Oregon Bulletin
Rule
Caption: Increase fees from $630 to $1800
annually for initial and renewed licenses.
Adm.
Order No.: DEM 4-2011
Filed with Sec. of
State: 9-26-2011
Certified to be
Effective: 9-26-11
Notice Publication
Date: 8-1-2011
Rules Adopted: 332-040-0000
Rules Repealed: 332-020-0020
Subject: Adopt OAR 332 Division 40 which reflects fees for the
Board of Direct Entry Midwifery (Board). Division 40 also provides for an
increase in fees for initial and renewed licenses. The increase in fees is due
to high legal costs directly charged to the Board. OAR 332-040-0000 was
previously 332-020-0020 but 332-020-0020 was repealed and 332-040-0000 was
created in its place to better organize the administrative rule divisions for
this Board, providing clarity and readability.
Rules Coordinator: Samantha Patnode—(503) 373-1917
332-040-0000
Fees
(1) An applicant and licensee are subject to the
provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees,
penalties and charges.
(2) Fees established by the Oregon Health Licensing
Agency pursuant to ORS 676.607 are as follows:
(a) Application:
(A) License: $150.
(B) License by reciprocity: $750.
(b) Examination — Oregon laws & rules: $50.
(c) Original issuance of license (including by
reciprocity): $1800 for one year.
(d) Renewal — License: $1800 for one year;
(e) Reactivation of license: $150.
(f) Other administrative fees:
(A) Delinquency fee: $50 for each year in expired
status up to three years.
(B) Replacement of license, including name change: $25.
(C) Duplicate license document: $25 per copy, with a
maximum of three.
(D) Affidavit of licensure for reciprocity: $50.
(E) An additional $25 administrative processing fee
will be assessed if a non-sufficient funds or non-negotiable instrument is
received for payment of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.: ORS 676.607, 676.615
& 687.435
Stats. Implemented: ORS 676.607
& 687.435
Hist.: DEM 4-2011, f. & cert.
ef. 9-26-11
Rule
Caption: Amend requirements related to
third-degree lacerations, peer review, breech births, and post-date protocols
including specific forms.
Adm.
Order No.: DEM 5-2011
Filed with Sec. of
State: 9-26-2011
Certified to be
Effective: 9-26-11
Notice Publication
Date: 8-1-2011
Rules Amended: 332-015-0000, 332-015-0070, 332-020-0000,
332-020-0017, 332-025-0020, 332-025-0021, 332-025-0022
Rules Repealed: 332-015-0070(T), 332-025-0020(T), 332-025-0021(T),
332-025-0022(T), 332-025-0040, 332-025-0080
Rules Renumbered: 332-025-0100 to 332-025-0130
Rules Ren. &
Amend: 332-025-0070 to 332-025-0110,
332-025-0080 to 332-025-0120, 332-025-0030 to 332-026-0000, 332-025-0040 to
332-026-0010, 332-025-0050 to 332-026-0020, 332-025-0060 to 332-026-0030
Subject: Rule changes are necessary to allow for general
amendments to align with current industry, agency and statewide rulemaking
standards and principles, as well as changes to administrative rule references
and renumbering for clarification of specific divisions.
Administrative
rules to prohibit licensed direct entry midwives (LDMs) from repairing
third-and-fourth degree lacerations but allowing referral of care to a
qualified licensed health care provider within the parameters of absolute risk
criteria. Currently the practice of repairing third-and-fourth degree
lacerations is not universally taught during initial education and training for
a LDM.
Update reporting
requirements to reflect correct statutory authority. The agency and board will
collect data as part of renewal requirements under ORS 687.425.
Amend general
practice standards to address LDMs who do not attend any births during the
renewal period from having to report peer review as part of renewal
requirements.
Amend intrapartum
absolute risk criteria to clarify the type of breech birth that is restricted
and requires the transport and transfer of the client by the LDM. As well
clarify several specific intrapartum absolute risk factors to include suspected
or evident complications which would require transport and transfer of care.
Amend mother and
baby practice standards to provide options and clearer fetal surveillance
requirements related to post-date protocol including auscultated acceleration
testing when certain criteria are met. Requires documentation in the clients
record if the mother denies testing or if the LDM is denied access to fetal
surveillance testing. Requires that LDM use prescribed board approved practice
standards for auscultated acceleration testing and graphs which will be posted
to the Web site.
Renumber and
amend approved legend drugs for maternal use to add more forms of procaine HCI,
including Novocaine and benzocaine.
Rules Coordinator: Samantha Patnode—(503) 373-1917
332-015-0000
Definitions
The following definitions apply as used in OAR
332-015-0000 through 332-030-0000.
(1) “Agency” means the Oregon Health Licensing Agency.
The agency is responsible for the budget, personnel, performance-based
outcomes, consumer protection, fee collection, mediation, complaint resolution,
discipline, rulemaking and record keeping.
(2) “Antepartum” means the period of time before the
onset of labor.
(3) “Board” means, pursuant to ORS 687.470, the entity
that advises the agency on matters relating to the practice of direct entry
midwifery, and determines practice standards, education and training, and
provides consultation to the agency on all disciplinary issues in accordance
with ORS 687.405 to 687.495.
(4) “Baby” means the fetus and the newborn.
(5) “Consultation” means a dialogue for the purpose of
obtaining information or advice from a health care provider by phone, written
notes, or in person, which may include, but is not limited to identification of
and recommendation regarding management of maternal or fetal conditions.
(6) “Fetal distress” is a condition in which the fetus
demonstrates progressive and irresolvable clinical signs of compromise, which
may include, but are not limited to, abnormal fetal movement; loss of heart
tone variability; non-reassuring fetal heart rate deceleration patterns such as
late decelerations; and non-reassuring changes in fetal heart baseline rate.
(7)
“Informed Consent” means the consent obtained following a thorough and easily
understood explanation of the information to the mother or the mother’s
guardian. Refer to OAR 332-025-0120.
(8) “Intrapartum” means the period of time from the
onset of labor through the birth of the placenta.
(9) “LDM” means licensed direct entry midwife.
(10) “MANA” means the Midwives Alliance of North
America.
(11) “MEAC” means the Midwifery Education and
Accreditation Council.
(12) “NARM” means the North American Registry of
Midwives.
(13) “Peer review” means the discussion of cases with
other health care providers and students for the purpose of obtaining and
providing suggestions regarding care.
(14) “Postpartum” means the period of time immediately
after and up to eight weeks following the birth of the baby.
(15) “Prenatal” means the period of time from
conception to the onset of labor.
(16) “Primary birth attendant” means the midwife who
assumes direct responsibility for mother and baby care.
(17) “Sharps” means items that includes needles,
intravenous tubing with needles attached, scalpel blades, lancets, glass tubes
that could be broken during handling and syringes that have been removed from
their original sterile containers.
Stat. Auth.: ORS 687.485
Stats. Implemented: ORS 183.450(7)
& 687.485
Hist.: DEM 1-1993(Temp), f. &
cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 1-1998, f.
