NY State Assembly Bill 2021-A7898A

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Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 08, 2022	print number 7898a
Jul 08, 2022	amend (t) and recommit to higher education
Jan 05, 2022	referred to higher education
May 28, 2021	referred to higher education

Bill Amendments

Original

A (Active)

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2021-A7898 - Details

See Senate Version of this Bill:: S7078
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Title 8 Art 140-A §§6960 - 6965, amd §§6953 & 6954, Art 140 Art Head, Ed L; amd §571, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: A4819, S310

2021-A7898 - Summary

Establishes the professional practice of community midwifery; defines as the management in the home, birth center, or community setting, of normal pregnancies, child birth, and postpartum care, including newborn evaluation, resuscitation and referral for infants; sets requirements for license and practice.

2021-A7898 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7898
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, PAULIN -- read once and referred to
   the Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to the practice of community midwifery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Title  8  of the education law is amended by adding a new
 article 140-A, to read as follows:
                               ARTICLE 140-A
                            COMMUNITY MIDWIFERY
 SECTION 6960. INTRODUCTION.
         6961. DEFINITION OF PRACTICE OF COMMUNITY MIDWIFERY.
         6962. PRACTICE OF COMMUNITY MIDWIFERY.
         6963. USE OF TITLE "COMMUNITY MIDWIFE".
         6964. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6965. EXEMPT PERSONS.
   § 6960. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF COMMU-
 NITY MIDWIFERY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   § 6961. DEFINITION OF PRACTICE OF COMMUNITY MIDWIFERY. 1. THE PRACTICE
 OF THE PROFESSION OF COMMUNITY MIDWIFERY IS DEFINED AS THE MANAGEMENT IN
 THE HOME, BIRTH CENTER, OR COMMUNITY  SETTING,  OF  NORMAL  PREGNANCIES,
 CHILD  BIRTH,  AND POSTPARTUM CARE, INCLUDING PRIMARY PREVENTIVE GYNECO-
 LOGIC AND OBSTETRIC CARE OF ESSENTIALLY HEALTHY INDIVIDUALS,  AND  SHALL
 INCLUDE  NEWBORN  EVALUATION,  RESUSCITATION AND REFERRAL FOR INFANTS. A
 COMMUNITY MIDWIFE SHALL HAVE  COLLABORATIVE  RELATIONSHIPS  WITH  (I)  A
 PHYSICIAN  WHO  IS  BOARD CERTIFIED AS AN OBSTETRICIAN-GYNECOLOGIST BY A
 NATIONAL CERTIFYING BODY OR (II) A PHYSICIAN  WHO  PRACTICES  OBSTETRICS
 AND  HAS OBSTETRIC PRIVILEGES AT A GENERAL HOSPITAL LICENSED UNDER ARTI-
 CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR (III) A HOSPITAL,  LICENSED
 UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW, THAT PROVIDES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11661-01-1

