JurisdictionCaliforniaCode BPCBusiness and Professions Code - BPC
Div. 2.DIVISION 2. HEALING ARTS
Ch. 6.CHAPTER 6. Nursing
Art. 2.5.ARTICLE 2.5. Nurse-Midwives
This text of California § 2746.54. (2746.54. (Added by Stats. 2020, Ch. 88, Sec. 7.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A certified nurse-midwife shall disclose in oral and written form to a prospective patient as part of a patient care plan, and obtain informed consent for, all of the following:
(1)The patient is retaining a certified nurse-midwife and the certified nurse-midwife is not supervised by a physician and surgeon.
(2)The certified nurse-midwife’s current licensure status and license number.
(3)The practice settings in which the certified nurse-midwife practices.
(4)If the
certified nurse-midwife does not have liability coverage for the practice of midwifery, the certified nurse-midwife shall disclose that fact.
(5)There are conditions that are outside of the scope of practice of a certified nurse-midwife that will result in a referral for a consultation from, or transfer of care t
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(a)
A certified nurse-midwife shall disclose in oral and written form to a prospective patient as part of a patient care plan, and obtain informed consent for, all of the following:
(1)
The patient is retaining a certified nurse-midwife and the certified nurse-midwife is not supervised by a physician and surgeon.
(2)
The certified nurse-midwife’s current licensure status and license number.
(3)
The practice settings in which the certified nurse-midwife practices.
(4)
If the
certified nurse-midwife does not have liability coverage for the practice of midwifery, the certified nurse-midwife shall disclose that fact.
(5)
There are conditions that are outside of the scope of practice of a certified nurse-midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.
(6)
The specific arrangements for the referral of complications to a physician and surgeon for consultation. The certified nurse-midwife shall not be required to identify a specific physician and surgeon.
(7)
The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency
medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.
(8)
If, during the course of care, the patient is informed that the patient has or may have a condition indicating the need for a mandatory transfer, the certified nurse-midwife shall initiate the transfer.
(9)
The availability of the text of laws regulating certified nurse-midwifery practices and the procedure for reporting complaints to the Board of Registered Nursing, which may be found on the Board of Registered Nursing’s internet website.
(10)
Consultation with a physician and surgeon does not alone create a physician-patient
relationship or any other relationship with the physician and surgeon. The certified nurse-midwife shall inform the patient that certified nurse-midwife is independently licensed and practicing midwifery and in that regard is solely responsible for the services the certified nurse-midwife provides.
(b)
The disclosure and consent shall be signed by both the certified nurse-midwife and the patient and a copy of the disclosure and consent shall be placed in the patient’s medical record.
(c)
The Nurse-Midwifery Advisory Committee, in consultation with the board, may recommend to the board the form for the written disclosure and informed consent statement required to be used by a certified nurse-midwife under this section.
(d)
This section shall not apply when the intended site of birth is the hospital setting.