2-27-98, cert. ef. 3-1-98; DEM 1-1999(Temp), f. 9-1-99, cert. ef. 9-9-99 thru
2-29-00; DEM 2-1999, f. 12-17-99, cert. ef. 12-20-99; DEM 1-2002, f. 2-25-02
cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 4-2010, f.
12-30-10, cert. ef. 1-1-11; DEM 5-2011, f. & cert. ef. 9-26-11
332-015-0070
Approved Legend Drugs and Devices
Prescribed Education
(1) To be granted a license, an applicant must
successfully complete the Initial Legend Drugs and Devices Program consisting
of 40 clock hours of instruction in the approved curriculum. Each component of
the initial program must be completed within the two years or 24 months
immediately preceding the date of application. The initial program must be taught
by a MEAC accredited or pre-accredited school, the Oregon Midwifery Council, or
by an organization authorized by the Board. The program is composed of theory,
hands-on practice, and skills testing for competency.
(2) The initial program consists of:
(a) Eight clock hours in Pharmacology covering drugs
listed in OAR 332-026-0010 and 332-026-0020;
(A) Mechanism of Pharmacological Action;
(B) Indications;
(C) Therapeutic Effects;
(D) Side Effects/Adverse Reactions;
(E) Contraindications;
(F) Incompatibilities/Drug Interactions; and
(G) Drug administration including:
(i) Dosage;
(ii) Dosage Form and Packaging;
(iii) Routes of Administration;
(iv) Onset of Action;
(v) Peak Effect; and
(vi) Duration of Action.
(b) Four clock hours of administration of medications
through injection, which includes:
(A) Universal precautions including the use and
disposal of sharps;
(B) Equipment including:
(i) Needles;
(ii) Filter Needles (for use with glass ampules);
(iii) Syringes;
(iv) Skin surface disinfectants; and
(v) Medication containers (ampules, multi- and
single-use vials).
(C) Appropriate injection sites;
(D) Procedures for drawing up and administering drugs;
(E) Special case: Administration of Medications
Intravenously; and
(F) Care of equipment.
(c) Four clock hours in advanced treatment of shock,
which includes:
(A) Theory of shock; and
(B) Treatment of shock.
(d) Ten clock hours in intravenous therapy, which
includes:
(A) Intravenous fluid therapy;
(B) Purpose of IV fluid therapy;
(C) Equipment;
(D) Appropriate sites;
(E) Procedure;
(F) Rate of administration; and
(G) Care of equipment.
(e) Four clock hours in neonatal resuscitation, which
includes:
(A) Basic life support techniques;
(B) Cardio-Pulmonary Resuscitation (CPR);
(C) Use of oxygen; and
(D) Positive pressure ventilation (bag, valve, mask).
(f) 10 clock hours in suturing which includes:
(A) Explanation of the pelvic floor and genital
anatomy;
(B) Assessing the degree of damage for repair;
(C) Use of local anesthetic;
(D) Equipment including:
(i) Sutures;
(ii) Needles; and
(iii) Instruments.
(E) Use of needle holder and working with curved
needle;
(F) Knot tying (instrument knot);
(G) Basic stitching techniques including:
(i) Interrupted;
(ii) Basting;
(iii) Lock Blanket; and
(iv) Running mattress.
(H) Repairing a simple first-degree tear; and
(I) Repairing a second-degree tear; and
(3) A copy of Board-approved curriculum objectives will
be retained on file at the agency and made available upon receipt of a written
request and payment of an administrative fee for acquiring public records.
Refer to OAR 331-010-0030.
Stat. Auth.: ORS 676.615, ORS
687.485 & 687.493
Stats. Implemented: ORS 676.615,
ORS 687.485 & 687.493
Hist.: DEM 1-2001(Temp), f. &
cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM
1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 2-2008(Temp), f. 9-15-08 cert ef.
10-1-08 thru 3-30-09; DEM 1-2009, f. 3-31-09, cert. ef. 4-1-09; DEM 4-2010, f.
12-30-10, cert. ef. 1-1-11; DEM 1-2011(Temp), f. & cert. ef. 4-4-11 thru
9-27-11; DEM 5-2011, f. & cert. ef. 9-26-11
332-020-0000
License Issuance and Renewal
(1) LICENSING: A licensee is subject to the provisions
of OAR chapter 331, division 30 regarding the issuance and renewal of a
license, and provisions regarding authorization to practice, identification,
and requirements for issuance of a duplicate license.
(2) LICENSE RENEWAL: To avoid delinquency penalties,
license renewal must be made prior to the license entering inactive status. The
licensee must submit the following:
(a) Renewal application form;
(b) Payment of required renewal fee;
(c) Attestation of having obtained required continuing
education under OAR 332-020-0010, on a form prescribed by the agency, whether
license is current or inactive.
(d) Evidence of current certification in
cardiopulmonary resuscitation for adults and infants;
(e) Evidence of current certification in neonatal
resuscitation;
(f) Evidence of having completed peer review documented
on a form prescribed by the agency pursuant to 332-025-0020; and
(g) Submit a copy of individual MANAstats practice
report pursuant to OAR 332-020-0017.
(3) INACTIVE LICENSE RENEWAL: A license may be inactive
for up to three years. When renewing after entering inactive status, the
licensee must submit the following:
(a) Renewal application form;
(b) Payment of delinquency and license fees pursuant to
OAR 332-020-0020;
(c) Attestation of having obtained required continuing
education under OAR 332-020-0010, on a form prescribed by the agency, whether
license is current or inactive.
(d) Evidence of current certification in
cardiopulmonary resuscitation for adults and infants;
(e) Evidence of current certification in neonatal
resuscitation; and
(f) Evidence of having completed peer review on a form
prescribed by the agency pursuant to 332-025-0020.
(g) Submit a copy of individual MANAstats practice
report pursuant to OAR 332-020-0017.
(4) EXPIRED LICENSE: A license that has been inactive
for more than three years is expired and the licensee must reapply and meet the
requirements listed in OAR 332-015-0030.
(5) A licensee failing to meet continuing education
requirements listed under OAR 332-020-0010 is considered to have an expired
license and must reapply and meet requirements pursuant to OAR 332-015-0030.
Stat. Auth.: ORS 676.605, 676.615,
687.420, 687.425, 687.430, 687.485 & 687.493
Stats. Implemented: ORS 676.605,
676.615, 687.420, 687.425, 687.430, 687.485 & 687.493
Hist.: DEM 1-1993(Temp), f. &
cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 1-2001(Temp),
f. & cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef.
3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 1-2008, f. 9-15-08 cert.
ef. 10-1-08; DEM 5-2010, f. 12-30-10, cert. ef. 1-1-11; DEM 5-2011, f. &
cert. ef. 9-26-11
332-020-0017
Reporting Requirements
(1) In accordance with ORS 687.425, for renewal of a
license an individual licensed as an LDM must submit data on every mother and
baby electronically to the MANAstats Project on any form prescribed by MANA,
and in accordance with the policies and procedures established by MANA. A
licensee must:
(a) Begin data collection with MANA for each mother who
initiates care as of June 1, 2011; and
(b) Submit a copy of their individual MANAstats
practice report annually to the agency at the time of license renewal,
beginning June 2012.
