RELATES TO:
KRS
61.878(1)(i),
213.046, Chapter 209A, 314.400 -
314.414, 45 C.F.R. Part 164
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314.131(1) authorizes the
Board of Nursing to promulgate administrative regulations as may be necessary
to enable it to carry into effect the provisions of KRS Chapter 314.
KRS
314.404(10) requires the
board to promulgate an administrative regulation to require licensed certified
professional midwives to report to the board annually as specified by the board
information regarding cases in which the licensed certified professional
midwife provided services when the intended place of birth at the onset of care
was in an out-of-hospital setting.
KRS
314.404(11) requires the
board to promulgate an administrative regulation to require licensed certified
professional midwives to report to the board, within thirty (30) days of the
occurrence, a case of newborn or maternal death attended by a licensed
certified professional midwife at the discovery of death. This administrative
regulation establishes reporting requirements for licensed certified
professional midwives and for the review of those reports.
Section 1. Pursuant to
KRS
314.404(11), within thirty
(30) days of a case of newborn or maternal death, the attending LCPM shall
report the occurrence to the Board of Nursing on LCPM Incident Form.
Section 2. Pursuant to
KRS
314.404(10), an LCPM shall
report the following information on the LCPM Annual Report Form to the Board of
Nursing on or before September 1 of each year for the period July 1 through
June 30 preceding:
(1) The total number of
clients served;
(2) The number of
live births;
(3) The number of
cases of fetal demise, newborn deaths, and maternal deaths;
(4) The number, reason for, and outcome of
each transfer, or transport of a client in the antepartum, intrapartum, or
immediate postpartum periods;
(5)
The number and reason for each referral of a client in the antepartum,
intrapartum, or immediate postpartum periods;
(6) A brief description of any complications
resulting in the morbidity or mortality of a mother or a newborn for the first
six (6) weeks; and
(7) The planned
location of the delivery and the actual location of the delivery if it is
different.
Section 3.
The LCPM Advisory Council shall review all reports.
Section 4.
(1) The LCPM shall comply with the
requirements of KRS
213.046 regarding the reporting of
birth.
(2) The LCPM shall comply
with the requirements of KRS Chapter 209A regarding reporting of suspected
domestic violence.
Section
5.
(1) Each LCPM Incident Form
and LCPM Annual Report Form submitted for LCPM Advisory Council review in
accordance with Sections 1 through3 of this administrative regulation shall be
regarded as correspondence with private individuals, not notice of the final
action of a public agency, and shall not be disclosed to the public.
(2) The Kentucky Board of Nursing shall make
public aggregate incident and annual report data that does not identify
individual licensees or information that would violate the confidentiality of
information or knowledge concerning any patient, except as authorized or
required by law such as pursuant to the Health Insurance Portability and
Accountability Act of 1996 (HIPAA),
Pub. L. No.
104-191, 110 Stat.
1936.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "LCPM Incident Form", 1/2020;
and
(b) "LCPM Annual Report Form",
12/2020.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300,
Louisville, Kentucky 40222, Monday through Friday, 8:00 a.m. to 4:30 p.m. This
material is also available on the board's Web site at
https://kbn.ky.gov/document-library/Pages/default.aspx