Ariz. Admin. Code § R9-16-111 - Prohibited Practice; Transfer of Care

A. A midwife shall not provide midwifery services in a location that has the potential to cause harm to the client or the client's child fetus or newborn.
B. A midwife shall not accept as a client for midwifery services a pregnant women who has any of the following:
1. A previous surgery that involved:
a. An incision in the uterus, except as provided in R9-16-108(B)(1) ; or
b. A previous uterine surgery that enters the myometrium;
2. A history of severe postpartum bleeding, of unknown cause, which required transfusion;
3. Gestational age greater than 34 weeks with no prior prenatal assessments or clinical examinations;
2. 4. Multiple fetuses;

3. Placenta previa or placenta accreta;

4. A history of severe postpartum bleeding, of unknown cause, which required transfusion;

5. A pelvis that will not safely allow a fetus to pass through during labor;
6. Placenta previa or placenta accreta;
5. 7. Deep vein thrombosis or pulmonary embolism;
6. 8. Uncontrolled gestational diabetes;
7. 9. Insulin-dependent diabetes;
8. 10. Hypertension;
9. 11. Rh disease with positive titers;
10. 12. Active:
a. Tuberculosis,
b. Syphilis,

c. Genital herpes at the onset of labor;

d. c. Hepatitis until treated and recovered, or
e. d. Gonorrhea until treated and recovered;

11. Preeclampsia or eclampsia persisting after the second trimester;

12. 13. A blood pressure of 140/90 or an increase of 30 millimeters of Mercury systolic or 15 millimeters of Mercury diastolic over the client's lowest baseline blood pressure for two consecutive readings taken at least six hours apart;
13. 14. A persistent hemoglobin level below 10 grams;

14. A pelvis that will not safely allow a baby to pass through during labor;

15. A condition related to emotional or behavioral functioning, as a result of a mental disorder as defined in A.R.S. § 36-501, that:
a. Is severe and persistent, resulting in a long-term limitation of the client's capacity for primary activities of daily living such as interpersonal relationships, homemaking, self-care, employment, or recreation; and
b. Impairs or substantially interferes with the client's capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration; or
16. Indications of the continued use of one of the following despite negative consequences, including six months prior to pregnancy, that is evident during an assessment of a client:
a. Alcohol,
b. Narcotics, or
c. Other drugs.

17. Except as provided in R9-16-108(B)(2), a fetus with an abnormal presentation

18. Labor beginning before the beginning of 36 weeks gestation;

19. A progression of labor that does not meet the requirements of R9-16-108(J)(4), if applicable;

20. Gestational age greater than 34 weeks with no prior prenatal care;

21. A gestation beyond 42 weeks;

22. Presence of ruptured membranes without onset of labor within 24 hours;

23. Abnormal fetal heart rate consistently less than 120 beats per minute or more than 160 beats per minute;

24. Presence of thick meconium, blood-stained amniotic fluid, or abnormal fetal heart tones;

25. A postpartum hemorrhage of greater than 500 milliliters in the current pregnancy; or

26. A non-bleeding placenta retained for more than 60 minutes.

C. A midwife shall not continue midwifery services for a client who is diagnosed with or develops any of the following:
1. Any condition specified in subsections (B)(4) through (16);
2. A hematocrit below 30 during the third trimester;
3. Except as provided in R9-16-108(B)(2), a fetus that is not in a head-down position with the crown of the head being the leading body part;
4. Labor beginning before the beginning of 36 weeks gestation;
5. A progression of labor that does not meet the requirements of R9-16-108(J)(4), if applicable;
6. A gestation beyond 42 weeks;
7. Presence of ruptured membranes without onset of labor within 24 hours;
8. Abnormal fetal heart rate consistently less than 120 beats per minute or more than 160 beats per minute;
9. Presence of thick meconium, blood-stained amniotic fluid, or abnormal fetal heart tones;
10. A postpartum hemorrhage of greater than 500 milliliters in the current pregnancy; or
11. A non-bleeding placenta retained for more than 60 minutes.
C. D. A midwife shall not perform a vaginal delivery after prior Cesarean section for a client who:
1. Had:
a. More than one previous Cesarean section;
b. A previous Cesarean section:
i. With a classical, vertical, or unknown uterine incision;
ii. Within 18 months before the expected delivery;
iii. With complications, including uterine infection; or
iv. Due to failure to progress as a result of cephalopelvic insufficiency; or
c. Complications during a previous vaginal delivery after a Cesarean section; or
2. Has a fetus:
a. With fetal anomalies, confirmed by an ultrasound; or
b. In a breech presentation.
D. E. A midwife shall not perform a vaginal delivery of a fetus in a breech presentation for a client who:
1. Had a previous:
a. Unsuccessful vaginal delivery or other demonstration of an inadequate maternal pelvis, or
b. Cesarean section; or
2. Has a fetus:
a. With fetal anomalies, confirmed by an ultrasound;
b. With an estimated fetal weight less than 2500 grams or more than 3800 grams; or
c. In an incomplete breech presentation.
E. F. If the client has any of the conditions in subsections (C) through (E), a midwife shall:
1. Document the condition in the client record, and
2. Initiate transfer of care.
F. G. A midwife shall not perform any operative procedures except as provided in R9-16-113.
G. H. A midwife shall not:
1. Use any artificial, forcible, or mechanical means to assist birth; or
2. Attempt to correct fetal presentations by external or internal movement of the fetus.
H. I. A midwife shall not administer drugs or medications except as provided in R9-16-108(I)(3)(f), (K)(1)(g), or (K)(2)(c), or R9-16-113.
I. J. Except as provided in R9-16-113, a midwife shall:
1. Discontinue midwifery services and transfer care of a newborn in which any of the following conditions are present:
a. Birth weight less than 2000 grams;
b. Pale, blue, or gray color after 10 minutes;
c. Severe swelling, especially of the newborn's abdomen;
d. Major congenital anomalies; or
e. Respiratory distress; and
2. Document the condition in subsection (J)(1) in the newborn record.

Notes

Ariz. Admin. Code § R9-16-111
Adopted effective March 14, 1994 (Supp. 94-1). R9-16-111 renumbered to R9-16-116 ; new Section R9-16-111 renumbered from R9-16-108 and amended by exempt rulemaking at 19 A.A.R. 1805, effective July 1, 2013 (Supp. 13-2). Amended by final expedited rulemaking at 28 A.A.R. 1119, effective 5/4/2022.

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