(2) A licensee is required to notify the agency of the
number of mothers who decline consent to participate in the MANAstats data
collection system annually on a form prescribed by the agency.
(3) When a mother declines consent to participate in
the MANAstats data collection, the licensee must provide de-identified mother
and baby data to the agency on a form prescribed by the agency. If there are
multiple licensees present at the same birth, the licensees must designate one
licensee to report to the agency.
Stat. Auth.: ORS 687.485 &
676.615
Stats. Implemented: ORS 687.425,
687.435, 687.485, 687.495, 676.606 & 676.607
Hist.: DEM 5-2010, f. 12-30-10,
cert. ef. 1-1-11; DEM 5-2011, f. & cert. ef. 9-26-11
332-025-0020
General Practice Standards
Pursuant to ORS 687.480, licensees must comply with the
following practice standards when, advising the mother and in rendering
antepartum, intrapartum and postpartum care.
(1) A licensee must include the designation LDM after
the licensee’s name when completing birth certificates; and
(2) As a condition of license renewal, licensees must
participate in peer review meetings in their regions or in conjunction with
professional organization meeting(s), which must include, but are not limited
to, the discussion of cases and obtaining feedback and suggestions regarding
care. Documentation must be made on forms approved by the board. Licensees must
participate in peer review according to the following schedule:
(a) Once per year if the licensee served as the primary
birth attendant at 40 or fewer births during the license year; or
(b) Twice per year if the licensee served as the
primary birth attendant at more than 40 births during the license year.
(c) For the purpose of reporting peer review, if there
is more than one birth attendant present at the same birth, the birth attendants
must designate which birth attendant is primary.
(d) If a licensee has not attended any births,
participation in peer review is not required. Licensee must attest to not
having attended any births on a form prescribed by the agency.
(3) In accordance with ORS 687.480 and 687.493 a
licensee must maintain equipment necessary to: assess maternal, fetal and
newborn well being; maintain aseptic technique; respond to emergencies
requiring immediate attention; and to resuscitate mother and newborn when
attending an out-of-hospital birth.
(4) A licensee must dispose of pathological waste
resulting from the birth process in accordance with the Department of Human
Services Public Health Division under OAR 333 Division 056. Provisions include:
(a) Incineration, provided the waste is properly
containerized at the point of generation and transported without compaction to
the site of incineration; or
(b) Burial on private property if burial of human
remains on such property is not prohibited or regulated by a local government
unit at the designated site.
(5) Licensees must dispose of biological waste
materials that come into contact with blood and/or body fluids in a sealable
plastic bag (separate from sealable trash or garbage liners) or in a manner
that protects the licensee, mother, baby, and others who may come into contact
with the material during disposal. Biological wastes may also be incinerated or
autoclaved in equipment dedicated to treatment of infectious wastes.
(6) Licensees must dispose of sharps that come into
contact with blood or bodily fluids in a sealable, (puncture proof) container
that is strong enough to protect the licensee, mother, baby and others from
accidental cuts or puncture wounds during the disposal process.
(7) Sharps must be placed into appropriate containers
at the point of generation and may be transported without compaction to a
landfill having an area designed for sharps burial or transported to an
appropriate health care facility equipped to handle sharps disposal, provided
the lid of the container is tightly closed or taped to prevent the loss of
content and the container is appropriately labeled.
(8) Licensees must maintain a “patient disclosure form”
providing current and accurate information to prospective clients. Licensees
must provide the mother with this information. This statement must include, but
is not limited to:
(a) Philosophy of care;
(b) Midwifery training and education;
(c) Clinical experience;
(d) Services provided to mother and baby;
(e) Types of emergency medications and equipment used;
(f) Responsibilities of the mother and her family;
(g) Fees for services including financial arrangements;
(h) Malpractice coverage;
(i) Risk assessment criteria as listed in OAR
332-025-0021; and
(j) Signature of mother and date of signature
documenting discussion and receipt of patient disclosure form.
(9) A licensee must maintain a plan for emergency
transport and must discuss the plan with the mother. The plan must include, but
is not limited to:
(a) Place of transport;
(b) Mode of transport;
(c) Provisions for hospital and physician support
including location and telephone numbers; and
(d) Availability of private vehicle or ambulance
including emergency delivery equipment carried in the vehicle.
(10) Signature of mother and date of signature
documenting discussion of emergency transport plan must be placed in the
mother’s record.
(11) A licensee must maintain complete and accurate
written records documenting the course of midwifery care as listed under OAR
332-025-0110.
(12) A licensee must maintain current certification in
cardiopulmonary resuscitation for adults and infants and current certification
in neonatal resuscitation.
(13) All births must be registered with the Department
of Human Services Vital Records Section, as provided in ORS Chapter 432.
Stat. Auth.: ORS 676.605, 676.615,
687.480 & 687.485
Stats. Implemented: ORS 676.605,
676.615, 687.480 & 687.485
Hist.: DEM 1-1993(Temp), f. &
cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 2-1998, f.
4-14-98, cert. ef. 4-15-98; DEM 1-1999(Temp), f. 9-1-99, cert. ef. 9-9-99 thru
2-29-00; DEM 2-1999, f. 12-17-99, cert. ef. 12-20-99; DEM 2-2000(Temp), f. 8-22-00,
cert. ef. 8-22-00 thru 2-17-00; DEM 2-2000(Temp), f. 8-22-00, cert. ef. 8-22-00
thru 2-17-01; DEM 3-2000, f. 9-29-00, cert. ef. 10-1-00; DEM 1-2001(Temp), f.
& cert. ef. 10-1-01 thru 3-29-02; Administrative correction 11-7-01; DEM
1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04, cert. ef. 7-1-04;
DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11; DEM 1-2011(Temp), f. & cert. ef.
