Citations Affected:
IC 16-18-2-163
;
IC 16-34-2-1.1
;
IC 16-37-2
;
IC 16-38-4-9
;
IC 25-1-5-3
; IC 25-22.5;
IC 25-23-1
; IC 25-23.2;
IC 34-6-2-81
;
IC 34-18-2
;
IC 34-30-2
;
IC 34-18-2-19.
Synopsis: Licensure of midwives. Establishes the Indiana midwifery
board. Sets qualifications for a licensed certified professional midwife
(CPM). Requires the board to: (1) develop peer review procedures; (2)
require the purchase of liability insurance as a condition for licensure
when the board determines liability insurance is sufficiently available;
and (3) adopt rules limiting the scope of practice of licensed certified
professional midwives to nonhospital settings. Makes it a Class B
misdemeanor to practice midwifery without a license. Allows the board
to specify circumstances under which a licensed certified professional
midwife may administer certain prescription drugs. Provides that the
following persons are not civilly liable for acts or omissions relating to
services provided to a woman who is under the care of a licensed
certified professional midwife: (1) A health care provider who renders
care in an emergency. (2) An employee, a student, an intern, a trainee,
or an apprentice who acts under the direction and supervision of a
licensed certified professional midwife. Requires the office of
Medicaid policy and planning to seek a waiver from the United States
Department of Health and Human Services to allow Medicaid
reimbursement for licensed certified professional midwives.
Effective: Upon passage; July 1, 2000.
January 11, 2000, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
SECTION 1.
IC 16-18-2-163
, AS AMENDED BY P.L.148-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 163. (a) "Health care provider", for purposes of
IC 16-21 and IC 16-41, means any of the following:
(1) An individual, a partnership, a corporation, a professional
corporation, a facility, or an institution licensed or legally
authorized by this state to provide health care or professional
services as a licensed physician, a psychiatric hospital, a hospital,
a health facility, an emergency ambulance service (IC 16-31-3),
a dentist, a registered or licensed practical nurse, a certified
nurse midwife, a licensed certified professional midwife, an
optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
therapist, a respiratory care practitioner, an occupational therapist,
a psychologist, a paramedic, an emergency medical technician, or
an advanced emergency technician, or a person who is an officer,
employee, or agent of the individual, partnership, corporation,
professional corporation, facility, or institution acting in the
course and scope of the person's employment.
(2) A college, university, or junior college that provides health
care to a student, a faculty member, or an employee, and the
governing board or a person who is an officer, employee, or agent
of the college, university, or junior college acting in the course
and scope of the person's employment.
(3) A blood bank, community mental health center, community
mental retardation center, community health center, or migrant
health center.
(4) A home health agency (as defined in
IC 16-27-1-2
).
(5) A health maintenance organization (as defined in
IC 27-13-1-19
).
(6) A health care organization whose members, shareholders, or
partners are health care providers under subdivision (1).
(7) A corporation, partnership, or professional corporation not
otherwise qualified under this subsection that:
(A) provides health care as one (1) of the corporation's,
partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care
provider under IC 34-18 for the corporation's, partnership's, or
professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is
limited to the health care provider's health care functions and does not
extend to other causes of action.
(b) "Health care provider", for purposes of IC 16-35, has the
meaning set forth in subsection (a). However, for purposes of IC 16-35,
the term also includes a health facility (as defined in section 167 of this
chapter).
(c) "Health care provider", for purposes of
IC 16-36-5
, means an
individual licensed or authorized by this state to provide health care or
professional services as:
(1) a licensed physician;
(2) a registered nurse;
(3) a licensed practical nurse;
(4) an advanced practice nurse;
(5) a licensed nurse midwife;
(6) a paramedic;
(7) an emergency medical technician;
(8) an advanced emergency medical technician; or
(9) a first responder, as defined under
IC 16-18-2-131.
The term includes an individual who is an employee or agent of a
health care provider acting in the course and scope of the individual's
employment.
SECTION 2.
IC 16-34-2-1.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1.1. An abortion shall
not be performed except with the voluntary and informed consent of
the pregnant woman upon whom the abortion is to be performed.
