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

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
 CCM Standards &

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

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


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.

Division of Licensing

\Medical Board of California

\Midwifery Standards of Practice

Specific Language of Proposed Changes

 The Division of Licensing of the Medical Board of California proposes to adopt regulations in Chapter 4 of Division 13 of Title 16, California Code of Regulations, to read as follows:

1.  Add new Article 3.5 after section 1379.15, to read as follows:

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.

October 2004 Edition:  California College of Midwives'

Standards of Practice, Guidelines and Minimum Practice Requirement
developed for California-licensed community midwives

Historical Files

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

California Medical Board Regulations ~ Midwifery Standards & Physician Supervision  
Link to original testimony
~ August 1, 2003
(2) Letter to the MBC Jan 29, 2004 
Post-meeting update on MBC for LMs ~ Jan 30
 June 2004 letter to MBC  
(5) Defining criteria for "Appropriate" and for "Standards of Practice" for California midwives

     Letter to MBC June 2004 

    California College of Midwives'   official testimony 
  for August 1, 2003 regulatory hearing
on Mfry Standards and Phys. Supervision   

   SB 1950 LLegislation authorizing the development of 
"Standards of Midwifery Practice"
-- Tort Law vs. Contract Law
(post 11/22/02)

  Jan 30, 2004 ~ post-meeting update on MBC for California LMs    

  Link to original testimony on MBC Regulations 
on  Mfry Standards & Physician Supervision 

    Previous Letter to Medical Board (Jan 29, 2004) 

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