 A. 7898                             2
 
 OBSTETRICS THROUGH A PHYSICIAN HAVING  OBSTETRICAL  PRIVILEGES  AT  SUCH
 INSTITUTION, THAT PROVIDE FOR CONSULTATION, COLLABORATIVE MANAGEMENT AND
 REFERRAL  TO  ADDRESS  THE  HEALTH  STATUS  AND  RISKS  OF THE COMMUNITY
 MIDWIFE'S  PATIENTS AND THAT INCLUDE PLANS FOR EMERGENCY MEDICAL GYNECO-
 LOGICAL AND OBSTETRICAL COVERAGE. A  COMMUNITY  MIDWIFE  SHALL  MAINTAIN
 DOCUMENTATION OF THE COLLABORATIVE RELATIONSHIPS AND SHALL MAKE INFORMA-
 TION  ABOUT  THE  COLLABORATIVE RELATIONSHIPS AVAILABLE TO THE COMMUNITY
 MIDWIFE'S PATIENTS. FAILURE TO COMPLY WITH  THE  REQUIREMENTS  FOUND  IN
 THIS  SUBDIVISION SHALL BE SUBJECT TO PROFESSIONAL MISCONDUCT PROVISIONS
 AS SET FORTH IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE.
   2. A COMMUNITY MIDWIFE SHALL HAVE THE  AUTHORITY,  AS  NECESSARY,  AND
 LIMITED  TO  THE  PRACTICE  OF  COMMUNITY MIDWIFERY, TO ORDER, DISPENSE,
 PRESCRIBE, AND ADMINISTER DRUGS, IMMUNIZING AGENTS, DIAGNOSTIC TESTS AND
 DEVICES, AND TO ORDER LABORATORY TESTS, AS ESTABLISHED BY THE  BOARD  OF
 MIDWIFERY IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. A COMMUNITY
 MIDWIFE SHALL OBTAIN A CERTIFICATE FROM THE DEPARTMENT UPON SUCCESSFULLY
 COMPLETING  A  PROGRAM INCLUDING A PHARMACOLOGY COMPONENT, OR ITS EQUIV-
 ALENT,  AS  ESTABLISHED  BY  THE  COMMISSIONER'S  REGULATIONS  PRIOR  TO
 PRESCRIBING UNDER THIS SECTION.
   3.  ANY  REFERENCE TO COMMUNITY MIDWIFERY, OR COMMUNITY MIDWIFE, UNDER
 THE PROVISIONS OF THIS ARTICLE, THIS CHAPTER OR  ANY  OTHER  LAW,  SHALL
 REFER  TO AND INCLUDE THE PROFESSION OF COMMUNITY MIDWIFERY AND A COMMU-
 NITY MIDWIFE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE.
   § 6962. PRACTICE OF COMMUNITY MIDWIFERY. ONLY  A  PERSON  LICENSED  OR
 EXEMPT  UNDER  THIS  ARTICLE  OR  AUTHORIZED BY ANY OTHER SECTION OF LAW
 SHALL PRACTICE COMMUNITY MIDWIFERY.
   § 6963. USE OF TITLE "COMMUNITY MIDWIFE". ONLY A  PERSON  LICENSED  OR
 EXEMPT UNDER THIS ARTICLE SHALL USE THE TITLE "COMMUNITY MIDWIFE".
   §  6964.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A COMMUNITY MIDWIFE, AN APPLICANT SHALL FULFILL THE FOLLOWING
 REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   2. EDUCATION: ACHIEVE AND MAINTAIN THE CREDENTIAL OF COMMUNITY MIDWIFE
 OR CERTIFIED  PROFESSIONAL  MIDWIFE  FROM  A  NATIONAL  CERTIFYING  BODY
 SPECIALIZING  IN  THE  CERTIFICATION  OF COMMUNITY MIDWIVES OR CERTIFIED
 PROFESSIONAL MIDWIVES AND APPROVED BY THE COMMISSIONER.
   3. EXAMINATION: PASS AN EXAMINATION DESIGNATED BY  A  CERTIFYING  BODY
 UNDER SUBDIVISION TWO OF THIS SECTION.
   4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   6. FEE: PAY A FEE OF  ONE  HUNDRED  FIFTEEN  DOLLARS  FOR  AN  INITIAL
 LICENSE,  A  FEE OF ONE HUNDRED EIGHTY DOLLARS FOR EACH TRIENNIAL REGIS-
 TRATION PERIOD AND A FEE OF SEVENTY DOLLARS FOR A LIMITED PERMIT.
   § 6965. EXEMPT PERSONS. NOTHING IN  THIS  ARTICLE  SHALL  (A)  AFFECT,
 PREVENT,  EXPAND,  OR  LIMIT  ANY DUTY OR RESPONSIBILITY OF A PHYSICIAN,
 MIDWIFE, PHYSICIAN ASSISTANT, OR NURSE PRACTITIONER, ACTING  WITHIN  THE
 PROFESSIONAL'S  SCOPE  OF PRACTICE, FROM PRACTICING COMMUNITY MIDWIFERY;
 OR (B) AFFECT OR PREVENT A MEDICAL STUDENT, MIDWIFERY STUDENT, PHYSICIAN
 ASSISTANT STUDENT, OR NURSE PRACTITIONER STUDENT FROM ENGAGING IN  CLIN-
 ICAL  PRACTICE  IN  AN EDUCATIONAL PROGRAM REGISTERED BY THE DEPARTMENT,
 UNDER   THE   SUPERVISION   OF   A   PHYSICIAN   OR   BOARD    CERTIFIED
 OBSTETRICIAN/GYNECOLOGIST  OR  MIDWIFE,  PHYSICIAN  ASSISTANT,  OR NURSE
 PRACTITIONER, ACTING WITHIN THE PROFESSIONAL'S SCOPE OF PRACTICE.
   § 2. Section 6953 of the education law, as amended by chapter  327  of
 the laws of 1992, is amended to read as follows:

