Volume 41 - Issue 25 - June 23, 2022
State of Kansas
Board of Healing Arts
Permanent Administrative Regulations
Article 28b.—INDEPENDENT PRACTICE OF MIDWIFERY
100-28b-3. Approved course of study in nurse-midwifery. The course of study in nurse-midwifery approved by the board to obtain authorization to engage in the independent practice of midwifery shall meet the standards established for advance practice registered nurses certified in nurse midwifery pursuant to the Kansas nurse practice act, and amendments thereto. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03; effective July 8, 2022.)
100-28b-6. Fees. (a) The following fees shall be collected by the board:
- (1) Application for license $ 100.00
(2) Annual renewal of license:
- (A) Paper renewal $ 75.00
- (B) On-line renewal $ 50.00
(3) Late renewal:
- (A) Paper renewal $ 50.00
- (B) On-line renewal $ 25.00
- (4) Certified copy of license $ 20.00
- (5) Verified copy of license $ 20.00
(b) If a licensee’s initial license is issued six or fewer months before the deadline for the licensee to renew the license, the first annual renewal fee shall be $25.00 if the licensee renews on-line. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03, 65-28b04, and 65-28b05; effective July 8, 2022.)
100-28b-14. Patient records. (a) Each licensee shall maintain an adequate health care record for each patient for whom the licensee performs a professional service.
(b) Each health care record shall meet the following requirements:
(1) Contain only those terms and abbreviations that are or should be comprehensible to similar licensees;
(2) document adequate identification of the patient;
(3) document all professional services provided or recommended and the date on which each professional service was provided or recommended;
(4) document all clinically pertinent information concerning the patient’s condition;
(5) document all identifiable risk assessments performed on the patient;
(6) document all examinations, vital signs, and tests obtained, performed, or ordered, and the findings and results of each;
(7) document all medications prescribed, dispensed, or administered, the time each medication was prescribed, dispensed, or administered, and the dose and route of each medication;
(8) document the patient’s response to all professional services performed or recommended;
(9) document all instruction and education provided to the patient related to the childbearing process;
(10) document the date and time of the onset of labor;
(11) document the course of labor, including all examinations and pertinent findings;
(12) document the date and exact time of birth, the presenting part of the newborn’s body, the newborn’s sex, and the newborn’s Apgar scores;
(13) document the time of expulsion and the condition of the placenta;
(14) document the condition of the patient and newborn, including any complications and action taken;
(15) contain the results of all postpartum and newborn examinations;
(16) document all professional services provided to the newborn, including prescribed medications and the time, type, and dose of eye prophylaxis;
(17) contain documentation of all consultation and collaboration with a physician concerning the patient;
(18) contain documentation of each referral, transfer, and transport to a medical care facility, including the reasons for each referral, transfer, or transport to a medical care facility;
(19) contain all written instructions given to the patient regarding postpartum care, family planning, care of the newborn, arrangements for metabolic testing, immunizations, and follow-up pediatric care; and
(20) contain all pertinent health care records received from other health care providers.
(c) Each entry in the health care record shall meet the following requirements:
(1) Be legible; and
(2) be authenticated by the person making the entry. Each authentication in the health care record for an entry documenting professional services provided by an individual licensed to engage in the independent practice of midwifery shall include the letters “CNM-I” after the licensee’s name.
(d) For the purposes of the independent practice of midwifery act and this regulation, an electronic patient record shall be deemed a written patient record if both of the following conditions are met:
(1) Each entry in the electronic record is authenticated by the licensee.
(2) No entry in the electronic record can be altered after authentication. (Authorized by and implementing K.S.A. 65-28b07; effective July 8, 2022.)
100-28b-20. Maintenance and storage of health care records. (a) Each licensee shall maintain the health care record for pregnancy, delivery, postpartum, and newborn care for at least 25 years from the date the licensee provided the professional service recorded.
(b) Each licensee shall maintain the health care record for family planning services and the treatment of sexually transmitted infections for at least 10 years from the date the licensee provided the professional service recorded.
(c) Any licensee may designate an entity, another licensee, or a health care facility to maintain a health care record if the licensee requires the designee to store the record in a manner that maintains confidentiality and allows lawful access.
(d) Health care records may be stored by an electronic data system, microfilm, or similar photographic means. Any licensee may destroy original paper records if the electronically stored health care record can be reproduced without alteration from the original.
(e) Each electronically stored health care record shall identify any existing original documents or information not included in the electronically stored health care record.
(f) Each licensee who terminates practice in Kansas shall, within 30 days of the termination, provide the following information to the board:
(1) The location where the licensee’s health care records are stored;
(2) if the licensee designates an agent to maintain the health care records, the agent’s name, telephone number, and mailing address; and
(3) the date on which the health care records are scheduled to be destroyed, according to this regulation. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b07; effective July 8, 2022.)
Acting Executive Director
Doc. No. 050263