1. (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:

   1. (a) represent or hold out that the individual is a licensed direct-entry midwife;
   2. (b) administer a prescription medication, except oxygen, in the practice of direct-entry midwifery;

   3. (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:

      1. (i) a description of the individual's midwifery education, training, continuing education, and experience;
      2. (ii) a statement that the individual is not licensed by the state as a direct-entry midwife;
      3. (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;
      4. (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;
      5. (v) the name and signature of the individual;
      6. (vi) the name and signature of the client;
      7. (vii) the date the individual signed the statement; and
      8. (viii) the date the client signed the statement; or
   4. (d) fail to retain for at least 4 years a signed statement from a client described by Subsection (1)(c).

2. (2)

   1. (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.
   2. (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