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This page: Appendix
F. New CNM Scope Index Calculations
Appendix F.
New CNM Scope Index Calculations
This appendix contains a table that documents the detailed
calculations used to compute the new professional practice index for CNMs
for each of the 50 States plus the District of Columbia.
Legal Status (Maximum = 35)
Title protection indicates acceptance and acknowledgement
of the skills required to practice as a professional. Legal protection
provides a safeguard for both the public and the practicing professional.
CNMs are licensed, certified, or approved in all fifty
States and the District of Columbia. Licensure as a nurse midwife
provides recognition of the status of the profession. CNMs are frequently
regulated as a category of Advanced Practice Nurse (APN). They are sometimes
addressed as a separate category within the statutes and regulations which
speak to professional practice, licensure requirements, and prescriptive
authority. In some States, Midwives or CNMs are considered independently
from other nurses and are regulated as a separate profession from APNs.
Regulation by the Board of Nursing is the most
common structure when CNMs are considered to be APNs. Separate regulation
by a Board of Midwifery is considered ideal since a separate board
can best represent the interests and the orientation of midwives. When
midwives are regulated by a separate entity, non-nurse midwives may be
included in the rules.
Gynecological care in statute or regulation suggests
that midwives are viewed as practicing in an expanded role. Limiting midwives
to care in pregnancy and at birth does not fully use their professional
competencies.
The nature of midwifery practice demands a relationship
with a physician. Complicated pregnancies and deliveries require the
availability of specialty physicians with the skills to provide needed
patient care. Practice as a self-employed (autonomous) midwife is an option
in several States, but the need for a collaborating physician is universal.
Practice agreements and review of records that are left
to the discretion of the midwife and the physician acknowledge the competency
and skill of each profession and the ability of both to safely meet patient
need.
Temporary permits allow nurse midwives awaiting
the results of the certification examination to practice.
Inactive or retired status allows non-practicing
CNMs to use their title.
The profession of Midwifery philosophically supports non-nurse
midwives who are properly trained and regulated. The roots of midwifery
practice are in the care of women during pregnancy and childbirth in communities
where other medical resources are limited. Requiring a masters degree,
although elevating to a profession, limits the ability of non-nurse midwives
(also referred to as direct entry or lay midwives) to provide care. Rather,
professional midwifery associations support adequate skill and competency
in midwifery and have opened their certification examinations to these
midwives.
Hospital privileges permit a nurse midwife to admit
a patient without a supervising physician and provide autonomy to the
professional. Signing birth certificates and the ability to directly
refer indicate recognition of the professional ability of the midwife.
Reimbursement (Maximum = 35)
In 1997, the Balanced Budget Act, expanded the locations
at which CNM could be reimbursed for services. Since this was a progression
in reimbursement from 1992, a score was awarded to every State for direct
Medicare payment.
State reimbursement policy for payment of services rendered
to Medicaid-eligible patients varies considerably by State and
by profession.
The legal right to be reimbursed for services provided
is critical to the autonomy of CNMs. Although services may be provided
totally by the CNM, the inability to bill third parties for payment as
an identified provider can be a barrier to the provision of care.
Direct access legislation allows women to choose
well care services from a nurse midwife. Legislation enabling that independent
choice acknowledges the skill of the CNM and suggests the roles that CNMs
can play in healthcare delivery.
Prescriptive Authority (Maximum = 30)
When prescriptive authority is granted as part of the
licensure process for nurse midwives, it is recognition of confidence
in the education and skill of the CNM. The necessity of a separate application
for prescriptive privilege suggests special requirements for the authority
not fundamental to the didactic and clinical preparation of the midwife.
Although DEA numbers are a requirement for prescribing
controlled substances, a separate score was allotted to emphasize the
importance of the privilege of writing scripts for scheduled drugs.
Definition of the prescriptive privilege in law
rather than by individual physicians suggests full recognition of the
capability of the professional. Dependence for prescriptive authority
on physician delegation limits the nurse midwife by creating barriers
to efficient practice. Review with another health professional of patient
needs and ordering of appropriate medications is a necessary part of practice.
However, the circumstances under which that consultation occurs may best
be determined by the midwife and may not need to be detailed in law or
in a cooperative agreement.