 A. 7898                             3
 
   § 6953. Use of title "midwife". Only a person licensed or exempt under
 this  article  shall  use  the title "midwife".   Only a person licensed
 under both this article and article  one  hundred  thirty-nine  of  this
 chapter may use the title "nurse-midwife".  ONLY A PERSON LICENSED UNDER
 ARTICLE ONE HUNDRED FORTY-A OF THIS CHAPTER MAY USE THE TITLE "COMMUNITY
 MIDWIFE".
   § 3. Section 6954 of the education law, as added by chapter 327 of the
 laws  of  1992, paragraph (a) of subdivision 2 as amended by chapter 328
 of the laws of 1992, is amended to read as follows:
   § 6954. State board of midwifery.   1. The state  board  of  midwifery
 shall  be  appointed  by  the  board of regents on recommendation of the
 commissioner for the purpose  of  assisting  the  board  of  regents  on
 matters of professional licensing and professional conduct in accordance
 with  section sixty-five hundred eight of this title. The board shall be
 composed of [thirteen] SIXTEEN individuals. Initial appointments to  the
 board  shall  be  such  that  the  terms shall be staggered. However, no
 members shall serve more than two terms.  HOWEVER, A VACANT SEAT ON  THE
 BOARD  DESIGNATED  FOR  AN INDIVIDUAL LICENSED TO PRACTICE UNDER ARTICLE
 ONE HUNDRED FORTY-A OF THIS TITLE SHALL NOT BE COUNTED FOR PURPOSES OF A
 QUORUM UNTIL IT HAS BEEN INITIALLY FILLED.
   2. (a) [(1)] Seven members of the board shall be persons licensed  [or
 exempt] under this [section] ARTICLE.
   [(2)] (B) One member of the board shall be an educator of midwifery.
   (C) THREE MEMBERS OF THE BOARD SHALL BE PERSONS LICENSED UNDER ARTICLE
 ONE HUNDRED FORTY-A OF THIS TITLE.
   [(b)]  (D)  Two  members  of  the  board  shall be individuals who are
 licensed physicians who are also certified as obstetrician/gynecologists
 by a national certifying body.
   [(c)] (E) One member of the board shall be an individual licensed as a
 physician who practices family medicine including obstetrics.
   [(d)] (F) One member of the board shall be an individual licensed as a
 physician who practices pediatrics.
   [(e)] (G) One member of the board shall be an individual not  possess-
 ing either licensure or training in medicine, midwifery, pharmacology or
 nursing and shall represent the public at large.
   3.  For  purposes  of  this  article, "board" means the state board of
 midwifery created under this section unless the  context  clearly  indi-
 cates otherwise.
   § 4. The article heading of article 140 of the education law, as added
 by chapter 327 of the laws of 1992, is amended to read as follows:
 
                  [PROFESSIONAL] MIDWIFERY [PRACTICE ACT]
 
   § 5. Subdivision 6 of section 571 of the public health law, as amended
 by chapter 444 of the laws of 2013, is amended to read as follows:
   6.  "Qualified  health  care professional" means a physician, dentist,
 podiatrist, optometrist performing a clinical laboratory test that  does
 not  use  an invasive modality as defined in section seventy-one hundred
 one of the education law,  physician  assistant,  specialist  assistant,
 nurse  practitioner, [or] midwife, OR COMMUNITY MIDWIFE, who is licensed
 and registered with the state education department.
   § 6. This act shall take effect immediately.

co-Sponsors

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2021-A7898A (ACTIVE) - Details

