Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Creates Midwifery Licensing Act; modifies regulation of midwifery.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the regulation of midwives and revising various parts of the statutory law and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the Midwifery Licensing Act.
2. (New section) The Legislature finds and declares that:
a. The public interest requires the establishment of a modern regulatory framework for the practice of midwifery in this State.
b. Midwives play a vital role in improving maternal and infant health.
c. Research has shown that access to midwifery services significantly reduces the rate of maternal and infant mortality and morbidity, particularly for vulnerable communities, yet many of the statutory provisions governing the practice of midwifery in the State date back to the late 19th century.
d. Midwifery practice continues to be regulated by the State Board of Medical Examiners rather than by an independent midwifery licensing board.
e. In light of the expansion of midwifery practice and the urgent need to address New Jerseys unusually high levels of maternal and infant mortality and morbidity, it is necessary to establish a new regulatory framework for the practice of midwifery in this State.
3. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Board means the State Board of Midwives established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Certified midwife or CM means a person who has been certified by the American Midwifery Certification Board, or any of its successors, as a certified midwife.
Certified nurse midwife or CNM means a registered nurse who has been certified by the American Midwifery Certification Board, or any of its successors, as a certified nurse midwife.
Certified professional midwife or CPM means a person who has been certified by the North American Registry of Midwives, or any of its successors.
Director means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
Licensee means any person who holds a license from the board to practice as a midwife.
Midwife means a person licensed by the board as a certified midwife (CM), certified nurse midwife (CNM), or certified professional midwife (CPM).
Midwifery services means care for childbearing persons during pre-pregnancy, pregnancy, birth, and postpartum, the provision of gynecological care and primary preventive reproductive care, and care for newborn infants in the early weeks of life consistent with the midwifes education and certification. Midwifery services shall also include, with respect to a certified midwife or a certified nurse midwife, primary care for individuals with female reproductive systems.
4. (New section) There is created in the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Midwifery. The board shall consist of 13 members, one of whom shall be a public member appointed pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be a member of the Executive Branch appointed in fulfillment of the requirement of subsection c. of that section; two of whom shall be physicians who are certified by either the American Board of Obstetrics and Gynecology, the American Osteopathic Board of Obstetrics and Gynecology, or any other certification organization of comparable standards; one of whom shall be a physician who practices family medicine; and one of whom shall be a physician who practices pediatrics. The seven remaining members shall be midwives, at least one of whom shall be a midwifery educator.
The Governor shall appoint each member, other than the State executive department member, for terms of three years, except that of the members first appointed, five shall serve for a term of three years, four shall serve for terms of two years and three shall serve for terms of one year. Any vacancy in the membership shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board shall serve for more than two successive terms in addition to any unexpired term to which the member has been appointed. The Governor may remove any member of the board, other than the State executive department member who, pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2), serves at the pleasure of the Governor, for cause.
5. (New section) Notwithstanding any law, rule, or regulation to the contrary, the members of the board shall serve without compensation and shall not be entitled to receive any pension or health benefits based upon their service as a board member but, pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5), shall be reimbursed for expenses and provided with office and meeting facilities.
6. (New section) a. The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson.
b. The chairperson shall preside at all board meetings and perform all duties prescribed by law or board regulations. The vice-chairperson shall preside if the chairperson is absent or temporarily unable to discharge the duties of the chairperson, or the position of chairperson becomes vacant. The board shall meet at least once every three months in-person, or through remote technologies, and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum. The minutes of meetings, upon approval of the board, shall constitute the official records of board meetings.
c. The board shall promulgate rules and regulations pursuant to the Administrative Procedures Act, P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), except for sections 4, 5, and 6 and subsection i. of section 7, shall remain inoperative until the first day of the sixth month next following the promulgation by the board of the rules and regulations.
7. (New meeting) The board shall:
a. establish and review the qualifications of applicants for licensure;
b. recognize accrediting entities for midwifery programs;
c. recognize national certification entities which certify individuals to practice as certified midwives, certified nurse midwives, and certified professional midwives;
d. issue and renew, on a biennial basis, licenses for midwives;
e. refuse to issue an initial license or suspend, revoke, or fail to renew a license of a midwife pursuant to P.L.1978, c.73 (C.45:1-14 et seq.);
f. enforce provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, through the issuanc