The ability to receive and distribute sample medications,
to independently sign a prescription and to prescribe medical
devices are suggestive of recognition of the expertise of nurse midwives.
Continuing education requirements maintain the
skill of the professional and update competencies.
The actual point allocations for the 50 States are presented
below.
| Table
F-1Professional Practice Index Scoring Criteria for Certified Nurse
Midwives in 2000New Index for AL, AK, AZ, AR, CA, and CO |
Legal
Status |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title protected |
3 |
3 |
a |
3 |
|
|
a |
|
a |
3 |
a |
3 |
a |
3 |
|
| Type of recognition: |
|
|
b |
|
b |
|
|
|
|
|
|
|
|
|
|
Licensed
|
3 |
3 |
|
|
|
|
|
|
|
3 |
|
|
|
|
|
Certified,
Registered, or Approved
|
2 |
|
|
2 |
|
2 |
b |
2 |
b |
|
|
2 |
b |
2 |
b |
| Regulated How: |
|
|
c |
|
|
|
|
|
|
|
|
|
|
|
|
Separate Statute/Separate
Rules
|
2 |
2 |
|
|
|
|
|
|
|
|
|
2 |
|
|
|
Regulated
as APN
|
1 |
|
|
1 |
|
1 |
|
1 |
c |
1 |
|
|
|
1 |
|
| Regulated By: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
Board of Midwifery
|
3 |
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
BON w/ Midwifery
Committee or Midwife on Board
|
2 |
|
|
|
|
|
|
|
|
|
|
2 |
d |
|
|
BON w/APN
rep (when reg as APN) or sep APN Bd
|
1 |
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
|
BON with no
specific midwifery representation
|
1 |
|
|
|
|
1 |
|
1 |
|
|
|
|
|
|
|
Board of Medicine
involved/other
|
0 |
|
|
0 |
d |
|
|
|
|
|
|
|
|
|
|
| Scope Defined: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
Scope defined
in broad terms
|
3 |
3 |
|
3 |
|
3 |
|
|
|
3 |
|
|
|
3 |
|
Scope more
specifically defined
|
2 |
|
|
|
|
|
|
2 |
|
|
|
2 |
|
|
|
Scope restricted
(list of excluded/included tasks)
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
No scope defined
at all
|
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Gynecological
care in SOP defined |
1 |
1 |
f |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
|
|
| Masters degree
required |
0 |
|
g |
0 |
|
|
|
0 |
g |
|
|
|
|
0 |
g |
| National Certification |
1 |
1 |
h |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
| Autonomous practice
possible |
5 |
5 |
I |
|
|
5 |
I |
5 |
|
5 |
|
|
|
5 |
I |
| Relationships
with Physicians: |
|
|
j |
|
|
|
|
|
|
|
|
|
|
|
|
Independent
language
|
3 |
3 |
|
|
|
3 |
j |
|
|
|
|
|
|
|
|
Colllaborative,
referral language
|
2 |
|
|
2 |
|
|
|
2 |
j |
2 |
|
2 |
|
2 |
j |
Supervisory
language
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Temporary Permit,
or not necessary |
1 |
1 |
k |
1 |
|
1 |
|
|
k |
1 |
|
1 |
k |
1 |
|
| Inactive or Retired
Status Available |
1 |
1 |
l |
|
|
1 |
|
1 |
|
1 |
|
|
|
|
|
| Practice Agreements: |
|
|
m |
|
|
|
|
|
|
|
|
|
|
|
|
No written
agreement
|
3 |
3 |
|
|
|
|
|
3 |
|
|
|
|
|
|
|
Agreement
btw phys and midwife on on site/available
|
2 |
|
|
|
|
|
|
|
|
|
|
2 |
m |
2 |
|
Agreement
btw phys and midwife with regulatory body
|
1 |
|
|
1 |
|
1 |
m |
|
|
1 |
m |
|
|
|
|
| Practice permissible
for lay or direct entry midwives |
1 |
1 |
n |
1 |
n |
1 |
n |
1 |
n |
1 |
n |
1 |
n |
1 |
n |
| Review of Records
by Physician: |
|
|
o |
|
|
|
|
|
|
|
|
|
|
|
|
Not defined
in statutes or laws
|
2 |
2 |
|
|
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
Periodic/Defined
Intervals
|
1 |
|
|
1 |
o |
|
|
|
|
|
|
|
|
|
|
Strict/Daily
|
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Hospital Privileges
in legislation |
1 |
1 |
p |
|
|
|
|
1 |
p |
|
|
1 |
p |
|
|
| CNMs can sign
birth certificates |
1 |
1 |
q |
1 |
|
1 |
|
1 |
|
1 |
q |
1 |
|
1 |
|
| Can refer directly
for other health services |
