Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Provides for independent prescriptive authority for midwives.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning midwives and amending R.S.45:10-6 and P.L.1991, c.97.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.45:10-6 is amended to read as follows:
45:10-6. If the examination is satisfactory, the board shall issue a license, signed by its president and secretary and attested by its seal, entitling the candidate to practice midwifery, but the license shall not authorize the holder to prescribe any drug or medicine, except a preparation of ergot after the birth of the head of the infant, or household remedies, [or] to attend other than cases of labor, or as authorized pursuant to section 2 of P.L.1991, c.97 (C.45:10-18). All application papers shall be deposited in the state library for at least two years, when they may be destroyed. Their contents shall be recorded in the official register of the board kept for this purpose which, or a certified copy thereof, shall be prima facie evidence of all matters therein contained.
(cf: R.S.45:10-6)
2. Section 1 of P.L.1991, c.97 (C.45:10-17) is amended to read as follows:
1. As used in this act:
"Board" means the State Board of Medical Examiners.
["Certified nurse midwife" means a certified nurse midwife registered with the board.]
"Drug" means drugs, medicine and devices, as determined by the board.
Midwife means a certified nurse midwife or a certified midwife registered with the board.
(cf: P.L.1991, c.97, s.1)
3. Section 2 of P.L.1991, c.97 (C.45:10-18) is amended to read as follows:
2. A [certified nurse] midwife who meets the qualifications pursuant to section 3 of this act may prescribe drugs [, as delineated in standing orders and practice protocols developed in agreement between a certified nurse midwife and a collaborative physician. The practice protocols shall be established in accordance with standards adopted by the board].
(cf: P.L.1991, c.97, s.2)
4. Section 3 of P.L.1991, c.97 (C.45:10-19) is amended to read as follows:
3. To qualify to prescribe drugs pursuant to section 2 of P.L.1991, c.97 (C.45:10-18), a [certified nurse] midwife shall have completed 30 contact hours, as defined by the National Task Force on the Continuing Education Unit, in pharmacology or a pharmacology course, acceptable to the board, in an accredited institution of higher education approved by the Department of Higher Education or the board. Such contact hours shall include one credit of educational programs or topics on issues concerning prescription opioid drugs, including responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.
(cf: P.L.2017, c.28, s.14)
5. Section 4 of P.L.1991, c.97 (C.45:10-20) is amended to read as follows:
4. A [certified nurse] midwife shall apply on a form prescribed by the board to obtain the authority to prescribe drugs pursuant to section 2 of this act and shall present evidence acceptable to the board of meeting the requirements of section 3 of this act.
(cf: P.L.1991, c.97, s.4)
6. Section 5 of P.L.1991, c.97 (C.45:10-21) is amended to read as follows:
5. If the board determines that a [certified nurse] midwife who is permitted to prescribe drugs pursuant to this act has violated any provisions of this act or any provision of a regulation pertaining to [certified nurse] midwives or violated any State or federal law or regulation applicable to the prescription of drugs, the board shall prohibit that [certified nurse] midwife from prescribing any drugs.
(cf: P.L.1991, c.97, s.5)
7. (New section) The State Board of Medical Examiners shall promulgate rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the provisions of this act.
8. This act shall take effect immediately.
STATEMENT
This bill expands the authority of midwives to prescribe drugs.
Under current law, a certified nurse midwife (CNM) may be authorized to prescribe drugs if the CNM has completed 30 contact hours in pharmacology, with at least one credit hour on topics or issues concerning prescription opioid drugs. A CNM who is approved to prescribe drugs is authorized to do so in accordance with standing orders and practice protocols developed in agreement between the CNM and a collaborative physician, which practice protocols are to be consistent with standards adopted by the State Board of Medical Examiners (BME). Pursuant to BME regulations, CNMs are restricted to prescribing the drugs outlined in a formulary set forth in the clinical guidelines established between the CNM and the collaborating physician, which drugs may include controlled dangerous substances. A licensed midwife is only authorized to prescribe a drug or medicine when preparing an ergot after the birth of the head of the infant, or household remedies, or to attend other than cases of labor.
This bill would revise these requirements to provide that any certified midwife may prescribe drugs, and to remove requirements that the midwife do so in accordance with standing orders and practice protocols developed in agreement with a collaborative physician. The midwife would still be required to complete 30 hours of training in pharmacology, including one credit hour on topics and issues related to prescription opioid drugs.