NY State Bill 2021-S7078A

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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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Bill Amendments

Original

2021-S7078 - Details

Versions Introduced in 2023-2024 Legislative Session:: S310

2021-S7078 - 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-S7078 - Sponsor Memo

                                
 
BILL NUMBER: S7078

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to the practice of community midwifery

 
PURPOSE OR GENERAL IDEA OF BILL:

To create the profession of licensed community midwife.

 
SUMMARY OF PROVISIONS:

Section 1 amends Title 8 of the Education Law by adding a new Article
140-a to establish the profession of community midwifery.

§ 2 amends Education Law § 6953 to add that only individuals licensed
under Article 140-a may use the title "community midwife."

§ 3 amends Education law § 6954 to add three seats for licensed communi-

ty midwives to the board of midwifery.

§ 4 amends the article heading of Education law Article 140 to read
"Midwifery," aligning it with other Title 8 article headings.

§ 5 amends Public Health Law § 571 (6) to add "community midwife" to the
list of qualified health care professionals authorized to order clinical
lab work.

§ 6 is the immediate effective date.

 
JUSTIFICATION:

Midwives have played a vital role in the health and wellbeing of women,
birthing people, and babies for centuries. Midwives approach normal
pregnancy and childbearing as natural, physiologic processes rather than
as medical issues in need of intervention, and they are well-trained in
identifying any complications that could result in a different level of
care being required. National evidence shows that when midwives are
integrated in a state's health care system, outcomes improve for birth-
ing people and babies. This includes fewer cesarean deliveries; more
vaginal births, including after cesareans; higher breastfeeding rates;
and higher satisfaction with their care.

New York currently licenses certified nurse-midwives and certified
midwives, both of which involve extensive education and training in
hospital settings. There is a third path to certification, however, that
34 other states recognize, but New York does not. The certified profes-
sional midwife (CPM) specializes in community birth, including in homes
and birth centers. These practitioners, whom this bill would license as
community midwives, are an integral part of the women's health and birth
care continuum where they are allowed to practice.  CPMs are able to
offer a level of culturally sensitive care and comfort that birthing
people often struggle to find in the hospital birth system.

New York was already in a maternal mortality and severe maternal morbid-
ity crisis, and the COVID-l9 pandemic only exacerbated the pre-existing
racial inequities in our health care system. More and more birthing
people are looking for alternatives to the strictly medical model of
pregnancy and childbirth, and they deserve to have access to the quality
care they are looking for.

 
GENDER JUSTICE AND RACIAL JUSTICE IMPACT:

Licensing community midwives is an important step in addressing birth
equity, birth justice, and an individual's right to choose the most
appropriate care.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7078 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7078
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed 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

 S. 7078                             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:

 S. 7078                             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.

2021-S7078A (ACTIVE) - Details

Versions Introduced in 2023-2024 Legislative Session:: S310

2021-S7078A (ACTIVE) - Summary

2021-S7078A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7078A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to the practice of certified professional midwifery

 
PURPOSE OR GENERAL IDEA OF BILL:

To create the profession of licensed certified professional midwife.

 
SUMMARY OF PROVISIONS:

Section 1 amends Title 8 of the Education Law by adding a new Article
140-a to establish the profession of certified professional midwifery.

§ 2 amends Education Law § 6953 to add that only individuals authorized
under Article 140-a may use the title "certified professional midwife."

§ 3 amends Education law § 6954 to add three seats for licensed certi-
fied professional midwives to the board of midwifery.

§ 4 amends the article heading of Education law Article 140 to read
"Midwifery," aligning it with other Title 8 article headings.

§ 5 amends Public Health Law § 571 (6) to add "certified professional
midwife" to the list of qualified health care professionals authorized
to order clinical labwork.

§ 6 is the effective date of 18 months after it becomes a law.  Effec-
tive immediately, the commissioner of education shall make regulations
and take other actions reasonably necessary to implement this act on
that date.

 
JUSTIFICATION:

Midwives have played a vital role in the health and wellbeing of women
and have assisted in the birth of babies for millennia. New York
currently licenses nurse-midwives and, since 1994, midwives, both of
which involve extensive education and training in hospital settings.
There is a third path to certification, however, that 34 other states
recognize, but New York does not. The certified professional midwife
(CPM) specializes in community birth, including in homes and birth
centers. Where they are allowed to practice, CPMs are an integral part
of the women's health and birth care continuum. They are able to offer a
level of culturally sensitive care and comfort that women and birthing
parents often struggle to find in the hospital birth system.

Midwives approach pregnancy and childbearing as a normal and natural
physiological process, and they are well-trained in identifying risk or
complications that will require a medical intervention. National
evidence shows that when midwives are integrated in a state's health
care system, outcomes improve for birthing parents and babies. This
includes fewer cesarean deliveries; more vaginal births, including after
cesareans; higher breastfeeding rates; and higher satisfaction with
care.


New York is experiencing a severe maternal mortality and morbidity
crisis, and the COVID-19 pandemic only exacerbated the pre-existing
racial inequities in our health care system. More and more birthing
parents are looking for alternatives to hospital birth, and they deserve
to have access to the quality care they are looking for.

Licensing CPMs is an important step in addressing birth equity, birth
justice, and an individual's right to choose the care that is most
appropriate for them.

 
GENDER JUSTICE AND RACIAL JUSTICE IMPACT:

Licensing certified professional midwives is an important step in
addressing birth equity, birth justice, and an individual's right to
choose the most appropriate care.

 
AMENDED BILL:

The "A" print changed the name of the profession from "community midwif-
ery' to "certified Professional midwifery", which is more consistent
with existing licensing rules on a national basis. There were also
changes relating to clarify and ensure that midwives who have already
obtained equivalent creditionals would be able to practice in NYS as
certified professional midwives.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it becomes a law.
Effective immediately, the commissioner of education shall make regu-
lations and take other actions reasonably necessary to implement this
act on that date.

2021-S7078A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7078--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2021
                                ___________
 
 Introduced  by  Sens.  SALAZAR, BIAGGI, BROUK, JACKSON, JORDAN, KENNEDY,
   MAY, MYRIE, OBERACKER, PARKER, SEPULVEDA, SKOUFIS, WEIK -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Higher  Education -- recommitted to the Committee on Higher Educa-
   tion in accordance with Senate Rule 6, sec. 8 -- 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11661-07-2

 S. 7078--A                          2
 
 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)  COMPLETE  AN  EDUCATIONAL  PROGRAM  FOR THE PRACTICE OF CERTIFIED
 PROFESSIONAL MIDWIFERY  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
 LATIONS;
 S. 7078--A                          3
 
   (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.
   [(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.
 S. 7078--A                          4
 
   [(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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Bill S7078A

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Bill S7078A

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