4-4-11 thru 9-27-11; DEM 5-2011, f. & cert. ef. 9-26-11
332-025-0021
Risk Assessment Practice Standards
Licensees must assess the appropriateness of an
out-of-hospital birth taking into account the health and condition of the
mother and baby according to the following absolute and non-absolute risk
criteria:
(1) “Absolute risk” as used in this rule means
conditions or clinical situations of obstetrical or neonatal risk that cannot
be resolved and that preclude out-of-hospital care. If the mother or baby
presents with any absolute risk factors, the LDM must:
(a) During the antepartum period, plan for transfer of
care and an in-hospital birth;
(b) During the intrapartum period, arrange
transportation to the hospital and transfer of care unless the birth is
imminent;
(c) When the birth is imminent, take the health and
condition of the mother and baby and conditions for transport into
consideration in determining whether to proceed with out-of-hospital birth or
to arrange for transportation to a hospital and transfer of care;
(d) During the postpartum period, arrange for
transportation of mother or baby to a hospital and transfer of care;
(2) The following constitute absolute risk factors:
(a) ANTEPARTUM ABSOLUTE RISK CRITERIA:
(A) Active cancer;
(B) Cardiac condition with hemodynamic consequences;
(C) Severe renal disease — active or chronic;
(D) Severe liver disease — active or chronic;
(E) Uncontrolled hyperthyroidism;
(F) Chronic obstructive pulmonary disease;
(G) Essential chronic hypertension over 140/90;
(H) Pre-eclampsia/eclampsia;
(I) Current venous thromboembolic disease;
(J) Current substance abuse known to cause adverse
effects for the mother or baby;
(K) Incomplete spontaneous abortion;
(L) Hemoglobin under nine at term;
(M) Placental abruption;
(N) Placenta less than 2.0 centimeters from internal os
at onset of labor;
(O) Persistently or severely abnormal quantity of
amniotic fluid;
(P) Signs and symptoms of chorioamnionitis;
(Q) Ectopic pregnancy;
(R) Pregnancy lasting longer than 43 weeks gestation
(21 days past the due date);
(S) Any pregnancy with abnormal fetal surveillance
tests;
(T) Active acquired immune deficiency syndrome (AIDS);
(U) Higher order multiples (three or more);
(V) Monochorionic, monoamniotic twins;
(W) Twin-to-twin transfusion;
(X) Presenting twin transverse;
(Y) Three cesarean sections unless previous successful
vaginal birth;
(Z) Placenta accreta, percreta or increta;
(AA) Non-cephalic presentation except as noted in
non-absolute risk criteria;
(BB) Previous classical uterine incision, T-incision,
prior uterine rupture or extensive transfundal surgery;
(CC) Four or more cesarean sections; and
(DD) Pre-existing diabetes requiring oral medication or
insulin.
(b) INTRAPARTUM ABSOLUTE RISK CRITERIA:
(A) Documented intrauterine growth restriction at term;
(B) Evident or suspected uterine rupture;
(C) Prolapsed cord or cord presentation;
(D) Evident or suspected complete or partial placental
abruption;
(E) Evident or suspected placenta previa;
(F) Evident or suspected chorioamnionitis;
(G) Pre-eclampsia/eclampsia;
(H) Thick meconium-stained amniotic fluid without
reassuring fetal heart tones and birth is not imminent;
(I) Evidence of fetal distress or abnormal fetal heart
rate pattern unresponsive to treatment or inability to auscultate fetal heart
tones;
(J) Excessive vomiting, dehydration, acidosis or
exhaustion unresponsive to treatment;
(K) Blood pressure greater than or equal to 150/100
which persists or rises, and birth is not imminent;
(L) Labor or premature rupture of membrane less than 35
weeks according to estimated due date;
(M) Current substance abuse known to cause adverse
effects for the mother or baby;
(N) Retained placenta with suspected placenta accreta;
(O) Active herpes lesion in an unprotectable area;
(P) Primary herpes outbreak in labor; and
(Q) Evident or suspected footling or kneeling breech.
(c) MATERNAL POSTPARTUM ABSOLUTE RISK CRITERIA:
(A) Retained placenta with suspected placenta accreta;
(B) Retained placenta with abnormal or significant
bleeding;
(C) Laceration requiring referral of care for repair
including but not limited to third and fourth-degree lacerations;
(D) Uncontrolled postpartum bleeding;
(E) Increasingly painful or enlarging hematoma;
(F) Development of pre-eclampsia; and
(G) Signs or symptoms of shock unresponsive to
treatment.
(d) INFANT ABSOLUTE RISK CRITERIA:
(A) Apgar less than 7 at 10 minutes of age;
(B) Respiration rate greater than 100 within the first
two hours postpartum, and greater than 80 thereafter, lasting more than one
hour without improvement;
(C) Persistent nasal flaring, grunting, or retraction
after one hour of life without improvement;
(D) Seizures;
(E) Apnea;
(F) Central cyanosis;
(G) Large or distended abdomen;
(H) Any condition requiring more than 12 hours of
observation postbirth;
(I) Persistent poor suck, hypotonia or a weak or
high-pitched cry;
(J) Persistent inability to maintain temperature
between 97-100 degrees Fahrenheit;
(K) Persistent projectile vomiting or emesis of fresh
blood; and
(L) Signs and symptoms of infection in the infant.
(3) “Non-absolute” means a condition or clinical
situation that places a mother or baby at increased obstetric or neonatal risk,
but does not automatically exclude a mother and baby from an out-of-hospital
birth.
(4) When a mother or baby presents with one or more
non-absolute risk factors, the LDM must:
(a) Arrange for the transfer of care of the mother or
baby; or
(b) Comply with all of the following:
(A) Consult with at least one Oregon licensed health
care provider regarding the non-absolute risk factors present.
(B) Discuss the non-absolute risk(s) with the mother,
including:
(i) Possible adverse outcomes;
(ii) Whether an out-of-hospital birth is a reasonably
safe option based upon the risk(s) present;
(iii) The anticipated risk(s) and the likelihood of
reducing or eliminating said risks;
(iv) The midwife’s experience with said risk(s);
(v) The ease and time involved in accomplishing
transport or transfer of care;
(vi) Recommendation(s) given by the consulting Oregon
licensed health care provider(s); and
(vii) Recommendation(s) given by the LDM to the mother.
(C) Document discussion of information listed in
subsection (B).
(D) To the extent the LDM acts contrary to the
recommendations given by the consulting Oregon licensed health care provider,
the LDM must document the justification.
(E) Informed consent must be obtained and documented in
records.
(5) The following are non-absolute risk factors:
(a) MATERNAL ANTEPARTUM NON-ABSOLUTE RISK CRITERIA:
(A) Conditions that could negatively affect maternal or
fetal status that require ongoing medical supervision or ongoing use of
medications;
(B) Inappropriate fetal size for gestation;
(C) Significant second or third trimester bleeding;
(D) Abnormal fetal cardiac rate or rhythm;
(E) Decreased fetal movement;
(F) Uterine anomaly;
(G) Anemia (hematocrit less than 30 or hemoglobin less
than 10 at term);
(H) Seizure disorder requiring prescriptive medication;
(I) Platelet count of less than 75,000;
(J) Isoimmunization to blood factors;
(K) Psychiatric disorders;
(L) History of thrombophlebitis and hemoglobinopathies;
(M) Dichorionic, diamniotic twins;
(N) Monochorionic, diamniotic twins;
(O) Known fetal anomalies that require medical
attention at birth;
(P) Two cesarean sections without previous successful
vaginal birth;
(Q) Three cesarean sections with a previous successful
vaginal birth;
(R) Blood coagulation defect;
(S) Significant glucose intolerance unresponsive to
dietary and exercise intervention;
(T) Gestational diabetes well controlled with diet or
oral glycemic medications; and
(U) Primary herpes outbreak.