1 |
1 |
r |
1 |
r |
1 |
r |
1 |
|
1 |
r |
|
|
1 |
r |
|
| Subtotals Legal |
|
35 |
|
19 |
|
25 |
|
25 |
|
28 |
|
23 |
|
26 |
|
|
Reimbursement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Medicare |
5 |
5 |
s |
5 |
|
5 |
|
5 |
s |
5 |
|
5 |
|
5 |
|
| Medicaid % x
10 |
0-10 |
10 |
t |
8 |
|
10 |
|
6 |
|
8 |
|
10 |
|
10 |
|
| Language that
permits reimb by 3rd party/HMO |
15 |
15 |
u |
|
|
15 |
u |
15 |
|
|
|
15 |
|
15 |
|
| Any "direct access"
legislation for women |
5 |
5 |
v |
|
|
5 |
v |
|
|
|
|
|
|
|
|
|
| Subtotals Reimbursement
|
|
35 |
|
13 |
|
35 |
|
26 |
|
13 |
|
30 |
|
30 |
|
|
Prescriptive
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| How received: |
|
|
w |
|
|
|
|
|
|
|
|
|
|
|
|
Automatic/No
additional application required
|
4 |
4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Application
required
|
2 |
|
|
2 |
|
2 |
|
2 |
|
2 |
w |
2 |
|
2 |
|
| Own DEA number
|
3 |
3 |
x |
|
|
3 |
|
3 |
|
3 |
|
|
|
3 |
|
| CNM name on Rx
pad |
1 |
1 |
y |
1 |
|
1 |
|
1 |
|
1 |
|
|
|
1 |
|
| Extent of Authority: |
|
|
z |
|
|
|
|
|
|
|
|
|
|
|
|
Full auth
within scope of pract (Schedule II-V & legend)
|
16 |
16 |
|
|
|
16 |
z |
16 |
z |
|
|
|
|
16 |
z |
Extensive
auth w/in scope (Schedule III-V and legend)
|
12 |
|
|
|
|
|
|
|
|
12 |
|
|
|
|
|
Limited auth
within scope (Schedule IV-V and legend)
|
8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted
auth within scope (Schedule V and legend)
|
4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Legends only
|
1 |
|
|
1 |
|
|
|
|
|
|
|
1 |
z |
|
|
| Authority through: |
|
|
^ |
|
|
|
|
|
|
|
|
|
|
|
|
In legislation/collaborative
agrmnt not required
|
4 |
4 |
|
|
|
4 |
|
4 |
^ |
|
|
|
|
|
|
Collab agrmnt
defines privilege OR no phys involvement
|
3 |
|
|
|
|
|
|
|
|
3 |
|
|
|
3 |
^ |
Supervisory
agreement defines privilege
|
2 |
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
Defined Formulary
(inclusive or exclusive)
|
1 |
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
No Authority
at all
|
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Durable medical
equipment or devices |
1 |
1 |
# |
|
|
1 |
|
1 |
|
1 |
|
1 |
|
|
|
| Continuing Ed
requirements |
1 |
1 |
$ |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
|
| Subtotals Prescriptive
Authority |
|
30 |
|
6 |
|
28 |
|
28 |
|
23 |
|
7 |
|
26 |
|
|
| TOTAL POINTS |
|
100 |
|
38 |
|
88 |
|
79 |
|
64 |
|
60 |
|
82 |
|
FOOT NOTES
ALABAMA:
b) Certification of Qualification
d) One midwife on Joint Practice Committee
n) Lay midwives with permit may practice but DOH has no present method
for issuing permits; the statute is inactive (ACNM)
o) Plan for review of records required in regulations
r) Referral in definition of practice
ALASKA:
a) ANP title only,includes CNM
I,j,m) Procedures for consultation referral must be filed with BON but
no direct relationship required
n) Certified Direct Entry (CDEMs) Midwives regulated by Board Of Certified
Direct Entry Midwives (ACNM)
r) Referral to other health care professionals
u) Any Willing Provider Law
v) No managed care in Alaska, direct access implied by independent nature
of practice
z) Dispensing authority as of 1994
ARIZONA:
a) RNP title protected includes CNMS
b) Certified to practice
c) Category of RNP
g) After 2001
j) All acts performed must be in collaboration with a physician
k) RN temporary license
n) Midwifery regulated by DOH Nurse Midwives by BON
p) Scope of practice in statute includes admitting patients to hospitals
s) Arizona has an innovative managed care plan called Arizona Health Cost
Containment System that covers medicaid eligibles, pregnant women etc.
