2011 Montana Legislature
Additional Bill Links PDF (with line numbers)
SENATE BILL NO. 23
INTRODUCED BY A. BLEWETT
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A LICENSED DIRECT-ENTRY MIDWIFE TO INFORM A WOMAN WHETHER THE MIDWIFE HAS CURRENT MALPRACTICE OR PROFESSIONAL NEGLIGENCE INSURANCE COVERAGE PRIOR TO ACCEPTING THE WOMAN FOR CARE; AND AMENDING SECTION 37-27-311, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-27-311, MCA, is amended to read:
"37-27-311. Informed consent. (1) Prior to accepting a woman for care, a licensed direct-entry midwife shall first obtain written, informed consent from the woman.
(2) Informed consent must be evidenced by a written statement, in a form prescribed by the board and signed by the direct-entry midwife and the woman to whom care is to be given, in which the direct-entry midwife certifies that full disclosure has been made and acknowledged by the woman on the following:
(a) the direct-entry midwife's educational background;
(b) the nature and scope of the care to be given, including the possibility of and procedure for transport of the patient to a hospital;
(c) the available alternatives to direct-entry midwifery care;
(d) a description of the risks of home birth, primarily those conditions that may arise during delivery;
(e) the fact that the patient has been advised to consult with a physician at least twice during the pregnancy;
(f) whether the midwifery services provided are located more than 50 miles from the nearest hospital; and
(g) whether the direct-entry midwife has current malpractice or professional negligence insurance coverage; and
(g)(h) that a health care provider's liability in rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is limited to damages caused by gross negligence or by willful or wanton acts or omissions."
- END -
Latest Version of SB 23 (SB0023.01)
Processed for the Web on November 29, 2010 (11:09am)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2011 Legislature | Leg. Branch Home
All versions of all bills (PDF format)
Authorized print version of this bill w/line numbers (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services