(b) INTRAPARTUM NON-ABSOLUTE RISK CRITERIA:
(A) No prenatal care or unavailable records;
(B) History of substance abuse during this pregnancy;
(C) Signs and symptoms of infection including but not
limited to a temperature 100.4 degrees Fahrenheit or higher with adequate
hydration in the mother;
(D) Labor or premature rupture of membrane from 35 to
36 weeks gestation;
(E) Frank and complete breech presentation, as
determined by vaginal examination;
(F) Lack of adequate progress in second stage:
(i) Lack of adequate progress in vertex presentation is
when there is no progress after a maximum of three hours in cases with full
dilation, ruptured membranes, strong contractions and sufficient maternal
effort; and
(ii) Lack of adequate progress in breech presentation
is when there is no progress in descent after a maximum of one hour in cases
with full dilation, ruptured membranes, strong contractions and sufficient
maternal effort.
(c) MATERNAL POSTPARTUM NON-ABSOLUTE RISK CRITERIA:
(A) Signs and symptoms of infection;
(B) Any condition requiring more than 12 hours of
postpartum observation;
(C) Retained placenta greater than two hours with no
unusual bleeding;
(D) Evidence of urinary retention that cannot be
resolved in an out-of- hospital setting; and
(d) INFANT NON-ABSOLUTE RISK CRITERIA:
(A) Apgar less than 7 at five minutes without
improvement;
(B) Weight less than 2,270 grams (five lbs.);
(C) Failure to void within 24 hours or stool within 48
hours from birth;
(D) Excessive pallor, ruddiness, or jaundice at birth;
(E) Any generalized rash at birth;
(F) Birth injury such as facial or brachial palsy,
suspected fracture or severe bruising;
(G) Baby with signs and symptoms of hypoglycemia
unresolved in the out-of-hospital setting;
(H) Weight decrease in excess of 10 percent of birth
weight that does not respond to treatment;
(I) Maternal-infant interaction problems;
(J) Direct Coomb’s positive cord blood;
(K) Infant born to HIV positive mother;
(L) Suspected or evident major congenital anomaly;
(M) Estimated gestational age of less than 35 weeks;
(N) Maternal substance abuse identified postpartum; and
(O) Cardiac irregularities, heart rate less than 80 or
greater than 160 (at rest) without improvement, or any other abnormal or
questionable cardiac findings.
(6) For the purpose of this rule “transfer of care”
means the process whereby any LDM who has been providing care relinquishes this
responsibility to a hospital or to licensees under ORS chapter 682.
(a) The LDM must provide the following at the time of
transfer, to the hospital or licensees under ORS chapter 682: medical history,
prenatal flow sheet, diagnostic studies, laboratory findings, and maternal and
baby care notes through time of transfer;
(b) In cases of emergency, at the time of transfer, the
LDM must provide the records required in subsection (a) to the hospital or
licensees under ORS chapter 682, including notes for care provided during the
emergency, if available. If notes are not available, an oral summary of care
during the emergency must be made available to the hospital or licensees under
ORS chapter 682; and
(c) Under no circumstances shall the midwife leave the
mother or baby until such a time that transport is arranged and another Oregon
licensed health care provider or a licensee under ORS chapter 682 assumes care.
(7) For the purpose of this rule “consultation” means a
dialogue for the purpose of obtaining information or advice from an Oregon
licensed health care provider who has direct experience handling complications
of the risk(s) present, as well as the ability to confirm the non-absolute
risk, which may include, but is not limited to confirmation of a diagnosis and
recommendation regarding management of medical, obstetric, or fetal problems or
conditions. Consultation may be by phone, in person or in writing.
(8) For the purpose of this rule “Oregon licensed
health care provider” means a physician or physician assistant licensed under
ORS 677, a certified nurse midwife or nurse practitioner licensed under ORS 678,
a naturopath licensed under ORS 685, or a licensed direct entry midwife
licensed under ORS 687.
Stat. Auth.: ORS 676.605, 676.615,
687.480 & 687.485
Stats. Implemented: ORS 676.605,
676.615, 687.480 & 687.485
Hist.: DEM 1-1993(Temp), f. &
cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 2-1998, f.
4-14-98, cert. ef. 4-15-98; DEM 1-1999(Temp), f. 9-1-99, cert. ef. 9-9-99 thru
2-29-00; DEM 2-1999, f. 12-17-99, cert. ef. 12-20-99; DEM 2-2000(Temp), f.
8-22-00, cert. ef. 8-22-00 thru 2-17-00; DEM 2-2000(Temp), f. 8-22-00, cert.
ef. 8-22-00 thru 2-17-01; DEM 3-2000, f. 9-29-00, cert. ef. 10-1-00; DEM
1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02; Administrative
correction 11-7-01; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM 1-2004, f. 6-29-04,
cert. ef. 7-1-04; DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11; DEM 1-2011(Temp),
f. & cert. ef. 4-4-11 thru 9-27-11; DEM 5-2011, f. & cert. ef. 9-26-11
332-025-0022
Mother and Baby Care Practice
Standards
(1) An LDM may:
(a) Order and receive laboratory and ultrasound
results;
(b) Order and receive fetal surveillance testing and
results.
(c) Fit barrier methods of contraception, if qualified
to fit barrier methods of contraception.
(2) For mother and baby care practice standards the
agency and board adopt by reference the MANA core competencies, current version
as approved by MANA. Reference http://mana.org/manacore.html for current
version.
(3) In addition to and not in lieu of the MANA core
competencies, an LDM must adhere to the following mother and baby care practice
standards:
(a) Care During Pregnancy (Antepartum) - The LDM must:
(A) Provide health care, support and information to the
mother throughout pregnancy;
(B) Determine the need for consultation or referral as
appropriate;
(C) Provide a mechanism that ensures 24 hour coverage
for the practice;
(D) Assess, identify, evaluate and support maternal and
fetal well-being throughout the process of pregnancy;
(E) Thoroughly educate and counsel mother regarding the
childbearing cycle;
(F) Identify preexisting conditions in a woman’s health
history that are likely to influence her well-being when she becomes pregnant;
(G) Educate mother regarding nutritional requirements
of pregnant mother and provide methods of nutritional assessment and
counseling;
(H) Educate mother regarding changes in emotional,
psychosocial and sexual variations that may occur during pregnancy;
(I) Identify and educate mother regarding environmental
and occupational hazards for pregnant mother.
