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Laws & Rules for Midwifery
Authorizing Statutes & Rules
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Regulations governing direct entry midwifery in Oregon are contained in Oregon Revised Statutes (ORS) 687.405-495 and 687.895, 991.
 
Oregon Administrative Rules (OAR) for direct entry midwifery are contained in Chapter 332, Divisions 015-030.
 
Oregon Health Licensing Agency (OHLA) statutes and rules governing administrative, procedural, licensing and regulatory compliance requirements for all OHLA-regulated professions are found in ORS 676.605-625 and 676.990-992 and OAR 331, Divisions 001-030.

Temporary Administrative Rule, Risk Information - October 15, 2011
The Oregon Health Licensing Agency filed temporary administrative rules with the Secretary of State Office on Octoner 15, 2011, to extend the implementation date to June 1, 2012, which will require each licensed direct entry midwife provide risk information to clients, as published on the agency’s website, regarding out-of-hospital birth, malpresentation birth (breech), multiple gestations (twins), vaginal birth after cesarean (VBAC), and births exceeding 42 weeks gestation (post-dates.) 
 
Temporary administrative rules will expire on April 11, 2012. 
 
Certificate & Order for Filing Temporary Administrative Rules 
 
Statement of Need and Justification
 
Temporary Administrative Rule Text

Temporary Administrative Rule, Original License Fee Discount - January 1, 2012
The Oregon Health Licensing Agency (OHLA) filed a temporary administrative rule with the Secretary of State Office on December 20, 2011 to offer a license discount to qualified applicants. The OHLA will give an $1,800 licensure fee discount to first time fully qualified Direct Entry Midwife licensure applicants residing in Oregon beginning January 1, 2012. The discount will be offered as long as funding remains available and to only those qualified applicants who have never held licensure in Oregon. Applicants must meet all qualifications in accordance with OAR 332-015-0030.

 
The temporary administrative rule will expire on June 29, 2012.
 
Certificate & Order for Filing Temporary Administrative Rules
 
 
Statement of Need and Justification
 
 
Temporary Administrative Rule Text
 
 

State Statutes
Direct Entry Midwifery ORS 687.405-495 and 687.895, 991 (Scroll down to find the related section.)
 
OHLA ORS 676.605-625 and 676.990-992 (Scroll down to find the related section.)

Administrative Rules
Direct Entry Midwifery OAR Chapter 332, Divisions 015-040 (effective 10-15-2011)
Click on Administrative Rules - by OAR Chapter Division then click 332, scroll down to find the related section 015-040.
 
The above rules link directly to the Secretary of State and may not reflect recently adopted rules.  OHLA offers the most recently adopted rules in PDF file format below.
 
Board of Direct Entry Midwifery OAR Chapter 332, Division 15-40 (10/15/2011 PDF Version)  
 
Oregon Health Licensing Agency (OHLA)  OAR Chapter 331, Divisions 001-030 (effective 3-01-2011) 
 
Certificate and Order for Filing Permanent Administratrive Rules - As of 9/26/11 (except fees moved to Division 40)
 
Marked-up Copy of Permanent Administrative Rules - As of 9/26/11 (except fees moved to Division 40)
 
Certificate and Order for Filing Permanent Administratrive Rules Fees - As of 9/26/11
 
Marked-up Copy of Permanent Administrative Rules Fees - As of 9/26/11
 

Practice Standard for Auscultated Acceleration Test
The Board of Direct Entry Midwifery reviewed administrative rules pertaining to post date protocols and considered related public comment. New administrative rules were drafted to reflect a standardized Practice Standard for Auscultated Acceleration Test to ensure the most accuate results for the mother and baby.  All licensed direct entry midwives must adhere the Practice Standard for Auscultated Acceleration Testing.
 
According to OAR 332-025-0022(3)(a) during antepartum care the LDM must:
 
(R) Begin fetal surveillance testing no later than 41 weeks and three days by arranging one or more of the following:
 
(i) Biophysical profile weekly and non-stress test bi-weekly;
 
(ii) Biophysical profile weekly and auscultated acceleration testing bi-weekly;
 
(iii) Amniotic fluid index and non-stress test bi-weekly; or
 
(iv) Amniotic fluid index and auscultated acceleration testing bi-weekly.
 
(S) If the mother declines fetal surveillance testing listed in subsection (R) of this rule, the LDM must document refusal, initialed by the mother, and provide auscultated acceleration testing bi weekly beginning no later than 41 weeks and three days until delivery.
 
(T) If the LDM is denied access to fetal surveillance testing listed in subsection (R) of this rule, the LDM must document the place, date, time, and name of individual who denied access in the mother’s records. If access to fetal surveillance testing is denied, then the LDM must perform auscultated acceleration testing bi weekly beginning no later than 41 weeks and three days until delivery.
 
(U) When risk factors that could impair fetal or placental circulation are present at any time during the pregnancy, an LDM must obtain fetal surveillance testing when the risk factors are identified.   
 
(V) If the mother declines fetal surveillance testing or if the LDM is denied fetal surveillance testing, an LDM must follow board approved practice standards for auscultated acceleration testing, including: utilizing the auscultated acceleration testing graph; following the procedure provided for the graph; and complying with interpretation requirements for the graph.  Graph, procedure and interpretation requirements are available on the agency Web site at http://egov.oregon.gov/OHLA/DEM/forms.shtml.
 
Practice Standard Auscultated Acceleration Testing 
 
Auscultated Acceleration Test Graph
 
Auscultated Acceleration Graph Example of Reactive and Nonreactive 
 
Source: Paine, et al. (2001) Journal of Midwifery and Women’s Health - for Auscultated Acceleration Testing 

More Information
For more information
Click here to learn more about Oregon laws and rules.

Page updated: December 27, 2011