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Oregon Bulletin

June 1, 2012

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

Rule Caption: Revise requirements related to risk information which is must be provided by licensed direct entry midwives to clients.

Adm. Order No.: DEM 3-2012(Temp)

Filed with Sec. of State: 5-10-2012

Certified to be Effective: 5-10-12 thru 9-30-12

Notice Publication Date:

Rules Amended: 332-025-0120

Rules Suspended: 332-025-0120(T)

Subject: Suspend current temporary rule regarding implementation of risk information packets.

 Amend permanent rule temporarily (OAR 332-025-0120) to remove specific date in which a licensed direct entry midwife (LDM) must provide risk information to client and broaden the types of care for which the LDM must provide risk information to include all planned out-of-hospital births. Require that LDMs provide evidence-based risk information and obtain informed consent from each client for all out-of-hospital births and for each non-absolute risk factor, as soon as it is revealed, discovered, or suspected.

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

332-025-0120

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) Upon filing of this rule an LDM must provide written and verbal risk information and obtain informed consent for all out-of-hospital births.

(6) In addition to the requirements of subsection (5) of this rule, an LDM must also:

(a) Provide written and verbal risk information and obtain informed consent for all planned out-of-hospital births that include any of the non-absolute risk factors listed under OAR 332-025-0021(5);

(b) Provide written and verbal the risk information and obtain informed consent for an out-of hospital birth for each of the non-absolute risk factors that is present; and

(c) Provide the risk information and obtain informed consent for an out-of-hospital birth for each non-absolute risk factor present immediately once the non-absolute risk factor is discovered, disclosed, or suspected.

(7) If an absolute risk is discovered LDM must follow the requirements of OAR 332-025-0021 related to absolute risk.

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; DEM 3-2012(Temp), f. & cert. ef. 5-10-12 thru 9-30-12

Notes
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.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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