(J) Educate mother regarding genetic factors that may
indicate the need for counseling, testing or referral;
(K) Educate mother regarding the growth and development
of the unborn baby;
(L) Identify and educate mother regarding indications
for, risks and benefits of bio-technical screening methods and diagnostic tests
used during pregnancy;
(M) Educate mother regarding anatomy, physiology and
evaluation of the soft and bony structures of the pelvis;
(N) Exercise palpation skills for evaluation of the
fetus and uterus;
(O) Assess and educate mother regarding causes and
treatment of the common discomforts of pregnancy;
(P) Identify implications of and appropriate treatment
for various infections, disease conditions and other problems that may affect
pregnancy;
(Q) Identify and educate of special needs of the
Rh(D)-negative woman;
(R) Begin fetal surveillance testing no later than 41
weeks and three days by arranging one or more of the following:
(i) Biophysical profile weekly and non-stress test
bi-weekly;
(ii) Biophysical profile weekly and auscultated
acceleration testing bi-weekly;
(iii) Amniotic fluid index and non-stress test
bi-weekly; or
(iv) Amniotic fluid index and auscultated acceleration
testing bi-weekly.
(S) If the mother declines fetal surveillance testing listed
in subsection (R) of this rule, the LDM must document refusal, initialed by the
mother, and provide auscultated acceleration testing bi weekly beginning no
later than 41 weeks and three days until delivery.
(T) If the LDM is denied access to fetal surveillance
testing listed in subsection (R) of this rule, the LDM must document the place,
date, time, and name of individual who denied access in the mother’s records.
If access to fetal surveillance testing is denied, then the LDM must perform
auscultated acceleration testing bi weekly beginning no later than 41 weeks and
three days until delivery.
(U) When risk factors that could impair fetal or
placental circulation are present at any time during the pregnancy, an LDM must
obtain fetal surveillance testing when the risk factors are identified.
(V) If the mother declines fetal surveillance testing
or if the LDM is denied fetal surveillance testing, an LDM must follow board
approved practice standards for auscultated acceleration testing, including:
utilizing the auscultated acceleration testing graph; following the procedure
provided for the graph; and complying with interpretation requirements for the
graph. Graph, procedure and interpretation requirements are available on the
agency Web site at http://egov.oregon.gov/OHLA/DEM/forms.shtml.
(b) Care During Labor, Birth and Immediately Thereafter
(Intrapartum) — the LDM must:
(A) Provide health care, support and information to the
mother throughout labor, birth and the hours immediately thereafter;
(B) Determine the need for consultation or referral as
appropriate;
(C) Make appropriate and ongoing risk assessment and
document maternal and fetal status and response throughout labor;
(D) Evaluate maternal and fetal well-being during
labor, birth and immediately thereafter, including relevant historical data;
(E) For mothers and babies without signs of risk
factors, during the active phase of the first stage of labor, evaluate the
fetal heart rate at least every 30 to 60 minutes, listening toward the end of a
contraction and for at least 30 seconds after;
(F) For mothers and babies with risk factors,
auscultate fetal heart tones more frequently than every 30 to 60 minutes and
listen through contractions as indicated in the active stage of labor;
(G) Auscultate fetal heart tones approximately every 5
to 10 minutes or after every contraction, as indicated, with active pushing;
(H) Assess birthing environment, assuring that it is
clean, safe and supportive, and that appropriate equipment and supplies are on
hand;
(I) Assess emotional responses and their impact during
labor, birth and immediately thereafter;
(J) Provide comfort and support measures during labor,
birth and immediately thereafter;
(K) Evaluate fetal and maternal anatomy and their interactions
as relevant to assessing fetal position and the progress of labor;
(L) Utilize techniques to assist and support the
spontaneous vaginal birth of the baby and placenta;
(M) Assess and meet fluid and nutritional requirements
during labor, birth and immediately thereafter;
(N) Assess and support maternal rest and sleep as
appropriate during the process of labor, birth and immediately thereafter;
(O) Assess causes of, evaluate and treat variations
that occur during the course of labor, birth and immediately thereafter;
(P) Provide appropriate support for the newborn’s
transition during the first minutes and hours following birth;
(Q) Evaluate and care for perineum and surrounding
tissues; and
(R) Before the LDM leaves or the family is discharged, the
placenta must be delivered and the mother’s general condition, blood pressure,
pulse, temperature, fundus, lochia, and ability to ambulate and urinate must be
assessed. Mother’s and baby’s condition must be found to be within normal
limits.
(c) Care After Delivery (Postpartum Care) — The
LDM must:
(A) Provide health care, support and information to the
mother throughout the postpartum period;
(B) Determine the need for consultation or referral as
appropriate;
(C) Assess anatomy and physiology of the mother during
the postpartum period;
(D) Educate mother regarding lactation support and
appropriate breast care including evaluation of, identification of and
treatments for problems with nursing;
(E) Evaluate and promote maternal well-being;
(F) Assess causes of, evaluate and treat maternal
discomfort;
(G) Evaluate and educate emotional, psychosocial and
sexual variations;
(H) Monitor and educate mother regarding maternal
nutritional requirements during including methods of nutritional evaluation and
counseling;
(I) Assess causes of, evaluate and treat problems
arising during the postpartum period, consulting as necessary;
(J) Provide family with written and verbal postpartum
instructions; and
(K) Provide support, information and referral for family
planning methods, as the individual woman desires.
(d) Newborn Care — The LDM must:
(A) Provide health care to the newborn;
(B) Provide support and information to parents
regarding newborn care;
(C) Determine the need for consultation or referral as appropriate;
(D) Evaluate anatomy and physiology of newborn and
support of the newborn’s adjustment during the first days and weeks of life;
(E) Evaluate newborn wellness including relevant
historical data and gestational age;
(F) Assess and educate the mother regarding nutritional
needs of the newborn;
(G) Educate mother regarding state laws concerning
indications for, administration of, and the risks and benefits of prophylactic
bio-technical treatments and screening tests commonly used during the neonatal
period;
(H) Educate mother regarding causes of, assessment of,
appropriate treatment and emergency measures for newborn problems and
abnormalities;
(I) Adhere to state guidelines for the administration
of vitamin K and ophthalmic prophylaxis pursuant to ORS 433.306 and OAR
333-021-0800; and
(J) Ensure infant metabolic screening is performed and
documented according to the Department of Human Services recommendations unless
the mother declines, as provided ORS Chapter 432 and OAR 333-024-0205 through
0235.
(4) Declined Procedure: In the event the mother refuses
any testing or procedures required by administrative rule or recommended by the
LDM, the LDM must document discussion with the mother of why the test or
procedure is required or recommended, and document the mother’s refusal of the
test or procedures, including the mother’s signature in the chart. In addition,
the LDM must follow the requirements of ORS Chapter 432, 433.306, OAR
333-021-0800 and 333-024-0205 through 0235 when the mother declines
administration of vitamin K or infant metabolic screening.
Stat. Auth.: 676.605, 676.615,
687.480 & 687.485
Stats. Implemented: 676.605,
676.615, 687.480 & 687.485
Hist.: DEM 1-1993(Temp), f. &
cert. ef. 12-22-93; DEM 1-1994, f. & cert. ef. 6-15-94; DEM 2-1998, f.
4-14-98, cert. ef. 4-15-98; DEM 1-1999(Temp), f. 9-1-99, cert. ef. 9-9-99 thru
2-29-00; DEM 2-1999, f. 12-17-99, cert. ef. 12-20-99; DEM 2-2000(Temp), f.
