Unlawful conduct

(1) In addition to the conduct that constitutes unlawful conduct under Subsection 58-1-501(1), it is unlawful conduct for an individual who is not licensed under this chapter to: (a) represent or hold out that the individual is a licensed direct-entry midwife; (b) administer a prescription medication, except oxygen, in the practice of direct-entry midwifery; (c) before engaging in the practice of midwifery with a client, fail to obtain from the client an informed consent statement that includes the following: (i) a description of the individual's midwifery education, training, continuing education, and experience; (ii) a statement that the individual is not licensed by the state as a direct-entry midwife; (iii) a statement that it is unlawful for the individual to administer to the client a prescription medication, except oxygen, in the practice of direct-entry midwifery; (iv) a written plan to address medical issues the client may experience during pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed health care provider or facility, if necessary; (v) the name and signature of the individual; (vi) the name and signature of the client; (vii) the date the individual signed the statement; and (viii) the date the client signed the statement; or (d) fail to retain for at least 4 years a signed statement from a client described by Subsection (1)(c). (2) (a) Except for conduct that constitutes unlawful conduct under Subsection (1), it is lawful to practice direct-entry midwifery in the state without being licensed under this chapter. (b) The practice of direct-entry midwifery is not considered the practice of medicine, nursing, or nurse-midwifery.