SB 1440: Licensed Midwifery Practice Act of 1993: complaints.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-23
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. The act authorizes the board to suspend, revoke, or place on probation the license of a midwife for, among other things, unprofessional conduct, procuring a license by fraud or misrepresentation, or procuring, aiding, or abetting a criminal abortion. The act requires a complaint that is determined to involve the quality of care to meet a specified criteria before the complaint is referred to a field office for further investigation. In this regard, a complaint involving the quality of care must include the review of relevant client records, a statement or explanation of the care and treatment provided by the licensed midwife, any additional expert testimony or literature provided by the licensed midwife, and any additional facts or information requested by the medical expert reviewers.
This bill, if the board does not receive the information required for a complaint involving the quality of care within 10 business days, would authorize the complaint to be reviewed by medical experts and referred to a field office for investigation without the information. The bill would also specify that these provisions do not impede the boards ability to seek and obtain an interim suspension order or other emergency relief.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. The act authorizes the board to suspend, revoke, or place on probation the license of a midwife for, among other things, unprofessional conduct, procuring a license by fraud or misrepresentation, or procuring, aiding, or abetting a criminal abortion. The act requires a complaint that is determined to involve the quality of care to meet a specified criteria before the complaint is referred to a field office for further investigation. In this regard, a complaint involving the quality of care must include the review of relevant client records, a statement or explanation of the care and treatment provided by the licensed midwife, any additional expert testimony or literature provided by the licensed midwife, and any additional facts or information requested by the medical expert reviewers.
This bill, if the board does not receive the information required for a complaint involving the quality of care within 10 business days, would authorize the complaint to be reviewed by medical experts and referred to a field office for investigation without the information. The bill would also specify that these provisions do not impede the boards ability to seek and obtain an interim suspension order or other emergency relief.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. The act authorizes the board to suspend, revoke, or place on probation the license of a midwife for, among other things, unprofessional conduct, procuring a license by fraud or misrepresentation, or procuring, aiding, or abetting a criminal abortion. The act requires a complaint that is determined to involve the quality of care to meet a specified criteria before the complaint is referred to a field office for further investigation. In this regard, a complaint involving the quality of care must include the review of relevant client records, a statement or explanation of the care and treatment provided by the licensed midwife, any additional expert testimony or literature provided by the licensed midwife, and any additional facts or information requested by the medical expert reviewers.
This bill, if the board does not receive the information required for a complaint involving the quality of care within 10 business days, would authorize the complaint to be reviewed by medical experts and referred to a field office for investigation without the information. The bill would also specify that these provisions do not impede the boards ability to seek and obtain an interim suspension order or other emergency relief.
(a)Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following criteria:
(1)It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise in midwifery to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required.
(2)It shall include the review of all of the following, which shall be requested by the board:
(A)Relevant client records.
(B)The statement or explanation of the care and treatment provided by the licensed midwife.
(C)Any additional expert testimony or literature provided by the licensed midwife.
(D)Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the midwifery standards of care.
(b)If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 business days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information.
(c)Nothing in this section shall impede the boards ability to seek and obtain an interim suspension order or other emergency relief.
(a)Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following criteria:
(1)It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise in midwifery to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required.
(2)It shall include the review of all of the following, which shall be requested by the board:
(A)Relevant client records.
(B)The statement or explanation of the care and treatment provided by the licensed midwife.
(C)Any additional expert testimony or literature provided by the licensed midwife.
(D)Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the midwifery standards of care.
(b)If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 business days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information.
(c)Nothing in this section shall impede the boards ability to seek and obtain an interim suspension order or other emergency relief.
(a)Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following criteria:
(a)(1)It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise in midwifery to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required.
(b)(2)It shall include the review of all of the following, which shall be requested by the board:
(1)(A)Relevant client records.
(2)(B)The statement or explanation of the care and treatment provided by the licensed midwife.
(3)(C)Any additional expert testimony or literature provided by the licensed midwife.
(4)(D)Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the midwifery standards of care.
(b)If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 business days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information.
(c)Nothing in this section shall impede the boards ability to seek and obtain an interim suspension order or other emergency relief.
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Date
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Status
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| Sep 23, 2022 | Chaptered by Secretary of State. Chapter 510, Statutes of 2022. |
| Sep 23, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 31, 2022 | In Senate. Ordered to engrossing and enrolling. |
| Aug 31, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 11, 2022 | From consent calendar on motion of Assembly Member Reyes. |
| Aug 11, 2022 | Read second time. Ordered to consent calendar. |
| Aug 10, 2022 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 10). |
| Aug 3, 2022 | August 3 hearing postponed by committee. |
| Jun 28, 2022 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 17. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| May 12, 2022 | Referred to Com. on B. & P. |
| May 9, 2022 | In Assembly. Read first time. Held at Desk. |
| May 9, 2022 | Read third time. Passed. (Ayes 33. Noes 0. Page 3648.) Ordered to the Assembly. |
| May 3, 2022 | Read second time. Ordered to consent calendar. |
| May 2, 2022 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 22, 2022 | Set for hearing May 2. |
| Apr 18, 2022 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3413.) (April 18). Re-referred to Com. on APPR. |
| Mar 16, 2022 | Set for hearing April 18. |
| Mar 9, 2022 | Referred to Com. on B., P. & E.D. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Aug 31, 2022 | SB 1440 Roth Senate Third Reading By Berman | Assembly Floor |
Passed |
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| May 9, 2022 | Consent Calendar SB1440 | Senate Floor |
Passed |
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Bill Author
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