8-22-00, cert. ef. 8-22-00 thru 2-17-00; DEM 2-2000(Temp), f. 8-22-00, cert.
ef. 8-22-00 thru 2-17-01; DEM 3-2000, f. 9-29-00, cert. ef. 10-1-00; DEM
1-2001(Temp), f. & cert. ef. 10-1-01 thru 3-29-02; Administrative
correction 11-7-01; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM 1-2004, f.
6-29-04, cert. ef. 7-1-04; DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11; DEM
1-2011(Temp), f. & cert. ef. 4-4-11 thru 9-27-11; DEM 5-2011, f. &
cert. ef. 9-26-11
332-025-0110
Records of Care Practice Standards
(1) The LDM must maintain complete and accurate records
of each mother and baby.
(2) Records mean written documentation, including but
not limited to:
(a) Midwifery care provided to mother and baby;
(b) Demographic information;
(c) Medical history;
(d) Diagnostic studies and laboratory findings;
(e) Emergency transport plan defined under OAR
332-025-0020;
(f) Informed consent and risk information documentation
under OAR 332-025-0120;
(g) Health Insurance Portability and Accountability Act
(HIPAA) releases;
(h) Description of the reasoning for transfer of care
defined under OAR 332-025-0021 of the mother and baby;
(i) Documentation of all consultations and
recommendations from health care providers as defined under OAR 332-015-0000;
(j) Documentation of all consultations and
recommendations regarding non-absolute risk factors from Oregon licensed health
care providers as defined under OAR 332-025-0021;
(k) Documentation of any declined procedures under OAR
332-025-0022;
(l) Documentation of termination of care under OAR
332-025-0130; and
(m) Documentation that the patient disclosure form has
been received by the mother under OAR 332-025-0020.
(3) Records must be maintained for no less than seven
years. All records are subject to review by the agency.
(4) All records must be legibly written or typed, dated
and signed.
(5) All records must include a signature or initial of
the LDM.
Stat. Auth.: ORS 487.485 &
676.615
Stats. Implemented: ORS 687.425,
687.480, 687.485, 676.606 & 676.607
Hist.: DEM 6-2010, f. 12-30-10,
cert. ef. 1-1-11; Renumbered from 332-025-0070 by DEM 5-2011, f. & cert.
ef. 9-26-11
332-025-0120
Informed Consent and Risk
Information Practice Standards
(1) Informed consent means the consent obtained
following a thorough and easily understood explanation of the information to
the mother or mother’s guardian.
(2) The explanation must be both verbal and written.
(3) An LDM must document the verbal explanation and the
written informed consent process in the client’s record. Informed consent
information must include the following:
(a) Definition of procedure or process;
(b) Benefits of procedure or process;
(c) Risk(s) of procedure or process;
(d) Description of adverse outcomes;
(e) Risk of adverse outcomes; and
(f) Alternative procedures or processes and any risk(s)
associated with them.
(4) An LDM must obtain mother’s dated signature
acknowledging she has received, reviewed, and understands the information, and
has made an informed choice.
(5) Beginning on January 1, 2012, each LDM must provide
risk information as published on the agency’s website www.Oregon.gov/OHLA, and
obtain informed consent for the following circumstances:
(a) Out-of-hospital birth;
(b) Vaginal birth after cesarean (VBAC);
(c) Breech;
(d) Multiple gestations; and
(e) Pregnancy exceeding 42 weeks gestation.
Stat. Auth.: ORS 487.485 &
676.615
Stats. Implemented: ORS 687.425,
687.480, 687.485, 676.606 & 676.607
Hist.: DEM 6-2010, f. 12-30-10,
cert. ef. 1-1-11; DEM 2-2011(Temp), f. & cert. ef. 5-19-11 thru 11-15-11;
Renumbered from 332-025-0080 by DEM 5-2011, f. & cert. ef. 9-26-11
332-025-0130
Practice Standards for Terminating
Midwifery Care
(1) The procedure for terminating midwifery care in a
non-emergent situation is as follows:
(a) Provide written notice no fewer than three business
days as postmarked, unless the mother is in labor or during an emergency, at
which time the LDM must continue to provide midwifery care until another
provider assumes care;
(b) Notice must be sent to the last known address of
the mother by certified mail, return receipt requested, as well as by regular
mail.
(c) Document the termination of care in the mother’s
records.
(2) To terminate midwifery care in an emergency, the
LDM must activate the 911 emergency system and transfer care to a licensee
under ORS chapter 682.
(3) An LDM in the home setting may leave after
transferring care to a licensee under ORS Chapter 682.
(4) If the mother refuses assistance from licensees
under ORS chapter 682 the LDM must continually urge the mother to transfer care
to a licensee under ORS Chapter 682 and may:
(a) Continue care to save a life; and
(b) Only perform actions within the technical ability
of the LDM.
(5) If the mother loses consciousness, the LDM must
activate the 911 emergency system and transfer care to a licensee under ORS
Chapter 682.
Stat. Auth.: ORS 487.485 &
676.615
Stats. Implemented: ORS 687.425,
687.480, 687.485, 676.606 & 676.607
Hist.: DEM 6-2010, f. 12-30-10,
cert. ef. 1-1-11; Renumbered from 332-025-0100 by DEM 5-2011, f. & cert.
ef. 9-26-11
332-026-0000
Access to and Administration of
Legend Drugs and Devices
Pursuant to ORS 687.493, an LDM who satisfactorily
completes the prescribed education outlined in OAR 332-015-0070 is authorized
access to and administration of specific legend drugs and devices listed in OAR
332-026-0010, 332-026-0020, 332-026-0030. The following requirements must be
adhered to:
(1) Licensees must comply with all local, state and
federal laws and regulations regarding the administration, distribution,
storage, transportation and disposal of approved legend drugs and devices
listed in OAR 332-026-0010, 332-026-0020, 332-026-0030.
(2) Approved legend drugs must be inventoried and
securely stored by the LDM at all times the product is not in use, including
samples or any remaining portion of a drug.
(3) Records regarding approved legend drugs and devices
must be maintained for a period of three years. Records must be kept on the
business premises and available for inspection upon request by the Oregon
Health Licensing Agency Enforcement Officers. Upon request by the board or
agency, an LDM must provide a copy of records. Records must include, but are
not limited, to the following:
(a) Name of drug, amount received, date of receipt, and
drug expiration date;
(b) Name of drug and to whom it was administered; date
and amount of drug administered to client;
(c) Name of drug, date and place or means of disposal.
(4) Expired, deteriorated or unused legend drugs must
be disposed of in a manner that protects the licensee, client and others who
may come into contact with the material during disposal.
Stat. Auth.: ORS 676.605, 676.615,
687.485, 687.493
Stats. Implemented: ORS 676.605,
676.615, 687.485, 687.493
Hist.: DEM 1-2001(Temp), f. &
cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM
1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 6-2010, f. 12-30-10, cert. ef.
