BILL 38

An Act Respecting Midwives

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Employment Standards Act

1(1) Section 1 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding the following definition in alphabetical order:

“midwife” means a midwife as defined in the Midwifery Act; (sage-femme)

1(2) Subsection 43(1) of the Act is repealed and the following is substituted:

43(1) Subject to subsection (2), an employer shall at any time from a day eleven weeks before the specified date of delivery to the day of actual delivery, upon the request of a pregnant employee and upon receipt of a certificate by a medical practitioner, nurse practitioner or midwife stating that the employee is pregnant and specifying the date upon which delivery will, in his or her opinion, occur, grant the employee leave of absence without pay of seventeen weeks or such shorter period as the employee requests.

1(3) Paragraph 44.02(3)(a) of the Act is repealed and the following is substituted:

(a)  provide the employer with a certificate of a medical practitioner, nurse practitioner or midwife specifying the date upon which delivery will, in the medical practitioner’s, nurse practitioner’s or midwife’s opinion, occur or the date upon which the birth has occurred, and

1(4) Subsection 44.021(2) of the Act is amended by striking out “medical practitioner or nurse practitioner” and substituting “medical practitioner, nurse practitioner or midwife”.

Medical Consent of Minors Act

2 Section 3 of the Medical Consent of Minors Act, chapter M-6.1 of the Acts of New Brunswick, 1976, is amended

(a)  in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “nurse practitioner” and substituting “nurse practitioner, midwife”;

(ii) in paragraph (a) of the English version by striking out “a medical treatment” and substituting “the medical treatment”;

(b)  in paragraph (2)(b) by striking out “nurse practitioner” and substituting “nurse practitioner, midwife”.

Midwifery Act

3(1) Subsection 2(2) of the Midwifery Act, chapter M-11.5 of the Acts of New Brunswick, 2008, is repealed and the following is substituted:

2(2) In engaging in the practice of midwifery, a midwife may

(a)  consult with, make a referral to or transfer care to a medical practitioner as set out in the standards of practice established by the regulations,

(b)  prescribe and administer drugs, blood products and vaccines in accordance with the regulations,

(c)  order and interpret screening and diagnostic tests in accordance with the regulations, and

(d)  provide other health care services within the practice of midwifery as set out in the standards of practice established by the regulations.

3(2) Section 99 of the Act is amended

(a)  by repealing subparagraph (n)(i) and substituting the following:

(i) the classifications of drugs, blood products and vaccines a midwife may prescribe and administer, and

(b)  in paragraph q) of the French version by striking out “autres soins de santé” and substituting “autres services de soins de santé”.

Public Health Act

4(1) Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

(a)  in the definition « réseau public d’adduction d’eau » of the French version by striking out the period at the end of the definition and substituting a semicolon;

(b)  by adding the following definition in alphabetical order:

“midwife” means a midwife as defined in the Midwifery Act; (sage-femme)

4(2) Section 27 of the Act is amended

(a)  in the portion preceding paragraph (a) by striking out “nurse practitioner” and substituting “nurse practitioner, midwife”;

(b)  in the portion following paragraph (c) of the English version by striking out “nurse practitioner” and substituting “nurse practitioner, midwife”.

4(3) Section 31 of the Act is repealed and the following is substituted:

31 A medical practitioner, nurse practitioner, midwife or nurse who provides professional services to a person who has a sexually transmitted disease, tuberculosis or meningococcal meningitis or such other communicable disease as is prescribed by regulation shall, in accordance with the regulations, report the person’s contacts related to the disease to a medical officer of health or person designated by the Minister.

4(4) Paragraph 66(2)(f) of the Act is amended by striking out “nurse practitioner” and substituting “nurse practitioner, midwife”.

4(5) Paragraph 68(pp) of the Act is amended by striking out “nurse practitioners” and substituting “nurse practitioners, midwives”.

Commencement

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.