RNPs can contract with the plan
z) Prescribe and dispense -limits on refills
^) No physician collaboration required on Application for Authority
ARKANSAS:
a) CNM
m) For intrapartum care and prescriptive authority only
n) Lay midwives regulated by state DOH (ACNM)
q) Licensed midwifery statute provides this privilege
r) Referrals in definition of practice
w) Granted a certificate of prescriptive authority
CALIFORNIA:
a) Holding oneself out as CNM without certification is grounds for discipline
b) Certificate to practice
d) BON with Midwifery Committee
k) Not necessary because of various avenues available for certificates
to practice
m) Standardized procedures which are protocols for medical acts including
prescribing provide guidelines for practice
n) Licensed midwives are regulated by Division of Licensing of Medical
Board since 1993 (ACNM)
p) RNs may be granted expanded role privilege in hospitals
z) Medically delegated
COLORADO:
b) Registration
g) For prescriptive authority and beginning 7/1/2008 required
I) Direct entry midwives are licensed and regulated under Colorado Medical
Practice Act
J) 2000 legislation changed language to collaboration
n) Supervisory language for medical functions, collaborative language
for prescriptive authority
r) In definition of collaborative agreement
z) Dispensing limited to prepackaged samples, prescriptive authority limited
to acute self limiting condition, chronic condition, terminal comfort
care
^) Name of at least one collaborating physician required
REFERENCES
Main Resources
American College
of Nurse Midwives, Nurse Midwifery Today, A Handbook of State Laws and
Regulations 2000, Washington, DC, 2000.
Buppert C, Nurse Practitioner’s Business Practice & Legal Guide, Aspen
Publications, Gaithersburg, Maryland, 1999.
Cooper RA, Multidisciplinary Healthcare Workforce Data Consortium, Meeting,
April 2001, Washington, DC.
Henderson T, Chovan T , Removing Practice Barriers of NonPhysician Providers,
Intergovernmental Health Policy Project, The George Washington University,
February 1994.
Henderson T, Fox-Grage W, Lewis S, Scope of Practice & Reimbursement for
Advanced Practice Registered Nurses, Primary Care Resource Center, Intergovernmental
Health Policy Project, The George Washington University, December 1995.
Henderson T, Norris S, National Conference of State Legislators, Inc.
National Council of State Boards of Nursing, http://www.ncsbn.org.
National Council of State Boards of Nursing, The Regulation of Advanced
Practice Registered Nurses 1997, Chicago, IL, 1998.
Pearson LJ. Annual Legislative Update: How Each State Stands on Legislative
Issues Affecting Advanced Nursing Practice, The Nurse Practitioner 26(1):7-57.
US Department of Justice, Drug Enforcement Administration, Diversion Control
Program, http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html.
Washburn University School of Law, http://www.washlaw.edu
ALABAMA
Alabama Board of Nursing, http://www.abn.state.al.us
ALASKA
Alaska Legislature Online, http://www.legis.state.ak.us
Alaska Division of Occupational Licensing: Board of Nursing, http://www.dced.state.ak.us/occ
ARIZONA
Arizona Health Care Cost Containment System, http://www.ahccs.state.az.us
Arizona State Board of Nursing, http://www.azboard
of nursing.org
ARKANSAS
Arkansas St |