See Senate Version of this Bill:: S7078
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Title 8 Art 140-A §§6960 - 6965, amd §§6953 & 6954, Art 140 Art Head, Ed L; amd §571, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: A4819, S310

2021-A7898A (ACTIVE) - Summary

2021-A7898A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7898--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  PAULIN,  SIMON,  GONZALEZ-ROJAS,
   EPSTEIN, FORREST, WOERNER, THIELE, MAMDANI, DICKENS, McDONALD, MANKTE-
   LOW, STIRPE, L. ROSENTHAL,  McMAHON,  CRUZ,  KELLES,  GALEF,  LUPARDO,
   COOK,   BICHOTTE HERMELYN,  GUNTHER,  CARROLL,  JEAN-PIERRE,  JACKSON,
   CAHILL, ZINERMAN, MITAYNES, WALCZYK, LUNSFORD, CLARK,  FAHY,  SOLAGES,
   SALKA, REYES, MEEKS, HEVESI, NIOU, SEAWRIGHT, GRIFFIN -- read once and
   referred  to  the  Committee on Higher Education -- recommitted to the
   Committee on Higher Education in accordance with Assembly Rule 3, sec.
   2 -- committee discharged, bill amended, ordered reprinted as  amended
   and recommitted to said committee
 
 AN ACT to amend the education law and the public health law, in relation
   to the practice of certified professional midwifery
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 8 of the education law is amended  by  adding  a  new
 article 140-A to read as follows:
                               ARTICLE 140-A
                     CERTIFIED PROFESSIONAL MIDWIFERY
 SECTION 6960. INTRODUCTION.
         6961. DEFINITION  OF  PRACTICE OF CERTIFIED PROFESSIONAL MIDWIF-
                 ERY.
         6962. PRACTICE OF CERTIFIED PROFESSIONAL MIDWIFERY.
         6963. USE OF TITLE "CERTIFIED PROFESSIONAL MIDWIFE".
         6964. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         6965. EXEMPT PERSONS.
   § 6960. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF CERTI-
 FIED PROFESSIONAL MIDWIFERY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS
 CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  TITLE  APPLY  TO  THIS
 ARTICLE.
   § 6961. DEFINITION OF PRACTICE OF CERTIFIED PROFESSIONAL MIDWIFERY. 1.
 THE  PRACTICE  OF  THE PROFESSION OF CERTIFIED PROFESSIONAL MIDWIFERY IS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11661-06-2

