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68th Legislature 2023 HB 392.1
1 HOUSE BILL NO. 392
2 INTRODUCED BY J. ETCHART, E. KERR-CARPENTER, K. ZOLNIKOV, T. MOORE, J. GILLETTE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO DIRECT-ENTRY MIDWIVES;
5 EXPANDING THE ABILITY FOR DIRECT-ENTRY MIDWIVES TO OBTAIN AND ADMINISTER CERTAIN
6 PRESCRIPTION DRUGS; REQUIRING CERTAIN EDUCATION PRIOR TO THE ABILITY FOR DIRECT-
7 ENTRY MIDWIVES TO ADMINISTER DRUGS; REQUIRING DIRECT-ENTRY MIDWIVES TO ESTABLISH
8 PROTOCOLS FOR DRUG ADMINISTRATION; PROVIDING RULEMAKING AUTHORITY; AMENDING
9 SECTION 37-27-302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 1. Section 37-27-302, MCA, is amended to read:
14 "37-27-302. Administration of prescription drugs -- when prohibited -- exceptions when allowed
15 -- protocols -- rulemaking. (1) A Except as provided in subsection (2), a licensed direct-entry midwife may not
16 dispense or administer prescription drugs other than newborn vitamin K (oral or intramuscular preparations),
17 pitocin (intramuscular) postpartum, xylocaine (subcutaneous), and, in accordance with administrative rules
18 adopted by the department of public health and human services, prophylactic eye agents to newborn infants.
19 These drugs may be administered only if prescribed by a physician.
20 (2) A licensed direct-entry midwife who has successfully completed accredited courses in
21 pharmacology and intravenous therapy may, during the practice of midwifery, directly obtain and administer the
22 following:
23 (a) oxygen;
24 (b) postpartum antihemorrhagic agents, including:
25 (i) pitocin (intramuscular);
26 (ii) methylergonovine;
27 (iii) misoprostol;
28 (iv) tranexamic acid; and
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68th Legislature 2023 HB 392.1
1 (v) other postpartum antihemorrhagic drugs allowed by board rule;
2 (c) injectable local anesthetics for the repair of up to second-degree lacerations;
3 (d) antibiotics for group b streptococcus prophylaxis consistent with guidelines of the United States
4 centers for disease control and prevention;
5 (e) epinephrine administered for anaphylactic shock;
6 (f) intravenous fluids for fluid replacement and administration of approved medications;
7 (g) rho(d) immune globulin to prevent maternal immune sensitization to certain fetal blood types;
8 (h) newborn vitamin K or phytonadione (oral or intramuscular preparations);
9 (i) in accordance with administrative rules adopted by the department of public health and human
10 services, prophylactic eye agents to newborn infants; and
11 (j) medications as prescribed, including the use of devices as defined in 37-2-101.
12 (3) A licensed direct-entry midwife who administers drugs under this section must establish written
13 protocol, including but not limited to:
14 (a) procurement of prescription drugs, which must be procured from a wholesale drug distributor or
15 pharmacy supplier licensed by the board of pharmacy provided for in 2-15-1733;
16 (b) storage, inventory control, and disposal of prescription drugs; and
17 (c) use and care of prescription drugs.
18 (4) The board may adopt rules to implement this section."
19
20 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
21 - END -
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Statutes affected:
HB0392_1.pdf: 37-27-302
HB0392_2.pdf: 37-27-302
HB0392_X.pdf: 37-27-302
Amended: 37-27-302
Introduced: 37-27-302