Legislature(2003 - 2004)

02/10/2003 03:15 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB  71-EXTEND BOARD OF MIDWIVES                                                                                               
                                                                                                                                
CHAIR  ANDERSON  announced the  first  order  of business  was  a                                                               
hearing on HOUSE  BILL NO. 71, "An Act  extending the termination                                                               
date of the Board of Certified Direct-Entry Midwives."                                                                          
Number 0077                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BRUCE  WEYHRAUCH,   Alaska  State   Legislature,                                                               
speaking as chair of the  House State Affairs Standing Committee,                                                               
sponsor of  HB 71, explained  that this legislation  that extends                                                               
the  Board of  Certified Direct-Entry  Midwives through  June 30,                                                               
2007.   He said the continuation  of this board was  handled in a                                                               
stand-alone   bill  because   the  profession   is  significantly                                                               
different  from other  health professions.   The  fiscal note  is                                                               
zero.    Fees from  midwife  licensing  cover the  administrative                                                               
costs of the board.                                                                                                             
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  explained his personal  experience with                                                               
the midwife  profession.   His three children  were born  at home                                                               
with  the assistance  of  midwives.   Representative  Weyhrauch's                                                               
wife  selected  this  birthing   option  after  researching  what                                                               
midwives offer.   Each time, the midwife  carefully examined Mrs.                                                               
Weyhrauch, monitored  her pregnancy, and evaluated  her for risks                                                               
such as twins  and Caesarian section birth.   Both the Weyhrauchs                                                               
took  prenatal classes  from  the midwife  and  the hospital  and                                                               
developed contingency plans for  emergencies.  He described these                                                               
services, when conservatively  handled, as a great  asset both in                                                               
rural  and urban  Alaska.   The board  gives the  state oversight                                                               
over who's practicing when, where, and how.                                                                                     
                                                                                                                                
Number 0445                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD noted  that  two of  his three  children                                                               
were born with  the assistance of midwives, and  he supports this                                                               
profession.  He  asked whether midwives would  rather be separate                                                               
from related  professionals and bear all  the administrative cost                                                               
themselves or  be combined  with another board  in order  to keep                                                               
the cost of their licenses lower.                                                                                               
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  suggested that a member  of the midwife                                                               
board could better answer that question.                                                                                        
                                                                                                                                
Number 0575                                                                                                                     
                                                                                                                                
PAT  DAVIDSON,  Legislative   Auditor,  Division  of  Legislative                                                               
Audit,  Alaska State  Legislature  responded to  a question  from                                                               
Representative  Guttenberg about  the  legislative  audit of  the                                                               
Board  of Certified  Direct-Entry Midwives.   The  audit [Control                                                               
No.  08-20016-02]  recommended  a   four-year  extension  of  the                                                               
board's termination date.   In a similar sunset  audit four years                                                               
ago,  the  agency  was  concerned  that  the  high  cost  of  the                                                               
licensing  fee  was  presenting  a  barrier  to  entry  into  the                                                               
profession.   In  this audit,  staff found  that those  fees have                                                               
dropped, but  the board  is collecting  sufficient fees  to cover                                                               
their expenses.  This audit  did not examine whether the midwives                                                               
should consider joining  another board.  In answer  to a question                                                               
from Representative Crawford, she noted  that the biennial fee is                                                               
currently $950,  down from $1,550  two years ago.   Ms. Davidson,                                                               
in response to  a comment by Representative  Rokeberg, noted that                                                               
the  Board of  Certified Direct-Entry  Midwives received  a clean                                                               
audit.                                                                                                                          
                                                                                                                                