1-1-11; Renumbered from 332-025-0030 by DEM 5-2011, f. & cert. ef. 9-26-11
332-026-0010
Approved Legend Drugs For Maternal
Use
Licensees may administer the following legend drugs as
approved by the board for maternal use:
(1) Anti-Hemorrhagics for use by intramuscular
injection includes:
(a) Synthetic Oxytocin (Pitocin, Syntocin and generic);
(b) Methylergonovine (Methergine);
(c) Ergonovine (Ergotrate); or
(2) Anti-Hemorrhagics by intravenous infusion is
limited to Synthetic Oxytocin (Pitocin, Syntocin, and generic).
(3) Anti-Hemorrhagics for oral administration is
limited to:
(a) Methylergonovine (Methergine);
(b) Misoprostol (Cytotec).
(4) Anti-Hemorrhagics for rectal administration is
limited to Misoprostol (Cytotec).
(5) Resuscitation is limited to medical oxygen and
intravenous fluid replacement.
(6) Intravenous fluid replacement includes:
(a) Lactated Ringers Solution;
(b) 0.9% Saline Solution;
(c) D5LR (5% Dextrose in Lactated Ringers); or
(d) D5W (5% Dextrose in water).
(7) Anaphylactic treatment by subcutaneous injection is
limited to Epinephrine.
(8) Local anesthetic includes:
(a) Lidocaine HCl (1% and 2%) (Xylocaine and generic);
(b) Topical anesthetic;
(c) Procaine HCl (Novocain, benzocaine, cetacane and
generic); and
(d) Sterile water papules.
(9) Rhesus Sensitivity Prophylaxis is limited to Rho(d)
Immune Globulin (RhoGAM, Gamulin Rh, Bay Rho-D and others).
(10) Tissue adhesive (Dermabond or generic).
Stat. Auth.: ORS 676.605, 676.615, 687.485 &
687.493
Stats. Implemented: ORS 676.605,
676.615, 687.485 & 687.493
Hist.: DEM 1-2001(Temp), f. &
cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM
1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 6-2010, f. 12-30-10, cert. ef.
1-1-11; DEM 1-2011(Temp), f. & cert. ef. 4-4-11 thru 9-27-11; Renumbered
from 332-025-0040 by DEM 5-2011, f. & cert. ef. 9-26-11
332-026-0020
Approved Legend Drugs For Neonatal
Use
Licensees may administer the following legend drugs as
approved by the board for neonatal use:
(1) Eye Prophylaxis for disease of the newborn is
limited to Erythromycin Ophthalmic (0.5%) Ointment (Ilotycin, AK-Mycin and
generics).
(2) Prophylaxis for hemorrhagic disease of the newborn
for oral use is limited to Mephyton.
(3) Prophylaxis for hemorrhagic disease of the newborn
for intramuscular injection includes:
(a) AquaMephyton; and
(b) Konakion.
(4) Resuscitation is limited to medical oxygen.
Stat. Auth.: ORS 676.605, 676.615,
687.485 & 687.493
Stats. Implemented: ORS 676.605,
676.615, 687.485 & 687.493
Hist.: DEM 1-2001(Temp), f. &
cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM
1-2004, f. 6-29-04, cert. ef. 7-1-04; DEM 6-2010, f. 12-30-10, cert. ef.
1-1-11; Renumbered from 332-025-0050 by DEM 5-2011, f. & cert. ef. 9-26-11
332-026-0030
Approved Devices
Licensees may use or provide as appropriate the
following devices as approved by the board:
(1) Devices for injection of medications including:
(a) Needles; and
(b) Syringes.
(2) Devices for administration of intravenous fluids
including:
(a) Drip sets; and
(b) Catheters.
(3) Devices for maternal and neonatal resuscitation
including:
(a) Suction devices;
(b) Oxygen-delivery devices; and
(c) Bag-Valve-Mask-Sets.
(4) Devices for rupturing the amniotic sac.
(5) Devices for repairing the perineal area including:
(a) Sutures;
(b) Instruments for completing a repair; and
(c) Local anesthetic administration devices.
(6) Barrier methods of contraception.
Stat. Auth.: ORS 183, 487.485
& 687.493
Stats. Implemented: ORS 183,
687.485 & 687.493
Hist.: DEM 1-2001(Temp), f. &
cert. ef. 10-1-01 thru 3-29-02; DEM 1-2002, f. 2-25-02 cert. ef. 3-1-02; DEM
6-2010, f. 12-30-10, cert. ef. 1-1-11; Renumbered from 332-025-0060 by DEM
5-2011, f. & cert. ef. 9-26-11
Rule
Caption: Amend to extend implementation
date of risk information packets.
Adm.
Order No.: DEM 6-2011(Temp)
Filed with Sec. of
State: 10-14-2011
Certified to be
Effective: 10-15-11 thru 4-11-12
Notice Publication
Date:
Rules Amended: 332-025-0120
Subject: Amend OAR 338-025-0080(5) to extend the implementation
date for risk information packets by requiring that each LDM provide risk
information as published on the agency’s website regarding out-of-hospital
birth, malpresentation birth (breech), multiple gestations (twins), vaginal
birth after cesarean (VBAC), and births exceeding 42 weeks gestation
(post-dates) beginning June 1, 2012.
Rules Coordinator: Samantha Patnode—(503) 373-1917
332-025-0120
Informed Consent and Risk
Information Practice Standards
(1) Informed consent means the consent obtained
following a thorough and easily understood explanation of the information to
the mother or mother’s guardian.
(2) The explanation must be both verbal and written.
(3) An LDM must document the verbal explanation and the
written informed consent process in the client’s record. Informed consent
information must include the following:
(a) Definition of procedure or process;
(b) Benefits of procedure or process;
(c) Risk(s) of procedure or process;
(d) Description of adverse outcomes;
(e) Risk of adverse outcomes; and
(f) Alternative procedures or processes and any risk(s)
associated with them.
(4) An LDM must obtain mother’s dated signature
acknowledging she has received, reviewed, and understands the information, and
has made an informed choice.
(5) Beginning on June 1, 2012, each LDM must provide
risk information as published on the agency’s website www.Oregon.gov/OHLA, and
obtain informed consent for the following circumstances:
(a) Out-of-hospital birth;
(b) Vaginal birth after cesarean (VBAC);
(c) Breech;
(d) Multiple gestations; and
(e) Pregnancy exceeding 42 weeks gestation.
Stat. Auth.: ORS 487.485 &
676.615
Stats. Implemented: ORS 687.425,
687.480, 687.485, 676.606 & 676.607
Hist.: DEM 6-2010, f. 12-30-10,
cert. ef. 1-1-11; DEM 2-2011(Temp), f. & cert. ef. 5-19-11 thru 11-15-11;
Renumbered from 332-025-0080 by DEM 5-2011, f. & cert. ef. 9-26-11; DEM
6-2011(Temp), f. 10-14-11, cert. ef. 10-15-11 thru 4-11-12
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |