Oregon Bulletin

April 1, 2012

Oregon Health Licensing Agency, Board of Direct Entry Midwifery, Chapter 332

Rule Caption: Extend implementation date of risk information packets to July 1, 2012.

Adm. Order No.: DEM 1-2012(Temp)

Filed with Sec. of State: 3-1-2012

Certified to be Effective: 4-12-12 thru 9-30-12

Notice Publication Date:

Rules Amended: 332-025-0120

Subject: Amend OAR 338-025-0120 to extend the implementation date for risk information packets to be given to clients by licensed direct entry midwives (LDM). Beginning on July 1, 2012 an LDM must provide risk information regarding out-of-hospital birth, malpresentation birth (breech), multiple gestations (twins), vaginal birth after cesarean (VBAC), and births exceeding 42 weeks gestation (post-dates) to clients, as prescribed by the Oregon Health Licensing Agency (Agency) and published on the Agency Website.

Rules Coordinator: Samantha Patnode—(503) 373-1917


Informed Consent and Risk Information Practice Standards

(1) Informed consent means the consent obtained following a thorough and easily understood explanation of the information to the mother or mother’s guardian.

(2) The explanation must be both verbal and written.

(3) An LDM must document the verbal explanation and the written informed consent process in the client’s record. Informed consent information must include the following:

(a) Definition of procedure or process;

(b) Benefits of procedure or process;

(c) Risk(s) of procedure or process;

(d) Description of adverse outcomes;

(e) Risk of adverse outcomes; and

(f) Alternative procedures or processes and any risk(s) associated with them.

(4) An LDM must obtain mother’s dated signature acknowledging she has received, reviewed, and understands the information, and has made an informed choice.

(5) Beginning on July 1, 2012, each LDM must provide risk information as published on the agency’s website www.Oregon.gov/OHLA, and obtain informed consent for the following circumstances:

(a) Out-of-hospital birth;

(b) Vaginal birth after cesarean (VBAC);

(c) Breech;

(d) Multiple gestations; and

(e) Pregnancy exceeding 42 weeks gestation.

Stat. Auth.: ORS 487.485 & 676.615
Stats. Implemented: ORS 687.425, 687.480, 687.485, 676.606 & 676.607
Hist.: DEM 6-2010, f. 12-30-10, cert. ef. 1-1-11; DEM 2-2011(Temp), f. & cert. ef. 5-19-11 thru 11-15-11; Renumbered from 332-025-0080 by DEM 5-2011, f. & cert. ef. 9-26-11; DEM 6-2011(Temp), f. 10-14-11, cert. ef. 10-15-11 thru 4-11-12; DEM 1-2012(Temp), f. 3-1-12, cert. ef. 4-12-12 thru 9-30-12


Rule Caption: Lower License fees to $1,200 and provide a $1,200 discount for first time qualified Midwifery applicants seeking licensure.

Adm. Order No.: DEM 2-2012(Temp)

Filed with Sec. of State: 3-9-2012

Certified to be Effective: 3-9-12 thru 9-5-12

Notice Publication Date:

Rules Amended: 332-040-0000

Subject: The Oregon Health Licensing Agency (OHLA), Board of Direct Entry Midwifery is lowering original license and licensure renewal fees from $1,800 per year to $1,200 per year per Legislative direction and ratification through Senate Bill 1579 of the 2012 Legislative Session. The OHLA will give a $1,200 licensure fee discount for first time fully qualified Direct Entry Midwife licensure applicants residing in Oregon. Applicants must meet all qualifications in accordance with OAR 332-015-0030.

 Application Fee: $150. License Fee: $1,200. Discount: $1,200. Cost to first time applicants: $1,350 - $1,200 = $150.

Rules Coordinator: Samantha Patnode—(503) 373-1917



(1) An applicant and licensee are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding payment of fees, penalties and charges.

(2) Fees established by the Oregon Health Licensing Agency pursuant to ORS 676.607 are as follows:

(a) Application:

(A) License: $150.

(B) License by reciprocity: $750.

(b) Examination — Oregon laws & rules: $50.

(c) Original issuance of license (including by reciprocity): $1,200 for one year.

(d) Renewal — License: $1,200 for one year;

(e) Reactivation of license: $150.

(f) Other administrative fees:

(A) Delinquency fee: $50 for each year in expired status up to three years.

(B) Replacement of license, including name change: $25.

(C) Duplicate license document: $25 per copy, with a maximum of three.

(D) Affidavit of licensure for reciprocity: $50.

(E) An additional $25 administrative processing fee will be assessed if a non-sufficient funds or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010.

(3) Applicants for original issuance of direct entry midwifery license may be granted a $1,200 original license fee discount, upon application for licensure. The license fee discount is available to individuals who meet all application requirements for direct entry midwifery licensure under OAR 332-015-0030 and reside in Oregon. Only applicants who have not held a direct entry midwifery license in Oregon qualify for the discount.

Stat. Auth.: ORS 676.607, 676.615 & 687.435
Stats. Implemented: ORS 676.607 & 687.435
Hist.: DEM 4-2011, f. & cert. ef. 9-26-11; DEM 7-2011, f. 12-20-11, cert. ef. 1-1-12; DEM 2-2012(Temp), f. & cert. ef. 3-9-12 thru 9-5-12

1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

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