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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."
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Latest Version of SB 23 (SB0023.01)
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