Except in the case of a medical emergency, consent to an abortion is
voluntary and informed only if the following conditions are met:
(1) At least eighteen (18) hours before the abortion and in the
presence of the pregnant woman, the physician who is to perform
the abortion, the referring physician or a physician assistant (as
defined in
IC 25-27.5-2-10
), an advanced practice nurse (as
defined in
IC 25-23-1-1
(b)), or a certified nurse midwife (as
defined in
IC 34-18-2-19)
IC 34-18-2-6.5
) to whom the
responsibility has been delegated by the physician who is to
perform the abortion or the referring physician has orally
informed the pregnant woman of the following:
(A) The name of the physician performing the abortion.
(B) The nature of the proposed procedure or treatment.
(C) The risks of and alternatives to the procedure or treatment.
(D) The probable gestational age of the fetus, including an
offer to provide:
(i) a picture or drawing of a fetus;
(ii) the dimensions of a fetus; and
(iii) relevant information on the potential survival of an
unborn fetus;
at this stage of development.
(E) The medical risks associated with carrying the fetus to
term.
(2) At least eighteen (18) hours before the abortion, the pregnant
woman will be orally informed of the following:
(A) That medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care from the county
office of family and children.
(B) That the father of the unborn fetus is legally required to
assist in the support of the child. In the case of rape, the
information required under this clause may be omitted.
(C) That adoption alternatives are available and that adoptive
parents may legally pay the costs of prenatal care, childbirth,
and neonatal care.
(3) The pregnant woman certifies in writing, before the abortion
is performed, that the information required by subdivisions (1)
and (2) has been provided.
SECTION 3.
IC 16-37-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. As used in this
chapter, "person in attendance at birth" means one (1) of the following:
(1) A licensed attending physician.
(2) An attending A licensed certified professional midwife or a
certified nurse midwife.
(3) Another individual who:
(A) holds a license of the type designated by the governing
board of a hospital, after consultation with the hospital's
medical staff, to attend births at the hospital; and
(B) is in attendance at the birth.
SECTION 4.
IC 16-37-2-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. A local health officer
may accept a certificate of birth presented for filing not more than four
(4) years after the birth occurred if the attending physician, certified
nurse midwife, licensed certified professional midwife, or other
person desiring to file the certificate states the reason for the delay in
writing. This statement shall be made a part of the certificate of birth.
SECTION 5.
IC 16-38-4-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. (a) Physicians,
certified nurse midwives, licensed certified professional midwives,
local health departments, and hospitals shall report each confirmed
case of a birth problem to the registry not later than sixty (60) days
after the birth. Information may be provided to amend or clarify an
earlier reported case.
(b) A person required to report information to the registry under this
section may use, when completing reports required by this chapter,
information submitted to any other public or private registry or required
to be filed with federal, state, or local agencies. However, the state
department may require additional, definitive information.
(c) Exchange of information between state department registries is
authorized. The state department may use information from another
registry administered by the state department. Information used from
other registries remains subject to the confidentiality restrictions on the
other registries.
SECTION 6.
IC 25-1-5-3
, AS AMENDED BY P.L.24-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 3. (a) There is established the health professions
bureau. The bureau shall perform all administrative functions, duties,
and responsibilities assigned by law or rule to the executive director,
secretary, or other statutory administrator of the following:
duties in Indiana.
(4) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
in Indiana.
(5) A person administering a domestic or family remedy to a
member of the person's family.
(6) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(7) A school corporation and a school employee who acts under
IC 34-30-14
(or
IC 34-4-16.5-3.5
before its repeal).
(8) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under
IC 25-10-1-13.
(9) A dental hygienist practicing the dental hygienist's profession
under IC 25-13.
(10) A dentist practicing the dentist's profession under IC 25-14.
(11) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(12) A nurse practicing the nurse's profession under IC 25-23.
However, a registered nurse may administer anesthesia if the
registered nurse acts under the direction of and in the immediate
presence of a physician and holds a certificate of completion of a
course in anesthesia approved by the American Association of
Nurse Anesthetists or a course approved by the board.
(13) An optometrist practicing the optometrist's profession under
IC 25-24.
(14) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(15) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(16) A podiatrist practicing the podiatrist's profession under
IC 25-29.
(17) A psychologist practicing the psychologist's profession under
IC 25-33.
(18) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(19) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (8) through
(17), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(20) A hospital licensed under IC 16-21 or IC 12-25.
(21) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service
health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a certified nurse midwife or a licensed certified
professional midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(22) A physician assistant practicing the physician assistant's
profession under IC 25-27.5.
(23) A physician providing medical treatment under
IC 25-22.5-1-2.1.
