Chapter 0093 - 502R - H Ver of HB2247

House Engrossed

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

CHAPTER 93

HOUSE BILL 2247

AN ACT

Relating to the licensing and regulation of MIDWIFERY.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Regulation of midwifery; advisory committee; department of health services rules

A. On or before July 1, 2013, the department of health services shall consider adopting rules regarding midwifery that concern the following:

1. Reducing the regulatory burden on midwives who are licensed pursuant to title 36, chapter 6, article 7, Arizona Revised Statutes, and streamlining the regulation process.

2. Consistent with the requirements of title 36, chapter 6, article 7, Arizona Revised Statutes, revising the midwifery scope of practice pursuant to subsections B, C and D of this section.

3. If available, adopting national licensure testing standards.

B. Any party that is interested in increasing the scope of practice of midwifery must submit a report to the director of the department of health services that contains the following:

1. A definition of the problem and why an increase in the scope of practice is necessary, including the extent to which consumers need, and will benefit from, practitioners with the increased scope of practice.

2. The available evidence-based research that demonstrates that the interested current practitioners are competent to perform the proposed scope of practice.

3. The extent to which an increase in the scope of practice may harm the public, including the extent to which an increased scope of practice will restrict entry into the practice of midwifery.

C. On receipt of the report prescribed in subsection B of this section, the director shall appoint a midwifery scope of practice advisory committee to assist the director in adopting and amending rules related to midwifery scope of practice. The advisory committee shall include the following members:

1. Two midwives who are licensed pursuant to title 36, chapter 6, article 7, Arizona Revised Statutes.

2. Two public members who have used or who have significant experience with midwife services.

3. One physician who is licensed pursuant to title 32, chapter 13, Arizona Revised Statutes, and who has experience in obstetrics.

4. One physician who is licensed pursuant to title 32, chapter 17, Arizona Revised Statutes, and who has experience in obstetrics.

5. One physician who is licensed pursuant to title 32, chapter 13 or 17, Arizona Revised Statutes, and who specializes in family medicine.

6. One nurse midwife or nurse practitioner who is licensed and certified pursuant to title 32, chapter 15, Arizona Revised Statutes.

D. Advisory committee members are not eligible for compensation or reimbursement of expenses.

E. On receipt of a report submitted pursuant to subsection B of this section, the director shall publish the report on the department's website. Within sixty days after the director publishes the report, the director shall hold a public meeting of the advisory committee to consider any public comments on that report. Within thirty days after the advisory committee meeting, the advisory committee shall submit to the director its recommendations concerning proposed rules relating to a change in the scope of practice. Within thirty days after publication on the department website of those recommendations and publication of the draft of proposed rules, the director shall conduct a public meeting to receive comment on the final draft of the proposed rules.

Sec. 2. Exemption from rule making

For the purposes of this act, the department of health services is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2013, except that the department shall provide public notice and an opportunity for public comment pursuant to section 1 of this act.