63 Pa. Stat. § 422.35

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 422.35 - Nurse-midwife license
(a) General rule.--A nurse-midwife license empowers the licensee to practice midwifery in this Commonwealth as provided in this act. The board shall formulate and issue such rules and regulations, from time to time, as may be necessary for the examination, licensing and proper conduct of the practice of midwifery.
(b) Requirements.--No nurse-midwife license will be issued unless the applicant is a registered nurse licensed in this Commonwealth. An applicant for a midwife license must have completed an academic and clinical program of study in midwifery which has been approved by the board or an accrediting body recognized by the board.
(c) Authorization.--
(1) A nurse-midwife is authorized to practice midwifery pursuant to a collaborative agreement with a physician and regulations promulgated by the board.
(2) A nurse-midwife who possesses a master's degree or its substantial equivalent and national certification may prescribe, dispense, order and administer drugs, including legend drugs and Schedule II through Schedule V controlled substances, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, provided that the nurse-midwife demonstrates to the board that:
(i) The nurse-midwife has successfully completed at least 45 hours of coursework specific to advanced pharmacology at a level above that required by a professional nursing education program.
(ii) As a condition of biennial license renewal by the board, a nurse-midwife shall complete the continuing education requirement as required by the act of May 22, 1951 (P.L. 317, No. 69), known as The Professional Nursing Law. In case of a nurse-midwife who has prescriptive authority under this act, the continuing education required by The Professional Nursing Law shall include at least 16 hours in pharmacology in that two-year period.
(iii) The nurse-midwife acts in accordance with a collaborative agreement with a physician which shall at a minimum identify the categories of drugs from which the nurse-midwife may prescribe or dispense and the drugs which require referral, consultation or comanagement.
(iv) The nurse-midwife acts in accordance with the following restrictions:
(A) A nurse-midwife shall not prescribe, dispense, order or administer a controlled substance except for a woman's acute pain. In the case of a Schedule II controlled substance, the dose shall be limited to 72 hours and shall not be extended except with the approval of the collaborating physician. In the case of a Schedule III or IV controlled substance, the prescription shall be limited to 30 days and shall only be refilled with the approval of the collaborating physician.
(B) A nurse-midwife shall prescribe, dispense, order or administer psychotropic drugs only after consulting with the collaborating physician.
(3) A nurse-midwife may, in accordance with a collaborative agreement with a physician and consistent with the nurse-midwife's academic educational preparation and national certification, prescribe, dispense, order and administer:
(i) Medical devices.
(ii) Immunizing agents.
(iii) Laboratory tests.
(iv) Therapeutic, diagnostic and preventative measures.
(d) Collaborative agreements.--The physician with whom a nurse-midwife has a collaborative agreement shall have hospital clinical privileges in the specialty area of the care for which the physician is providing collaborative services.

63 P.S. § 422.35

1985, Dec. 20, P.L. 457, No. 112, § 35, effective 1/1/1986. Amended 2007, July 20, P.L. 324, No. 50, §2, effective in 60 days [ 9/18/2007].