Number 0675                                                                                                                     
                                                                                                                                
KAYE KANNE, President, Midwives  Association of Alaska; Executive                                                               
Director, Juneau Family  Birth Center, told members  that she has                                                               
practiced as a midwife in Juneau  for 19 years.  She testified in                                                               
support in HB  71.  She said the Board  of Certified Direct-Entry                                                               
Midwives  board  has  done  an   excellent  job  of  writing  and                                                               
implementing regulations.   She  noted that she  was a  member of                                                               
the board  from its inception  in 1992  through 1999 and  was its                                                               
chair  for four  of  those years.   The  board  strives for  high                                                               
standards for  CDMs [certified direct-entry  midwives], and  as a                                                               
result, she testified, midwives  in Alaska are professional, well                                                               
trained,  and   provide  safe,  excellent  care   for  women  and                                                               
families.                                                                                                                       
                                                                                                                                
MS. KANNE referred  to data from the Office  of Vital Statistics,                                                               
Division  of  Public  Health, Department  of  Health  and  Social                                                               
Services,  on the  percentage  of births  in  Alaska attended  by                                                               
certified direct-entry midwives.   She said they delivered almost                                                               
10  percent  of  the  babies  born in  Alaska  last  year.    The                                                               
percentage  is  even higher  in  some  parts  of the  state,  for                                                               
example,  almost 25  percent  in  the Matanuska-Susitna  Borough.                                                               
Alaska's figures  are higher than  the nationwide  average, where                                                               
midwives attend approximately 5 percent of the births.                                                                          
                                                                                                                                
MS. KANNE opined  that Alaska has one of the  best midwifery laws                                                               
in the  United States.   Many other states  look to Alaska  as an                                                               
example when passing midwifery legislation.   Some 21 states have                                                               
licensing for  direct-entry midwives and 8  more have legislation                                                               
pending.                                                                                                                        
                                                                                                                                
Number 0830                                                                                                                     
                                                                                                                                
MS. KANNE  answered Representative Rokeberg's questions  from the                                                               
Legislative Audit report  about why only 7 out  of 30 apprentices                                                               
are still  active.  She described  supervising apprentices during                                                               
her  20-year  career.    The   long  hours,  low  pay,  and  huge                                                               
responsibility discourage many students.   She has supervised two                                                               
apprenticeships who finished their  training and became licensed.                                                               
There's  no  requirement  for  a  university  degree  in  Alaska;                                                               
Alaska's   direct-entry  midwifery   laws   are   based  on   the                                                               
apprenticeship  model.   There  are  several nationally  credited                                                               
programs  that  instructors  use   when  they  supervise  midwife                                                               
trainees; Ms. Kanne explained that  she uses the National College                                                               
of Midwifery out of New Mexico, which is a degree program.                                                                      
                                                                                                                                
Number 0928                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  noted his  concern about  high licensure                                                               
costs.  He  cited a recent disciplinary action by  the board, the                                                               
cost of which  must be covered by the midwife  licensing fee.  He                                                               
expressed concern  that the fee  would rise  again.  He  noted it                                                               
was  a key  issue  when  the board  was  created  because of  its                                                               
potential barrier  to entry; the  amount of the licensing  fee is                                                               
always a consideration in licensing an occupation.                                                                              
                                                                                                                                
MS. KANNE replied that the licensing  fee was $1,300 for the most                                                               
recent  renewal  of December  31,  so  it  has risen  from  $950,                                                               
probably because of  the investigation.  As the  president of the                                                               
Midwives Association  of Alaska,  she reported that  members feel                                                               
it is  very important to have  an independent board, and  they do                                                               
not want to be merged with  any other board.  Members are willing                                                               
to pay the higher licensing fees,  she said.  They are continuing                                                               
to  recruit midwives  in  the  state.   The  Juneau Family  Birth                                                               
Center  and other  nonprofit birth  centers in  Alaska pay  their                                                               
midwives' licensing  fees.   They try  to assure  that no  one is                                                               
prohibited from practicing because of the licensing fees.                                                                       
                                                                                                                                
