§ 2519.5

(a) Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following criteria:

(1) It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise in midwifery to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required.

(2) It shall include the review of all of the following, which shall be requested by the board:

(A) Relevant client records.

(B) The statement or explanation of the care and treatment provided by the licensed midwife.

(C) Any additional expert testimony or literature provided by the licensed midwife.

(D) Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the midwifery standards of care.

(b) If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 business days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information.

(c) Nothing in this section shall impede the board’s ability to seek and obtain an interim suspension order or other emergency relief.

(Amended by Stats. 2022, Ch. 510, Sec. 1. (SB 1440) Effective January 1, 2023.)