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11440.985 Informed consent. A licensed midwife shall, at an initial
12consultation with a client, provide a copy of the rules promulgated by the department
13under this subchapter and disclose to the client in writing all of the following:
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14(1) The licensed midwife's experience and training.
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15(2) Whether the licensed midwife has malpractice liability insurance coverage
16and the policy limits of any such coverage.
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17(3) A protocol for medical emergencies, including transportation to a hospital,
18particular to each client.
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19(4) Any other information required by department rule.
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20440.986 Disciplinary proceedings and actions. (1) Subject to the rules
21promulgated under s. 440.03 (1), the department may conduct investigations and
22hearings to determine whether a violation of this subchapter or any rule
23promulgated under this subchapter has occurred.
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24(2) Subject to the rules promulgated under s. 440.03 (1), the department may
25reprimand a licensed midwife or deny, limit, suspend, or revoke a license granted
1under this subchapter if the department finds that the applicant or the licensed
2midwife has done any of the following:
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(a) Intentionally made a material misstatement in an application for a license
4or for renewal of a license.
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(b) Subject to ss. 111.321, 111.322, and 111.34, practiced midwifery while his
6or her ability to engage in the practice was impaired by alcohol or other drugs.
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(c) Advertised in a manner that is false or misleading.
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(d) In the course of the practice of midwifery, made a substantial
9misrepresentation that was relied upon by a client.
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(e) In the course of the practice of midwifery, engaged in conduct that evidences
11an inability to apply the principles or skills of midwifery.
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(f) Obtained or attempted to obtain compensation through fraud or deceit.
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(g) Allowed another person to use a license granted under this subchapter.
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(h) Violated any law of this state or federal law that substantially relates to the
15practice of midwifery, violated this subchapter, or violated any rule promulgated
16under this subchapter.
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17(3) Subject to the rules promulgated under s. 440.03 (1), the department shall
18revoke a license granted under this subchapter if the licensed midwife is convicted
19of any of the offenses specified in 440.982 (2).
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20440.987 Advisory committee. If the department appoints an advisory
21committee under s. 440.042 to advise the department on matters relating to the
22regulation of licensed midwives, the committee shall consist of only the following:
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23(1) Two members who are licensed midwives.
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24(2) One member who is licensed as a nurse-midwife under s. 441.15 and who
25practices in an out-of-hospital setting.
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1(3) One member who is a physician specializing in obstetrics and gynecology.
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2(4) One public member who has received midwifery care in an out-of-hospital
3setting.
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4440.988 Vicarious liability. No health care provider shall be liable for an
5injury resulting from an act or omission by a licensed midwife, even if the health care
6provider has consulted with or accepted a referral from the licensed midwife.
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7Section
3. 441.15 (2) (intro.) of the statutes is amended to read:
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441.15
(2) (intro.)
No Except as provided in sub. (2m), no person may engage
9in the practice of nurse-midwifery unless each of the following conditions is satisfied:
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10Section
4. 441.15 (2m) of the statutes is created to read:
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441.15
(2m) Subsection (2) does not apply to a person granted a license to
12practice midwifery under subch. XI of ch. 440.
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13Section
5. 448.03 (2) (a) of the statutes is amended to read:
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448.03
(2) (a) Any person lawfully practicing within the scope of a license,
15permit, registration, certificate or certification granted
to practice midwifery under
16subch. XI of ch. 440, to practice professional or practical nursing or nurse-midwifery
17under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental
18hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture
19under ch. 451 or under any other statutory provision, or as otherwise provided by
20statute.
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(1) Notwithstanding section 440.987 (1) of the statutes, as created by this act,
23an initial member of an advisory committee appointed under section 440.987 (1) of
24the statutes is not required to be a licensed midwife under section 440.982 of the
25statutes, as created by this act, if the appointment occurs before the first day of the
113th month beginning after publication and at the time of the appointment the
2individual holds a valid certified professional midwife credential granted by the
3North American Registry of Midwives or a successor organization.
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4Section
7.
Effective dates. This act takes effect on the first day of the 13th
5month beginning after publication, except as follows:
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(1)
The treatment of section 440.987 of the statutes and
Section 6 of this act
7take effect on the day after publication.