(b) A person described in subsection (a)(8) through (a)(17) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of medicine
or osteopathic medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(20) through (a)(21) and a licensed
physician does not constitute the unlawful practice of medicine under
this article if the entity does not direct or control independent medical
acts, decisions, or judgment of the licensed physician. However, if the
direction or control is done by the entity under
IC 34-30-15
(or
IC 34-4-12.6
before its repeal), the entity is excluded from the
application of this article as it relates to the unlawful practice of
medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order for
a legend drug that is filled or refilled in a pharmacy owned or operated
by a hospital licensed under IC 16-21. A physician licensed in Indiana
who permits or authorizes a person to fill or refill a prescription or drug
order for a legend drug except as authorized in
IC 16-42-19-11
through
IC 16-42-19-19
is subject to disciplinary action under
IC 25-1-9.
A
person who violates this subsection commits the unlawful practice of
medicine under this chapter.
(e) A person described in subsection (a)(7) shall not be authorized
to dispense contraceptives or birth control devices.
SECTION 8.
IC 25-22.5-8-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) A person who
violates this article by unlawfully practicing medicine or osteopathic
medicine commits a Class C felony.
(b) A person who practices midwifery without the license required
under this article commits a Class D felony.
(c) (b) A person who acts as a physician's assistant without
registering with the board as required under this article commits a
Class D felony.
SECTION 9.
IC 25-23-1-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. As used in this
chapter:
(a) "Board" means the Indiana state board of nursing.
(b) "Advanced practice nurse" means:
(1) a nurse practitioner;
(2) a certified nurse midwife; or
(3) a clinical nurse specialist;
who is a registered nurse qualified to practice nursing in a specialty
role based upon the additional knowledge and skill gained through a
formal organized program of study and clinical experience, or the
equivalent as determined by the board, which does not limit but
extends or expands the function of the nurse which may be initiated by
the client or provider in settings that shall include hospital outpatient
clinics and health maintenance organizations.
(c) "Human response" means those signs, symptoms, behaviors, and
processes that denote the individual's interaction with the environment.
SECTION 10.
IC 25-23-1-13.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 13.1. (a) An applicant
who desires to practice certified nurse midwifery shall present to the
board the applicant's license as a registered nurse and a diploma earned
by the applicant from a school of midwifery approved or licensed by
the board or licensing agency for midwives that is located in any state.
(b) The applicant shall submit to an examination in certified nurse
midwifery prescribed or administered by the board. If the application
and qualifications are approved by the board, the applicant is entitled
to receive a limited license that allows the applicant to practice
midwifery as a certified nurse midwife.
(c) The board shall adopt rules under
IC 25-23-1-7
:
(1) defining the scope of practice for midwifery; of a certified
nurse midwife; and
(2) for implementing this section.
SECTION 11. IC 25-23.2 IS ADDED TO THE INDIANA CODE
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]:
ARTICLE 23.2. LICENSED CERTIFIED PROFESSIONAL
MIDWIVES
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Antepartum period" means the period that begins when
a woman becomes pregnant and ends when the birthing period
begins.
Sec. 3. "Board" refers to the Indiana midwifery board
established by
IC 25-23.2-2-1.
Sec. 4. (a) "Certified professional midwife" or "CPM" means an
individual who has completed and passed the credentialing process
as administered by the North American Registry of Midwives or a
successor organization.
(b) The term does not include any of the following:
(1) An individual engaged in the practice of medicine under
IC 25-22.5.
(2) A certified nurse midwife engaged in the practice of
midwifery only under IC 25-23.
(3) An individual providing emergency medical services.
Sec. 5. "Intrapartum period" means the period that begins
when a woman starts labor and ends when the woman gives birth.
Sec. 6. "Licensed certified professional midwife" means a
certified professional midwife who is granted a license under this
article.
Sec. 7. "Midwifery" means the acts of a person, other than a
licensed or certified health care professional acting within the
scope of the person's license or certificate, when the person, for
compensation, advises, attends, or assists a woman during
pregnancy, labor, natural childbirth, and the postpartum period.
Sec. 8. "Postpartum period" means the six (6) week period after
a birth.
Chapter 2. Indiana Midwifery Board
Sec. 1. The Indiana midwifery board is established.
Sec. 2. The board consists of seven (7) members appointed by
the governor as follows:
(1) Four (4) members who are licensed certified professional
midwives nominated by the president of the Indiana Midwives
Association.
(2) One (1) member who:
(A) has an unlimited license to practice medicine in
Indiana; and
(B) practices as a family practitioner, a pediatrician, or an
obstetrician.
