Oregon State Archives

Oregon Bulletin

October 1, 2012

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

Rule Caption: Amend informed consent practice standards.

Adm. Order No.: DEM 5-2012

Filed with Sec. of State: 8-31-2012

Certified to be Effective: 9-7-12

Notice Publication Date: 10-1-2010, 6-1-12

Rules Amended: 332-025-0120

Rules Repealed: 332-025-0120(T)

Subject: Amend OAR 338-025-0120 to remove subsection (5) related to providing risk information to clients for special circumstance births. The Oregon Health Licensing Agency was unable to gain consensus from interested parties regarding the type of information which should be disseminated within the risk information.

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

332-025-0120

Informed Consent 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 if the alternative procedures or processes are within the practice of midwifery.

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

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; DEM 5-2012, f. 8-31-12, cert. ef. 9-7-12