§ 37-27-311 — Informed Consent

37-27-311 . Informed consent. (1) Prior to accepting a woman for care, a licensed direct-entry midwife shall first obtain written, informed consent from the woman.
(2) Informed consent must be evidenced by a written statement, in a form prescribed by the board and signed by the direct-entry midwife and the woman to whom care is to be given, in which the direct-entry midwife certifies that full disclosure has been made and acknowledged by the woman on the following:
(a) the direct-entry midwife's educational background;
(b) the nature and scope of the care to be given, including the possibility of and procedure for transport of the patient to a hospital;
(c) the available alternatives to direct-entry midwifery care;
(d) a description of the risks of home birth, primarily those conditions that may arise during delivery;
(e) the fact that the patient has been advised to consult with a physician at least twice during the pregnancy;
(f) whether the midwifery services provided are located more than 50 miles from the nearest hospital; and
(g) that a health care provider's liability in rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is limited to damages caused by gross negligence or by willful or wanton acts or omissions.

Legislative History

En. Sec. 18, Ch. 550, L. 1991.