To all California Midwives originally posted --> July 24th, 2003

Click Here for the text of 
the proposed regulation

Click here to read the 
California College of Midwives' 
written testimony for the Rulemaking File 
 and its supporting documents.
(How Childbirth became as a Surgical Procedure) 

The Regulatory Hearing
was held by the Medical Board

August 1st at the Embassy Suits Hotel. They did not vote on the regulation. Instead they scheduled an additional hearing for Nov 7th which was held in San Diego. Despite the great distance, Senator Figueroa flew in and testified on behalf of its passage. The Division of Licensing again choose not to vote on the regulation. One of the Board member's stated that AGOG and CMA had indicted that they would sue the Board if the regulations as proposed were implemented.  To avoid litigation, the Board moved to send the regulation to the state Attorney General's office for a formal written opinion as to whether the regulation would be considered "legal". This may take several months.      

 the 7 MBC members of the Division of Licensing
 at the above address. 
Members of the advisory board are appointed 
by the governor and are a very different group of people 
from staff of Sacramento-based agency)

The Division of Licensing Members are:

Dr. Michael Karlan, MD, President
Dr. James Bolton, PhD, M.F.T. Vice-President
Dr. Richard Fantozzi, MD, Secretary
Dr. Bernard Alpert, MD
Dr. Gary Gitnick, MD
Salma Haider, 

 If you have urgent questions or serious concerns
you may contact faith gibson, LM, CPM
@650/328-8491

OR

Frank Cuny (CEO of California Citizens of
Health Freedom @ 888 / 557-8092

Medical Board of California
Midwifery Supervision and Standards of Care
Specific Language of Proposed Changes

(1) Add Article 4 before section 1379.20, to read as follows:

                                        Article 4. Midwifery Practice

(2) Adopt section 1379.23 in Chapter 4 or Division 13 of Title 16,
California Code of Regulation,  to read as follows:

 

1379.23 Supervision and Standards of Care.

(a) The requirement for supervision shall be deemed to have been met if a midwife has documentation of any of the following:

        (1) The client is currently receiving ongoing care from a physician or clinic.

       (2) The client is receiving care from a health care service or plan or other organized health plan.

(3) The client has refused medical care by a physician in accordance wi6h Section 2063 (editor's note --> section 2063 is the the religious exemptions clause) of the code or in accordance with the client's right to make an informed refusal of care (See Thor v. Superior Court (Andrews), 5 Cal.4th 725.855 P. 2d 375.21 Cal.Rptr.2d 357.365(1993)).

(b) The standard of care shall be that of the midwifery community.

NOTE: Authority cited: Section 2018 and 2507(f) Business and Professions Code

Reference: Section2507,

(3) Renumber Article 4 to Article 5

(4) Renumber Article 5 to Article 6.

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These are good regulations which are both helpful to midwives and protective of the consumer.  I urge you to support them and to initiate supportive letters from the families you serve and from your friends and community.

 

warm regards, faith gibson ^O^