1. (1) Pursuant to ORS 687.415 an individual who is acting as a traditional midwife, does not use legend drugs and devices, does not advertise as a midwife, and provides the required written disclosures to clients, may practice direct entry midwifery in this state without a license to practice direct entry midwifery.

2. (2) Pursuant to ORS 687.415 a traditional midwife is prohibited from the following:

   1. (a) Advertising that the person is a midwife; and
   2. (b) Use of legend drugs and devices pursuant to ORS 687.493.

3. (3) A traditional midwife must disclose the following information to clients both verbally and in writing when the mother initially comes into care using a Board adopted form that is located on the Office’s website at http://www.oregon.gov/OHLA/DEM/pages/index.aspx:

   1. (a) That the person does not possess a professional license issued by the state;
   2. (b) That the person’s education and qualification have not been reviewed by the state;
   3. (c) That the person is not authorized to carry and administer potentially lifesaving medications;
   4. (d) That the risk of harm or death to a mother or newborn may increase as a result of the information described ORS 687.415(2)(b)(C) (i) and (ii);
   5. (e) A plan for transporting the client to the nearest hospital, as defined in ORS 442.015, if a problem arises during labor or childbirth;
   6. (f) That the client will not have recourse through a complaint process;
   7. (g) The types of midwives who are licensed by the state; and
   8. (h) Signature from the patient that they have been given the information both in writing and verbally.
4. (4) The traditional midwife must also obtain a patient signature when the mother initially comes into care on the Board’s adopted form containing the information described in subsection (3). A traditional midwife must retain a copy of the signed form in the patient record and make it available to HLO upon request.

Statutory/Other Authority

ORS 676.615, 676.616, 687.410, 687.415, 687.420, 687.425, 687.445, 687.480 & 687.493

Statutes/Other Implemented

ORS 676.615, 676.616, 687.410, 687.145, 687.420, 687.425, 687.445, 687.480 & 687.493

History

DEM 2-2014, f. 12-31-14, cert. ef. 1-1-15