 A. 7898--A                          2
 
 DEFINED AS THE MANAGEMENT  IN  THE  HOME,  BIRTH  CENTER,  OR  COMMUNITY
 SETTING,  OF  NORMAL  PREGNANCIES, CHILD BIRTH, AND POSTPARTUM CARE, AND
 SHALL  INCLUDE  NEWBORN  EVALUATION,  RESUSCITATION  AND  REFERRAL   FOR
 INFANTS.    A  CERTIFIED  PROFESSIONAL  MIDWIFE MAY ALSO PROVIDE PRECON-
 CEPTION CARE AS DEFINED BY THE COMMISSIONER.  A  CERTIFIED  PROFESSIONAL
 MIDWIFE  SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH (A) A PHYSICIAN WHO
 IS BOARD CERTIFIED AS AN OBSTETRICIAN-GYNECOLOGIST BY A NATIONAL  CERTI-
 FYING BODY OR (B) A PHYSICIAN WHO PRACTICES OBSTETRICS AND HAS OBSTETRIC
 PRIVILEGES  AT A GENERAL HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF
 THE PUBLIC HEALTH LAW OR (C) A HOSPITAL, LICENSED UNDER ARTICLE  TWENTY-
 EIGHT  OF  THE  PUBLIC  HEALTH  LAW,  THAT PROVIDES OBSTETRICS THROUGH A
 PHYSICIAN  HAVING  OBSTETRICAL  PRIVILEGES  AT  SUCH  INSTITUTION,  THAT
 PROVIDE  FOR  CONSULTATION,  COLLABORATIVE  MANAGEMENT  AND  REFERRAL TO
 ADDRESS THE HEALTH  STATUS  AND  RISKS  OF  THE  CERTIFIED  PROFESSIONAL
 MIDWIFE'S  PATIENTS AND THAT INCLUDE PLANS FOR EMERGENCY MEDICAL GYNECO-
 LOGICAL AND OBSTETRICAL COVERAGE. A CERTIFIED PROFESSIONAL MIDWIFE SHALL
 MAINTAIN DOCUMENTATION OF THE COLLABORATIVE RELATIONSHIPS AND SHALL MAKE
 INFORMATION ABOUT  THE  COLLABORATIVE  RELATIONSHIPS  AVAILABLE  TO  THE
 CERTIFIED  PROFESSIONAL  MIDWIFE'S  PATIENTS. FAILURE TO COMPLY WITH THE
 REQUIREMENTS FOUND IN THIS SUBDIVISION SHALL BE SUBJECT TO  PROFESSIONAL
 MISCONDUCT PROVISIONS AS SET FORTH IN ARTICLE ONE HUNDRED THIRTY OF THIS
 TITLE.
   2.  A  CERTIFIED  PROFESSIONAL  MIDWIFE  SHALL  HAVE THE AUTHORITY, AS
 NECESSARY, AND LIMITED TO THE PRACTICE OF CERTIFIED PROFESSIONAL MIDWIF-
 ERY, TO PRESCRIBE AND ADMINISTER DRUGS,  IMMUNIZING  AGENTS,  DIAGNOSTIC
 TESTS  AND  DEVICES,  AND  TO ORDER LABORATORY TESTS, AS ESTABLISHED AND
 LIMITED BY THE BOARD OF MIDWIFERY IN ACCORDANCE WITH THE  COMMISSIONER'S
 REGULATIONS. A CERTIFIED PROFESSIONAL MIDWIFE SHALL OBTAIN A CERTIFICATE
 FROM  THE  DEPARTMENT UPON SUCCESSFULLY COMPLETING A PROGRAM INCLUDING A
 PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS ESTABLISHED BY THE COMMIS-
 SIONER'S REGULATIONS PRIOR TO PRESCRIBING UNDER THIS SECTION.
   3. ANY REFERENCE TO CERTIFIED  PROFESSIONAL  MIDWIFERY,  OR  CERTIFIED
 PROFESSIONAL MIDWIFE, UNDER THE PROVISIONS OF THIS ARTICLE, THIS CHAPTER
 OR ANY OTHER LAW, SHALL REFER TO AND INCLUDE THE PROFESSION OF CERTIFIED
 PROFESSIONAL  MIDWIFERY AND A CERTIFIED PROFESSIONAL MIDWIFE, UNLESS THE
 CONTEXT CLEARLY REQUIRES OTHERWISE.
   § 6962. PRACTICE OF CERTIFIED PROFESSIONAL MIDWIFERY.  ONLY  A  PERSON
 LICENSED OR EXEMPT UNDER THIS ARTICLE OR AUTHORIZED BY ANY OTHER SECTION
 OF LAW SHALL PRACTICE CERTIFIED PROFESSIONAL MIDWIFERY.
   §  6963.  USE OF TITLE "CERTIFIED PROFESSIONAL MIDWIFE". ONLY A PERSON
 LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL  USE  THE  TITLE  "CERTIFIED
 PROFESSIONAL  MIDWIFE"  IN  CONNECTION  WITH  THE  PRACTICE OF CERTIFIED
 PROFESSIONAL  MIDWIFERY  IN  THE  STATE,  PROVIDED,  HOWEVER,  A  PERSON
 LICENSED  UNDER  ARTICLE  ONE  HUNDRED  FORTY  OF THIS TITLE AND WHO HAS
 OBTAINED THE CREDENTIALS PURSUANT TO SUBDIVISION TWO OF  SECTION  SIXTY-
 NINE  HUNDRED  SIXTY-FOUR OF THIS ARTICLE MAY ALSO USE THE TITLE "CERTI-
 FIED PROFESSIONAL MIDWIFE".
   § 6964. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS A CERTIFIED PROFESSIONAL MIDWIFE, AN APPLICANT SHALL FULFILL
 THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   2. EDUCATION: ACHIEVE AND MAINTAIN THE CREDENTIAL OF CERTIFIED PROFES-
 SIONAL MIDWIFE FROM A  NATIONAL  CERTIFYING  BODY  SPECIALIZING  IN  THE
 CERTIFICATION  OF  CERTIFIED  PROFESSIONAL  MIDWIVES AND APPROVED BY THE
 COMMISSIONER AND  SATISFACTORILY:
 A. 7898--A                          3
 
