MBC Correspondence

General MBC Correspondence
& Reports on Board Meetings
for 2003 and 2004

♫PLUS
Regulatory Hearing for SB 1950
August 2003 to November 2004

Historical Files for SB 1950

Most Recent Update --
Medical Board Meeting
November 2004

Read Proposed
Regulation,
CCM Standards &
Guidelines
below

Keep tuned for specifics,
esp submitting written testimony before the regulatory hearing
(must be in 3 days
before hearing)

New - Faith's September 11th, 2004 Letter to MBC

11/13/2004:

Medical Board meeting are always surprising. This time the surprise was a vote by Division of Licensing (DOL) members recommending that the CCM Standards and Guidelines be identified as the "appropriate" standard for community-based midwifery by California LMs. A public regulatory hearing on this proposed regulation will be held at the February Board meeting (17th or 18th). DOL members did not vote on the physician supervision issue at this meeting.

The public regulatory hearing in February will take oral and written testimony for and against the proposed regulation. A_COG and other lobbyists will be there to argue against it. Some midwives may also object. At the end of the hearing (usually 1-2 hours), the DOL members will vote.

If they vote "yes", the written testimony and all other official paperwork (called the "rulemaking file") will be sent to the Office of Administrative Law (OAL) to decide whether the CCM standard fulfills 6 specific legal requirements as determined by the OAL lawyers.

If the DOL members vote "no", we will have to continue the negotiating process, with more meetings and other alternative suggestions. If OAL sends it back, we will have to address their objections, which could mean either modifying the proposal or starting all over again.

Article 3.5. Midwifery Practice

2. Adopt new section 1379.20 in Article 3.5 to read as follows:

1379.20 Standards of Practice for Midwives

(a) For purposes of Section 2507(f) of the code, the appropriate standard of care for licensed midwives is that of the California College of Midwives, as expressed in Sections 1 and 2 of that organization’s publication entitled “Standards of Practice, Protocols, Guidelines and Minimum Practice Requirements for California Licensed Midwives” (October 2004 Edition), which is hereby incorporated by reference.

(b) With respect to the care of a client with twin gestation or breech presentation, the licensed midwife shall inform the client about the material risks and benefits of continuing with midwifery care and shall recommend to the client that the client transfer care to a licensed physician who has current training and practice in obstetrics. However, recognizing that the client has the right to refuse that recommendation as well as any other treatment or procedure, if the client makes a written informed refusal, the licensed midwife may continue to provide midwifery care to the client consistent with the standards set forth in subsection (a). The licensed midwife shall document the informed refusal in the client’s medical record.

NOTE: Authority cited: Sections 2018 and 2507, Business and Professions Code. Reference: Section 2507, Business and Professions Code.

July 2004: Dr. Fantozzi, chair of the midwifery task force, has recommended that
standards of practice for California LMs be taken from Alaska's Statutes and Regulations.
Go to "Certified Direct-Entry Midwives Statutes and Regulations AS 08.65 and 12 AAC 14"
and tell us what you think of practicing under the Alaska Regs

Division of Licensing

\Medical Board of California

\Midwifery Standards of Practice

Specific Language of Proposed Changes

Article 3.5. Midwifery Practice