(3) One (1) member who is an attorney licensed to practice
law in Indiana.
(4) One (1) consumer of home birth services.
Sec. 3. (a) The term of each board member is four (4) years.
(b) A board member may be reappointed for not more than
three (3) consecutive terms.
(c) A board member serves until the board member's successor
is appointed. A vacancy occurring in the membership of the board
for any cause shall be filled by appointment by the governor for the
unexpired term.
(d) The board members shall annually select a chairperson and
a vice chairperson from among the board's members.
Sec. 4. (a) The board shall meet at least one (1) time each year,
at the call of the chairperson.
(b) Four (4) members of the board constitute a quorum.
(c) The affirmative vote of four (4) members of the board is
required for the board to take action.
Sec. 5. The health professions bureau shall provide staff support
for the board.
Sec. 6. The board shall do the following:
(1) Establish as a requirement for licensure the certified
professional midwife (CPM) credential developed by the
North American Registry of Midwives or a successor
organization.
(2) Establish fees for the licensure of certified professional
midwives.
(3) Establish annual continuing education requirements for
license renewal.
(4) Develop a peer review procedure, using as guidelines the
peer review procedures established by:
(A) the Indiana Midwives Association or a successor
organization; and
(B) the Midwives Alliance of North America or a successor
organization.
(5) Prescribe informed consent and other relevant forms.
(6) Research the availability of liability insurance for licensed
certified professional midwives and, when the board
determines that liability insurance is sufficiently available,
require the purchase of liability insurance as a condition for
licensure.
(7) Adopt rules under
IC 4-22-2
that define the scope of
practice for licensed certified professional midwives. Rules
adopted under this subdivision must limit the practice of
licensed certified professional midwives to nonhospital
settings.
Sec. 7. The board shall adopt rules under
IC 4-22-2
to
administer this article.
Chapter 3. Certified Professional Midwifery Licensing
Sec. 1. To become a licensed certified professional midwife, an
applicant must satisfy the following requirements:
(1) Be at least twenty-one (21) years of age.
(2) Satisfactorily complete the educational and practical
requirements of the CPM credentialing process in accordance
with the standards of the North American Registry of
Midwives or a successor organization.
(3) Acquire and document practical experience as outlined in
the CPM credentialing process in accordance with the
standards of the North American Registry of Midwives or a
successor organization.
(4) Obtain certification by the American Heart Association in
adult cardiopulmonary resuscitation.
(5) Complete the program sponsored by the American Heart
Association and the American Academy of Pediatrics in
neonatal resuscitation, excluding endotracheal intubation and
the administration of drugs.
(6) Provide proof to the board that the applicant has obtained
the CPM credential as administered by the North American
Registry of Midwives or a successor organization.
(7) Present additional documentation or certifications
required by the board.
Sec. 2. The board may require an oral interview with the
applicant to assess the applicant's fitness to practice midwifery.
Sec. 3. The board shall grant a license to practice certified
professional midwifery to an applicant who satisfies the
requirements of section 1 of this chapter.
Sec. 4. (a) A license issued under this chapter expires three (3)
years after the date of issuance. Failure to renew a license on or
before the expiration date renders the license invalid without any
action by the board.
(b) The procedures and fees for renewal are set by the board.
Sec. 5. The board:
(1) shall adopt rules under
IC 4-22-2
to set the fees for
issuance of a license under this article; and
(2) may adopt rules under
IC 4-22-2
to set other fees the
board considers necessary to administer this article.
Sec. 6. Only an individual who is a licensed certified professional
midwife under this article may use the title "licensed certified
professional midwife".
Sec. 7. The board may deny, suspend, or revoke a license issued
under this article to an individual who does any of the following:
(1) Uses alcohol or drugs to a degree that impairs the
individual's practice of midwifery.
(2) Engages in unprofessional conduct as defined by the
board's rules.
(3) Commits an act constituting gross negligence arising from
the practice of midwifery.
(4) Obtains a certified professional midwifery license through
fraud.
(5) Violates this article or a rule adopted under this article by
the board.
Sec. 8. The board shall provide notice and a hearing under
IC 4-21.5 to an individual licensed under this article before the
board may deny, suspend, or revoke a license under section 7 of
this chapter.
Sec. 9. The board may impose a civil penalty of not more than
five hundred dollars ($500) upon an individual licensed under this
article who commits an act or makes an omission described in
section 7 of this chapter.