   (A) COMPLETE AN EDUCATIONAL PROGRAM  FOR  THE  PRACTICE  OF  CERTIFIED
 PROFESSIONAL  MIDWIFERY  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S REGU-
 LATIONS;
   (B) SUBMIT EVIDENCE OF LICENSE OR CERTIFICATION, THE EDUCATIONAL PREP-
 ARATION  FOR  WHICH  IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO
 THE FOREGOING, FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; OR
   (C) COMPLETE A PROGRAM DETERMINED BY THE DEPARTMENT TO  BE  EQUIVALENT
 TO THE FOREGOING AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE.
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   6. FEE: PAY A FEE OF  ONE  HUNDRED  FIFTEEN  DOLLARS  FOR  AN  INITIAL
 LICENSE AND A FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD.
   §  6965.  EXEMPT  PERSONS.  NOTHING  IN THIS ARTICLE SHALL (A) AFFECT,
 PREVENT, EXPAND, OR LIMIT ANY DUTY OR  RESPONSIBILITY  OF  A  PHYSICIAN,
 MIDWIFE,  PHYSICIAN  ASSISTANT, OR NURSE PRACTITIONER, ACTING WITHIN THE
 PROFESSIONAL'S SCOPE OF PRACTICE, FROM PRACTICING CERTIFIED PROFESSIONAL
 MIDWIFERY; OR  (B)  AFFECT  OR  PREVENT  A  MEDICAL  STUDENT,  MIDWIFERY
 STUDENT,  CERTIFIED  PROFESSIONAL MIDWIFERY STUDENT, PHYSICIAN ASSISTANT
 STUDENT, OR NURSE PRACTITIONER STUDENT FROM ENGAGING IN  CLINICAL  PRAC-
 TICE  IN  AN EDUCATIONAL PROGRAM REGISTERED BY THE DEPARTMENT, UNDER THE
 SUPERVISION OF A PHYSICIAN OR BOARD CERTIFIED  OBSTETRICIAN/GYNECOLOGIST
 OR  MIDWIFE,  PHYSICIAN  ASSISTANT, OR NURSE PRACTITIONER, ACTING WITHIN
 THE PROFESSIONAL'S SCOPE OF PRACTICE.
   § 2. Section 6953 of the education law, as added by chapter 327 of the
 laws of 1992, is amended to read as follows:
   § 6953. Use of title "midwife". Only a person licensed or exempt under
 this article shall use the title "midwife".    Only  a  person  licensed
 under  both  this  article  and  article one hundred thirty-nine of this
 chapter may use the title "nurse-midwife".  ONLY A PERSON AUTHORIZED  TO
 USE THE TITLE "CERTIFIED PROFESSIONAL MIDWIFE" UNDER ARTICLE ONE HUNDRED
 FORTY-A  OF  THIS  CHAPTER  MAY  USE  THE  TITLE "CERTIFIED PROFESSIONAL
 MIDWIFE".
   § 3. Section 6954 of the education law, as added by chapter 327 of the
 laws of 1992, paragraph (a) of subdivision 2 as amended by  chapter  328
 of the laws of 1992, is amended to read as follows:
   § 6954. State  board  of  midwifery.   1. The state board of midwifery
 shall be appointed by the board of  regents  on  recommendation  of  the
 commissioner  for  the  purpose  of  assisting  the  board of regents on
 matters of professional licensing and professional conduct in accordance
 with section sixty-five hundred eight of this title. The board shall  be
 composed  of [thirteen] SIXTEEN individuals. Initial appointments to the
 board shall be such that the  terms  shall  be  staggered.  However,  no
 members  shall serve more than two terms.  HOWEVER, A VACANT SEAT ON THE
 BOARD DESIGNATED FOR AN INDIVIDUAL LICENSED TO  PRACTICE  UNDER  ARTICLE
 ONE HUNDRED FORTY-A OF THIS TITLE SHALL NOT BE COUNTED FOR PURPOSES OF A
 QUORUM UNTIL IT HAS BEEN INITIALLY FILLED.
   2.  (a) [(1)] Seven members of the board shall be persons licensed [or
 exempt] under this [section] ARTICLE.
   [(2)] (B) One member of the board shall be an educator of midwifery.
   (C) THREE MEMBERS OF THE BOARD SHALL BE PERSONS LICENSED UNDER ARTICLE
 ONE HUNDRED FORTY-A OF THIS TITLE.
 A. 7898--A                          4
 
