S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1125
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, SIMON, GONZALEZ-ROJAS, EPSTEIN, FORREST,
   WOERNER, MAMDANI, MANKTELOW, STIRPE, ROSENTHAL, McMAHON, CRUZ, KELLES,
   LUPARDO,  COOK,  BICHOTTE HERMELYN,  R. CARROLL,  JACKSON,   ZINERMAN,
   MITAYNES,  LUNSFORD,  CLARK,  REYES, MEEKS, HEVESI, SEAWRIGHT, EACHUS,
   LEVENBERG, HUNTER, SHRESTHA,  ANGELINO,  GALLAHAN,  GANDOLFO,  DAVILA,
   SIMONE -- read once and referred 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00496-01-5
              

 A. 1125                             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
 A. 1125                             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  TITLE 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.
 A. 1125                             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.