Sec. 10. The board may issue a license to an individual who is
licensed as a midwife in another state with requirements that the
board determines are at least equal to the licensing requirements
of this article.
Sec. 11. Except as provided in
IC 25-23-1-13.1
, an individual
who knowingly or intentionally practices midwifery without a
license required under this article commits a Class B misdemeanor.
Chapter 4. Informed Consent for the Practice of Certified
Professional Midwifery
Sec. 1. All of the following must occur before a licensed certified
professional midwife may accept a client for midwifery care:
(1) The licensed certified professional midwife must provide
the potential client with an informed disclosure of practice
form prescribed by the board under section 3 of this chapter.
(2) The potential client must sign and date the form.
(3) The licensed certified professional midwife must sign and
date the form.
(4) If the potential client refuses a procedure or treatment
required by law, the potential client must so indicate on a
separate procedure or treatment form.
Sec. 2. A licensed certified professional midwife may not
perform a specific procedure or treatment that is not described on
the informed disclosure of practice form described in section 1 of
this chapter until both of the following occur:
(1) The specific procedure or treatment is disclosed to the
client in writing on a form separate from the informed
disclosure of practice form.
(2) The client agrees to the procedure by signing the
procedure or treatment form.
Sec. 3. (a) The board shall prescribe the form for the informed
disclosure of practice.
(b) The informed disclosure of practice form must be in writing
and must contain the following information:
(1) A description of the licensed certified professional
midwife's education and training in midwifery, including
completion of continuing education courses and participation
in the peer review process.
(2) The licensed certified professional midwife's experience
level in the field of midwifery.
(3) The licensed certified professional midwife's philosophy of
practice.
(4) Antepartum, intrapartum, and postpartum conditions
requiring consultation, transfer of care, and transport to a
hospital.
(5) A medical backup plan.
(6) The services to be provided to the client by the licensed
certified professional midwife.
(7) The licensed certified professional midwife's current
licensure status and pertinent legal ramifications.
(8) A detailed explanation of treatments and procedures.
(9) A detailed description of the risks and expected benefits of
midwifery care.
(10) Discussion of possible alternative procedures and
treatments and the risks and benefits of those procedures and
treatments.
(11) The availability of a grievance process in a case in which
a client is dissatisfied with the performance of a licensed
certified professional midwife.
(12) A statement that under
IC 25-23.2-6
the liability of a
health care provider (as defined in
IC 34-18-2-14
or
IC 27-12-2-14
before its repeal) in rendering care in an
emergency to a woman who is under the care of a licensed
certified professional midwife is limited to damages arising
from:
(A) the gross negligence; or
(B) willful or wanton acts or omissions;
of the health care provider.
Sec. 4. A licensed certified professional midwife may not disclose
information obtained from a client during a professional
consultation except under the following conditions:
(1) The client or the client's personal representative or
guardian provides written consent.
(2) The information concerns the commission of a crime or
the threat of imminent danger.
(3) The client:
(A) is a minor and is the victim of a crime;
(B) brings a cause of action against the midwife;
(C) waives the privilege; or
(D) is seeking emergency care.
require transfer of responsibility for the primary care of
the client.
(C) Provisions stating the services to be provided by the
licensed certified professional midwife and the licensed
physician.
Chapter 6. Immunity of Health Care Providers Rendering Care
in an Emergency
Sec. 1. Except as provided in section 2 of this chapter, a health
care provider (as defined in
IC 34-18-2-14
or
IC 27-12-2-14
before
its repeal) who renders care in an emergency to a woman who is
under the care of a licensed certified professional midwife is
immune from civil liability resulting from an act or omission
relating to the health care provider's provision of care.
Sec. 2. A health care provider described in section 1 of this
chapter is not immune from civil liability if the damages resulting
from the provision of care resulted from the health care provider's:
(1) gross negligence; or
(2) willful or wanton acts or omissions.
Chapter 7. Immunity of Employees, Students, Interns, Trainees,
and Apprentices
Sec. 1. This chapter applies to:
(1) an employee of a licensed certified professional midwife;
or
(2) a student, an intern, a trainee, or an apprentice who is:
(A) pursuing a course of study to gain licensure under this
article; or
(B) accumulating the experience required for licensure
under this article;
under the supervision of a licensed certified professional
midwife.
