Current through the 2024 Fourth Special Session
Section 58-77-501 - Unlawful conduct(1) In addition to the conduct that constitutes unlawful conduct under Subsection 58-1-501(1), it is unlawful conduct for an individual who is not licensed under this chapter to: (a) represent or hold out that the individual is a licensed direct-entry midwife;(b) administer a prescription medication, except oxygen, in the practice of direct-entry midwifery;(c) before engaging in the practice of midwifery with a client, fail to obtain from the client an informed consent statement that includes the following:(i) a description of the individual's midwifery education, training, continuing education, and experience;(ii) a statement that the individual is not licensed by the state as a direct-entry midwife;(iii) a statement that it is unlawful for the individual to administer to the client a prescription medication, except oxygen, in the practice of direct-entry midwifery;(iv) a written plan to address medical issues the client may experience during pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed health care provider or facility, if necessary;(v) the name and signature of the individual;(vi) the name and signature of the client;(vii) the date the individual signed the statement; and(viii) the date the client signed the statement; or(d) fail to retain for at least 4 years a signed statement from a client described by Subsection (1)(c).(2)(a) Except for conduct that constitutes unlawful conduct under Subsection (1), it is lawful to practice direct-entry midwifery in the state without being licensed under this chapter.(b) The practice of direct-entry midwifery is not considered the practice of medicine, nursing, or nurse-midwifery.Amended by Chapter 107, 2016 General Session ,§ 1, eff. 5/10/2016.Enacted by Chapter 299, 2005 General Session