   [(b)] (D) Two members of  the  board  shall  be  individuals  who  are
 licensed physicians who are also certified as obstetrician/gynecologists
 by a national certifying body.
   [(c)] (E) One member of the board shall be an individual licensed as a
 physician who practices family medicine including obstetrics.
   [(d)] (F) One member of the board shall be an individual licensed as a
 physician who practices pediatrics.
   [(e)]  (G) One member of the board shall be an individual not possess-
 ing either licensure or training in medicine, midwifery, pharmacology or
 nursing and shall represent the public at large.
   3. For purposes of this article, "board"  means  the  state  board  of
 midwifery  created  under  this section unless the context clearly indi-
 cates otherwise.
   § 4. The article heading of article 140 of the education law, as added
 by chapter 327 of the laws of 1992, is amended to read as follows:

                  [PROFESSIONAL] MIDWIFERY [PRACTICE ACT]
 
   § 5. Subdivision 6 of section 571 of the public health law, as amended
 by chapter 444 of the laws of 2013, is amended to read as follows:
   6. "Qualified health care professional" means  a  physician,  dentist,
 podiatrist,  optometrist performing a clinical laboratory test that does
 not use an invasive modality as defined in section  seventy-one  hundred
 one  of  the  education  law, physician assistant, specialist assistant,
 nurse practitioner, [or] midwife, OR CERTIFIED PROFESSIONAL MIDWIFE, who
 is licensed and registered with the state education department.
   § 6. Subdivision 6 of section 571 of the public health law, as amended
 by section 1 of part C of chapter 57 of the laws of 2022, is amended  to
 read as follows:
   6.  "Qualified  health  care professional" means a physician, dentist,
 podiatrist, optometrist performing a clinical laboratory test that  does
 not  use  an invasive modality as defined in section seventy-one hundred
 one of the education law, pharmacist administering COVID-19 and influen-
 za tests pursuant to subdivision seven of  section  sixty-eight  hundred
 one  of  the  education  law, physician assistant, specialist assistant,
 nurse practitioner, [or] midwife, OR CERTIFIED PROFESSIONAL MIDWIFE, who
 is licensed and registered with the state education department.
   § 7. This act shall take effect eighteen months  after  it  becomes  a
 law,  provided  however  that the amendments to subdivision 6 of section
 571 of the public health law made by section six of this  act  shall  be
 subject  to the expiration and reversion of such subdivision pursuant to
 section 8 of part C of chapter 57 of the laws of 2022, as amended,  when
 upon  such  date  the  provisions of section five of this act shall take
 effect. Effective immediately, the commissioner of education shall  make
 regulations  and  take  other  actions reasonably necessary to implement
 this act on the effective date of this act.

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Assembly Bill A7898A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-A7898 - Details

2021-A7898 - Summary

2021-A7898 - Bill Text download pdf

co-Sponsors

2021-A7898A (ACTIVE) - Details

2021-A7898A (ACTIVE) - Summary

2021-A7898A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7898A

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Sponsored By

GOTTFRIED

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Amy Paulin

Jo Anne Simon

Jessica Gonzalez-Rojas

Harvey Epstein

2021-A7898 - Details

2021-A7898 - Summary

2021-A7898 - Bill Text download pdf

co-Sponsors

Amy Paulin

Jo Anne Simon

Jessica Gonzalez-Rojas

Harvey Epstein

2021-A7898A (ACTIVE) - Details

2021-A7898A (ACTIVE) - Summary

2021-A7898A (ACTIVE) - Bill Text download pdf

Comments