Sec. 2. Except as provided in section 3 of this chapter, a person
described in section 1 of this chapter is immune from civil liability
resulting from an act or omission relating to services the person
provides to a woman who is under the care of the employing or
supervising licensed certified professional midwife if the services
are performed under the direction and supervision of the
employing or supervising licensed certified professional midwife.
Sec. 3. A person described in section 1 of this chapter is not
immune from civil liability if the damages resulting from the
provision of care resulted from the person's:
(1) gross negligence; or
(2) willful or wanton acts or omissions.
Chapter 8. Right to Midwifery Services
Sec. 1. Except as otherwise provided by law, an individual is
entitled to:
(1) give birth in the presence of; and
(2) receive assistance during the birth process from;
a midwife.
SECTION 12.
IC 34-6-2-81
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 81. "Certified nurse
midwife", for purposes of IC 34-18, has the meaning set forth in
IC 34-18-2-19.
IC 34-18-2-6.5.
SECTION 13.
IC 34-18-2-6.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 6.5. "Certified nurse midwife"
means a registered nurse who holds a limited license to practice
midwifery under
IC 25-23-1-13.1.
SECTION 14.
IC 34-18-2-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 14. "Health care
provider" means any of the following:
(1) An individual, a partnership, a limited liability company, a
corporation, a professional corporation, a facility, or an institution
licensed or legally authorized by this state to provide health care
or professional services as a physician, psychiatric hospital,
hospital, health facility, emergency ambulance service
(IC 16-18-2-107), dentist, registered or licensed practical nurse,
physician assistant, certified nurse midwife, licensed certified
professional midwife, optometrist, podiatrist, chiropractor,
physical therapist, respiratory care practitioner, occupational
therapist, psychologist, paramedic, emergency medical technician,
or advanced emergency medical technician, or a person who is an
officer, employee, or agent of the individual, partnership,
corporation, professional corporation, facility, or institution acting
in the course and scope of the person's employment.
(2) A college, university, or junior college that provides health
care to a student, faculty member, or employee, and the governing
board or a person who is an officer, employee, or agent of the
college, university, or junior college acting in the course and
scope of the person's employment.
(3) A blood bank, community mental health center, community
mental retardation center, community health center, or migrant
health center.
(4) A home health agency (as defined in
IC 16-27-1-2
).
(5) A health maintenance organization (as defined in
IC 27-13-1-19
).
June 30, 2003.
(3) One (1) member appointed under
IC 25-23.2-2-2
(1), as
added by this act, and one (1) member appointed under
IC 25-23.2-2-2
(4), as added by this act, for a term expiring
June 30, 2002.
(d) This SECTION expires July 1, 2004.
SECTION 19. [EFFECTIVE JULY 1, 2000] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by
IC 12-8-6-1.
(b) The office shall provide Medicaid reimbursement to a
certified professional midwife who holds a license under
IC 25-23.2, as added by this act, for services rendered by the
licensed certified professional midwife that the licensed certified
professional midwife is authorized to perform under the law.
(c) Before July 1, 2001, the office shall seek a waiver from the
United States Department of Health and Human Services to allow
Medicaid reimbursement for a certified professional midwife who
holds a license under IC 25-23.2, as added by this act, for services
rendered by the licensed certified professional midwife that the
licensed certified professional midwife is authorized to perform
under the law.
(d) Notwithstanding subsection (b), the office may not provide
Medicaid reimbursement for services provided by a licensed
certified professional midwife, as described in subsection (c), until:
(1) the waiver described in subsection (c) is approved; or
(2) a waiver is not required under federal law.
(e) Not later than five (5) days after receiving notice of approval
of the waiver requested under subsection (c), the office shall file an
affidavit with the governor's office and the budget committee
attesting to the fact that the waiver has been approved.
(f) The office shall implement subsection (b) not later than
ninety (90) days after the governor's office and the budget
committee receive the affidavit described in subsection (e).
(g) This SECTION expires July 1, 2002.
SECTION 20. [EFFECTIVE JULY 1, 2000] (a) Not later than July
1, 2001, the Indiana midwifery board, with the assistance of the
department of insurance, shall adopt rules under
IC 4-22-2
to allow
a licensed certified professional midwife who holds a license issued
under IC 25-23.2, as added by this act, to receive reimbursement
from an insurance company or third party payor for services
rendered by the licensed certified professional midwife that the
licensed certified professional midwife is authorized to perform
under the law.
(b) This SECTION expires July 1, 2002.
SECTION 21. An emergency is declared for this act.