Number 1085                                                                                                                     
                                                                                                                                
MS. KANNE, in response to  questions from Representative Rokeberg                                                               
about  whether  midwives  can afford  the  fees,  said  midwifery                                                               
services  pay for  themselves and  the midwives'  salaries.   She                                                               
said the total  fees for a childbirth at the  Juneau Family Birth                                                               
Center range from $3,000 to $5,000,  which is about half the cost                                                               
of a normal delivery at the hospital.                                                                                           
                                                                                                                                
Number 1127                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN asked  if midwife  services  are covered  by                                                               
insurance.   He asked about  the process, and timeframe,  and the                                                               
cost of getting licensed as a certified direct-entry midwife.                                                                   
                                                                                                                                
MS.  KANNE  answered that  midwife  training  in Alaska  uses  an                                                               
apprenticeship model.   Students must finish  an academic program                                                               
approved by  the national accreditation program  for midwives and                                                               
must  finish  clinical  requirements   under  state  law.    Most                                                               
apprentices take three to four  years because they must assist at                                                               
60 births.   The cost of apprenticeship varies  around the state.                                                               
At  the Juneau  birth center,  for example,  students pay  $200 a                                                               
month and work at the center.                                                                                                   
                                                                                                                                
Number 1240                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUTTENBERG  asked about the protocols  to transfer                                                               
a patient from a midwife to a doctor in case of complications.                                                                  
                                                                                                                                
MS.  KANNE  replied  that  certified  direct-entry  midwives  are                                                               
independent  practitioners   who  do   not  practice   under  the                                                               
supervision of physicians.   State law recommends -  but does not                                                               
require - that  patients see a physician for  a complete physical                                                               
exam.  She  said she believes midwives  and medical professionals                                                               
in Juneau and  around the state have  good working relationships.                                                               
Alaska law clearly defines what midwives can and cannot do.                                                                     
                                                                                                                                
REPRESENTATIVE  GUTTENBERG   asked  whether  there  has   been  a                                                               
situation  in which  someone used  a midwife  instead of  using a                                                               
physician.                                                                                                                      
                                                                                                                                
MS. KANNE replied no, not to her knowledge.                                                                                     
                                                                                                                                
Number 1360                                                                                                                     
                                                                                                                                
MS. KANNE,  in response  to a  question from  Representative Lynn                                                               
about   whether  midwives   administer  pain   medication  during                                                               
childbirth,  answered that  no, midwives  use natural  techniques                                                               
such as  massage and water  to create  a situation in  which pain                                                               
medication isn't necessary.                                                                                                     
                                                                                                                                
MS.  KANNE answered  a question  from Representative  Gatto about                                                               
whether men  are allowed to become  midwives.  She said  that yes                                                               
they are,  although there are  none that she knows  of practicing                                                               
in Alaska.                                                                                                                      
                                                                                                                                
Number 1388                                                                                                                     
                                                                                                                                
RICK  URION,   Director,  Division  of   Occupational  Licensing,                                                               
Department of  Community & Economic  Development, said  the Board                                                               
of Certified Direct-Entry Midwives  functions well and within its                                                               
budget.  He urged the committee to pass HB 71.                                                                                  
                                                                                                                                
Number 1430                                                                                                                     
                                                                                                                                
DANA  BROWN, Chair,  Board  of  Certified Direct-Entry  Midwives;                                                               
Executive  Director,  Alaska  Family  Health  and  Birth  Center,                                                               
testified in  favor of extending the  board.  She said  the board                                                               
has been  doing its  work of maintaining  high standards  of care                                                               
for the  public's safety.  The  midwives are able and  willing to                                                               
pay the licensing fees required to maintain a separate board.                                                                   
                                                                                                                                
Number 1504                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO moved to report  HB 71 out of committee with                                                               
individual recommendations  and the attached fiscal  note.  There                                                               
being no objection,  HB 72 was reported from the  House Labor and                                                               
Commerce Standing Committee.                                                                                                    
                                                                                                                                

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