36-9C-33. Informed consent document.
A certified professional midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the certified professional midwife and the client that discloses all of the following in writing:
(1)The name, address, telephone number, and license number of the certified professional midwife;
(2)The certified professional midwife's experience, qualifications, and training;
(3)The certified professional midwife's fees and method of billing;
(4)The right of a client to file a complaint with the board and the procedures for filing a complaint;
(5)If the certified professional midwife has malpractice liability insurance;
(6)A plan for consultation, referral, and transport for medical emergencies specific to each client, including identification of the closest hospital with an obstetrics department and the closest hospital with an emergency department;
(7)A list of antepartum, intrapartum, and postpartum conditions that would require consultation, transfer of care, or transport to a hospital;
(8)A statement indicating that the certified professional midwife will continue to care for a client until transfer of care has been completed including the transfer of all pertinent records including allergies, medications, and obstetric risk factors;
(9)The scope of care and services the certified professional midwife can provide to the client;
(10)A statement indicating that the client's records and any transaction with the certified professional midwife are confidential, unless required by the board for review;
(11)The right of a client to refuse service unless otherwise provided by law;
(12)The client's and certified professional midwife's signature and the date of signing; and
(13)A statement indicating that no other licensed health care provider or hospital or agent thereof is liable for injury resulting from an act or omission by the certified professional midwife, even if the health care provider has consulted or accepted a referral from the certified professional midwife.
Source: SL 2017, ch 172, ยง33.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 09C - Certified Professional Midwives
Section 36-9C-1 - Definitions.
Section 36-9C-2 - License required to practice as certified professional midwife.
Section 36-9C-3 - Functions exempt from chapter.
Section 36-9C-4 - Qualifications for certified professional midwife.
Section 36-9C-5 - Practice controlled by Board of Certified Professional Midwives.
Section 36-9C-6 - Board of Certified Professional Midwives established.
Section 36-9C-7 - Members of board.
Section 36-9C-8 - Qualifications of board members--Initial appointments.
Section 36-9C-9 - Terms of office.
Section 36-9C-10 - Removal of member.
Section 36-9C-11 - Application for licensure--Issuance.
Section 36-9C-12 - Criminal background check.
Section 36-9C-13 - Practice in out-of-hospital setting.
Section 36-9C-14 - Actions excluded from practice of certified professional midwife.
Section 36-9C-15 - Duration of license--Renewal.
Section 36-9C-16 - Requirements for license renewal.
Section 36-9C-17 - Reinstatement of lapsed license.
Section 36-9C-18 - Inactive status.
Section 36-9C-20 - Midwife regulation fund.
Section 36-9C-21 - Initial minimum balance in midwife regulation account.
Section 36-9C-22 - Denial, revocation, or suspension for misconduct.
Section 36-9C-23 - Procedures for revocation or suspension.
Section 36-9C-24 - Examination of license holder or applicant by medical examiner.
Section 36-9C-26 - Reissuance of revoked or suspended license.
Section 36-9C-27 - Prohibited conduct--Violation as misdemeanor.
Section 36-9C-28 - Violation by single act.
Section 36-9C-29 - Injunction.
Section 36-9C-30 - Temporary injunction.
Section 36-9C-31 - Injunction as alternative to criminal proceedings.
Section 36-9C-32 - Promulgation of rules.
Section 36-9C-33 - Informed consent document.
Section 36-9C-34 - Limitation of liability.
Section 36-9C-35 - Newborn screenings.