NY State Senate Bill 2023-S310A

Current Bill Status - In Senate Committee Higher Education Committee

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
Jan 03, 2024	referred to higher education
Sep 05, 2023	print number 310a
Sep 05, 2023	amend and recommit to higher education
Jan 04, 2023	referred to higher education

Bill Amendments

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A (Active)

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2023-S310 - Details

See Assembly Version of this Bill:: A4819
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 140-A §§6960 - 6965, amd §§6953 & 6954, Art 140 Art Head, Ed L; amd §571, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S7078, A7898

2023-S310 - 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.

2023-S310 - Sponsor Memo

                                 
BILL NUMBER: S310

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,
which defines the practice of certified midwifery and establishes
requirements for a professional license.

§ 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.

§ s 5 and 6 amend Public Health Law § 571 (6) to add "certified profes-
sional midwife" to the list of qualified health care professionals
authorized to order clinical labwork.

§ 7 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 pregnant persons 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 CPMs are allowed to practice, they 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 a 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 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 healthcare 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:

Pregnancy related deaths are 3-4 times greater in Black people than
white people.(1) Multiple studies indicate that diverse and highly
trained Certified Nurse Midwives and Certified Midwives will contribute
to reducing maternal mortality as a whole. Licensing certified profes-
sional 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:

SENATE:

2021: S7078 (Salazar) - Referred to Higher Education

2022: Amended, referred to Higher Echlcation

ASSEMBLY:

2021: A7898 (Gottfried) - Referred to Higher Education

2022: Amended, referred to Higher Education

1 Howell, E. A. (2018). Reducing disparities in severe maternal morbidi-
ty and mortality. Clinical Obstetrics & Gynecology, 61(2), 387-399.
https://doLorg/10.1097/grf.0000000000000349

 
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.

2023-S310 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    310
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. SALAZAR, BROUK, JACKSON, KENNEDY, MAY, MYRIE, OBER-
   ACKER, PARKER, SEPULVEDA, SKOUFIS, WEIK  --  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 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
 INFANTS.   A CERTIFIED PROFESSIONAL MIDWIFE  MAY  ALSO  PROVIDE  PRECON-
 CEPTION  CARE  AS  DEFINED BY THE COMMISSIONER. A CERTIFIED PROFESSIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00632-01-3
 S. 310                              2
 
 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;
   (B) SUBMIT EVIDENCE OF LICENSE OR CERTIFICATION, THE EDUCATIONAL PREP-
 ARATION FOR WHICH IS DETERMINED BY THE DEPARTMENT TO  BE  EQUIVALENT  TO
 S. 310                              3
 
 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]  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] 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.
   [(b)]  (C)  THREE MEMBERS OF THE BOARD SHALL BE PERSONS LICENSED UNDER
 ARTICLE ONE HUNDRED FORTY-A OF THIS TITLE.
   (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.
 S. 310                              4
 
   [(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  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.

co-Sponsors

View additional co-sponsors

2023-S310A (ACTIVE) - Details

See Assembly Version of this Bill:: A4819
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 140-A §§6960 - 6965, amd §§6953 & 6954, Art 140 Art Head, Ed L; amd §571, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S7078, A7898

2023-S310A (ACTIVE) - Summary

2023-S310A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S310A

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 140a 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 and § 6 amends Public Health Law § 571 (6) to add "certified profes-
sional midwife" to the list of qualified health care professionals
authorized to order clinical lab work.

§ 7 provides the effective 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:

Pregnancy related deaths are 3-4 times greater in Black people than
white people. Multiple studies indicate that diverse and highly trained
Certified Nurse Midwives and Certified Midwives will contribute to
reducing maternal mortality as a whole.(1) Licensing certified profes-
sional 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 of this bill clarifies certain technical aspects of the
bill and modifies the educational prerequisites.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2021: S7078 (Salazar) - Referred to Higher Education

2022: Amended, referred to Higher Education

ASSEMBLY:

2021: A7898 (Gottfried) - Referred to Higher Education

2022: Amended, referred to Higher Education

 
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.
1 Howell, E. A. (2018). Reducing disparities in severe maternal morbidi-
ty and mortality. Clinical Obstetrics & Gynecology, 61(2), 387-399.
https://doi.org/10.1097/gif.0000000000000349

2023-S310A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  310--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. SALAZAR, BROUK, JACKSON, KENNEDY, MAY, MYRIE, OBER-
   ACKER, PARKER, SEPULVEDA,  SKOUFIS,  WEBB,  WEIK  --  read  twice  and
   ordered  printed, and when printed to be committed 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
 INFANTS.    A  CERTIFIED  PROFESSIONAL  MIDWIFE MAY ALSO PROVIDE PRECON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00632-03-3
 S. 310--A                           2
 
 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
   (B) IF  AN  APPLICANT  RECEIVES  A  CERTIFIED  PROFESSIONAL  MIDWIFERY
 CERTIFICATION  WITHIN  TWENTY-FOUR  MONTHS OF THE EFFECTIVE DATE OF THIS
 S. 310--A                           3
 
 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-
 STRATES  COLLABORATION  WITH PERSONS LICENSED UNDER ARTICLES ONE HUNDRED
 FORTY AND ONE HUNDRED FORTY-A OF THIS TITLE.
 S. 310--A                           4
 
   [(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.

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Senate Bill S310A

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

2023-S310 - Details

2023-S310 - Summary

2023-S310 - Sponsor Memo

2023-S310 - Bill Text download pdf

co-Sponsors

2023-S310A (ACTIVE) - Details

2023-S310A (ACTIVE) - Summary

2023-S310A (ACTIVE) - Sponsor Memo

2023-S310A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S310A

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Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

2023-S310 - Details

2023-S310 - Summary

2023-S310 - Sponsor Memo

2023-S310 - Bill Text download pdf

co-Sponsors

2023-S310A (ACTIVE) - Details

2023-S310A (ACTIVE) - Summary

2023-S310A (ACTIVE) - Sponsor Memo

2023-S310A (ACTIVE) - Bill Text download pdf

Comments