by the American [College of Nurse Midwives Certification Council, Inc]Midwifery Certification Board, Inc.

 

R156-44a-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 44a is established by rule in Section R156-1-308.

(2) Renewal procedures shall be in accordance with Section R156-1-308.

(3) Each applicant for licensure renewal shall hold a valid certification from the American [College of Nurse Midwives Certification Council, Inc]Midwifery Certification Board, Inc.

 

R156-44a-502. Unprofessional Conduct.

"Unprofessional conduct" includes[:

(1) ] failure to abide by the "Code of Ethics [for Certified]of the American College of Nurse-Midwives", [May 1990]December 2004, published by the American College of Nurse Midwives which is hereby adopted and incorporated by reference.

 

KEY: licensing, midwifery, certified nurse midwife[*]

[July 5, 2001]2006

Notice of Continuation June 10, 2004

58-1-106(1)(a)

58-1-202(1)(a)

58-44a-101