S T A T E O F N E W Y O R K
________________________________________________________________________
4819--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 23, 2023
___________
Introduced by M. of A. PAULIN, SIMON, GONZALEZ-ROJAS, EPSTEIN, FORREST,
WOERNER, THIELE, MAMDANI, DICKENS, MANKTELOW, STIRPE, L. ROSENTHAL,
McMAHON, CRUZ, KELLES, LUPARDO, COOK, BICHOTTE HERMELYN, GUNTHER,
CARROLL, JEAN-PIERRE, JACKSON, ZINERMAN, MITAYNES, LUNSFORD, CLARK,
FAHY, REYES, MEEKS, HEVESI, SEAWRIGHT -- read once and referred to the
Committee on Higher Education -- 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. 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.
LBD00632-02-3
A. 4819--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 ACCREDITED EDUCATIONAL PROGRAM FOR THE PRACTICE OF
CERTIFIED PROFESSIONAL MIDWIFERY IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS; OR
A. 4819--A 3
(B) IF AN APPLICANT RECEIVES A CERTIFIED PROFESSIONAL MIDWIFERY
CERTIFICATION WITHIN TWENTY-FOUR MONTHS OF THE EFFECTIVE DATE OF THIS
ARTICLE THROUGH ANOTHER EDUCATIONAL PATHWAY, OR IF CERTIFICATION
INCLUDES CURRENT LICENSING FROM ANOTHER STATE OR COUNTRY NOT REQUIRING
ACCREDITED EDUCATION, COMPLETE THE MIDWIFERY BRIDGE CERTIFICATE 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] TITLE may use the title "nurse-midwife". ONLY A PERSON
AUTHORIZED TO USE THE TITLE "CERTIFIED PROFESSIONAL MIDWIFE" UNDER ARTI-
CLE 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] ELEVEN 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] FIVE 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.
[(b)] (C) TWO MEMBERS OF THE BOARD SHALL BE PERSONS LICENSED UNDER
ARTICLE ONE HUNDRED FORTY-A OF THIS TITLE.
[Two members] (D) ONE MEMBER of the board shall be [individuals who
are] A licensed [physicians who are also] PHYSICIAN certified as
obstetrician/gynecologists by a national certifying body WHO DEMON-
A. 4819--A 4
STRATES COLLABORATION WITH PERSONS LICENSED UNDER ARTICLES ONE HUNDRED
FORTY AND ONE HUNDRED FORTY-A OF THIS TITLE.
[(c)] (E) One member of the board shall be an individual licensed as a
physician who practices family medicine including obstetrics.
[(d) One member of the board shall be an individual licensed as a
physician who practices pediatrics.
(e)] (F) One member of the board shall be an individual not possessing
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 shall have
become 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.