Appeal
from the Superior Court in Maricopa County No. CV2015-053512
The Honorable John R. Hannah, Jr., Judge
Law
Office of Julie Gunnigle, PLLC, Scottsdale By Julie R.
Gunnigle Counsel for Plaintiff/Appellant
Arizona Attorney General's Office, Phoenix By Aubrey Joy
Corcoran Counsel for Defendants/Appellees
Presiding Judge Diane M. Johnsen delivered the opinion of the
Court, in which Judge Maria Elena Cruz and Judge Randall M.
Howe joined.
OPINION
JOHNSEN, JUDGE
¶1
A midwife appeals the superior court's dismissal of her
complaint challenging rules the Arizona Department of Health
Services issued regulating the practice of midwifery. We
conclude the Department had authority to issue the rules and
affirm.
FACTS
AND PROCEDURAL BACKGROUND
¶2
Under Arizona law, anyone other than a registered nurse, a
licensed physician or someone supervised by a physician
usually must be licensed as a midwife to deliver a baby or to
provide "health care related to pregnancy, labor,
delivery and postpartum care of the mother and her
infant." Ariz. Rev. Stat. ("A.R.S.")
§§ 36-751 (2018), -752 (2018).[1] The legislature
has granted the Department broad authority to "[d]efine
and describe . . . the duties and limitations of the practice
of midwifery [and] [a]dopt standards with respect to the
practice of midwifery designed to safeguard the health and
safety of the mother and child." A.R.S. § 36-755(B)
(2018). In 1994, the Department issued detailed rules for the
licensing of midwives, circumscribing the services a midwife
may perform and imposing requirements for documenting and
reporting patient information. See generally Ariz.
Admin. Code ("A.A.C.") R9-16-101 to -117.
¶3
In 2012, after lobbying by the Arizona Association of
Midwives, the legislature passed and the governor signed
House Bill ("H.B.") 2247, which, in relevant part,
provided as follows:
A. On or before July 1, 2013, the [Department] shall consider
adopting rules regarding midwifery that concern the
following:
1. Reducing the regulatory burden on midwives who are
licensed [by the Department] . . . and streamlining the
regulation process.
2. Consistent with the requirements of title 36, chapter 6,
article 7, Arizona Revised Statutes, revising the midwifery
scope of practice pursuant to subsections B, C and D of this
section.
B. Any
party that is interested in increasing the scope of practice
of midwifery must submit a report to the director of the
...