OAR 332-025-0125: Disclosure for Patients of Traditional Midwives

(1) Pursuant to ORS 687.415 an individual who is acting as a traditional midwife, does not use legend drugs and devices, does not advertise as a midwife, and provides the required written disclosures to clients, may practice direct entry midwifery in this state without a license to practice direct entry midwifery. (2) Pursuant to ORS 687.415 a traditional midwife is prohibited from the following: (a) Advertising that the person is a midwife; and (b) Use of legend drugs and devices pursuant to ORS 687.493. (3) A traditional midwife must disclose the following information to clients both verbally and in writing when the mother initially comes into care using a Board adopted form that is located on the Office’s website at http://www.oregon.gov/OHLA/DEM/pages/index.aspx: (a) That the person does not possess a professional license issued by the state; (b) That the person’s education and qualification have not been reviewed by the state; (c) That the person is not authorized to carry and administer potentially lifesaving medications; (d) That the risk of harm or death to a mother or newborn may increase as a result of the information described ORS 687.415(2)(b)(C) (i) and (ii); (e) A plan for transporting the client to the nearest hospital, as defined in ORS 442.015, if a problem arises during labor or childbirth; (f) That the client will not have recourse through a complaint process; (g) The types of midwives who are licensed by the state; and (h) Signature from the patient that they have been given the information both in writing and verbally. (4) The traditional midwife must also obtain a patient signature when the mother initially comes into care on the Board’s adopted form containing the information described in subsection (3). A traditional midwife must retain a copy of the signed form in the patient record and make it available to HLO upon request.