Midwifery

Regulations of the Commissioner

Subpart 79-5 Midwifery

§79-5.1 Definitions.

As used in this Subpart:

1. Acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation at the post-secondary level, applying its criteria for granting accreditation in a fair, consistent, and non-discriminatory manner, such as an agency recognized for these purposes by the United States Department of Education.
2. Equivalent shall mean substantially the same, as determined by the department.

§79-5.2 Professional study of midwifery.

1. To meet the professional education requirement for licensure as a midwife in this state, the applicant shall present satisfactory evidence of
   1. graduation from high school, or the equivalent; and
   2. either:
      1. completion of a degree or diploma program in registered professional nursing, registered pursuant to paragraphs (1) and (3) of subdivision (a) of section 52.12 of this Title, which contains the educational preparation for the practice of nursing as defined in paragraph (1) of subdivision (a) of section 52.20 of this Title, or an equivalent program as determined by the department and completion of a program in midwifery, registered pursuant to paragraph (1) of subdivision (b) of section 52.20 of this Title, or its equivalent as determined by the department; or
      2. completion of a program in midwifery which is either:
         1. registered by the department pursuant to paragraph (2) of subdivision (b) of section 52.20 of this Title; or
         2. determined by the department to be the equivalent of such a registered program.
2. For a curriculum that is offered by a post-secondary institution outside of New York State to be determined by the department to be the equivalent of a registered program in midwifery the curriculum shall be:
   1. recognized by the appropriate civil authorities of the jurisdiction in which the school is located as an acceptable education program for licensure as a midwife in that jurisdiction; and
   2. equivalent in scope, content, and level of study to a program registered by the department pursuant to subdivision (b) of section 52.20 of this Title. 79-5.3 Professional licensing examinations.
      1. Each candidate for licensure as a midwife shall pass an examination that is determined by the department to measure the applicant's knowledge of and judgment concerning curricular areas as defined in section 52.20(b) of this Title and other matters of law, ethics, or practice as may be deemed appropriate by the department.
      2. Education requirements for admission. Notwithstanding the provisions of section 59.2 of this Title, an applicant for licensure shall not be required to satisfy education requirements before being admitted to a professional licensing examination in midwifery. Such education requirements shall be completed prior to licensure.
      3. Grade retention. The grade retention limitations of subdivision (f) of section 59.5 of this Title shall not be applicable to a professional licensing examination in midwifery.
      4. Passing standard. The passing standard for each examination shall be determined by the State Board of Midwifery.

§79-5.3 Professional licensing examinations.

1. Each candidate for licensure as a midwife shall pass an examination that is determined by the department to measure the applicant's knowledge of and judgement concerning curricular areas as defined in section 52.20(b) of this Title and other matters of law, ethics, or practice as may be deemed appropriate by the department.
2. Education requirements for admission. Notwithstanding the provisions of section 59.2 of this Title, an applicant for licensure shall not be required to satisfy education requirements before being admitted to a professional licensing examination in midwifery. Such education requirements shall be completed prior to licensure.
3. Grade retention. The grade retention limitations of subdivision (f) of section 59.5 of this Title shall not be applicable to a professional licensing examination in midwifery.
4. Passing standard. The passing standard for each examination shall be determined by the State Board of Midwifery.

§79-5.4 Limited permits.

1. As used in this section, direct supervision shall mean that, when professional services are being rendered by the holder of a limited permit in midwifery, a supervising licensed midwife or licensed physician who meets the requirements of paragraph (2) of subdivision (b) of this section shall be on site at all times and shall be readily accessible and available to render physical assistance, as required.
2. As provided in section 6958 of the Education Law, permits limited as to eligibility, practice, and duration shall be issued by the department to eligible applicants as follows:
   1. A person who fulfills all requirements for licensure as a midwife, except that relating to the examination, shall be eligible for a limited permit as a midwife.
   2. A midwifery permittee shall be authorized to practice only under the direct supervision of a licensed midwife as prescribed in section 6958 (2) of the Education Law or a licensed physician who is board certified as an obstetrician-gynecologist by a national certifying body or a licensed physician who practices obstetrics and has obstetric privileges at a general hospital, as defined in Article 28 of the Public Health Law.
   3. An application for a limited permit in midwifery shall be submitted on a form provided by the department and shall be accompanied by the statutory fee.

§79-5.5 Special provision for midwifery licensure.

An applicant shall be licensed as a midwife provided that, prior to June 1, 1996, the applicant files an application, pays the statutory fee to the department, and submits satisfactory documentation that the applicant was certified as a nurse-midwife prior to June 1, 1996 pursuant to section 2560 of the Public Health Law.

§79-5.6 Prescriptive privilege.

Pursuant to section 6951 (2) of the Education Law, the department shall issue a certificate which authorizes a licensed midwife to prescribe and administer drugs, immunizing agents, diagnostic tests and devices, and to order laboratory tests, limited to the practice of midwifery and subject to limitations of the practice agreement as set forth in section 79-5.7 of this Subpart. Such certifications shall be issued to a licensed midwife who submits satisfactory evidence to the department of completion of a three-credit course in pharmacology that includes instruction in drug management of midwifery clients and in New York State and Federal laws and regulations relating to prescriptions and record keeping, or the satisfactory completion of equivalent course work as determined by the department.

§79-5.7 Practice agreements.

1. The written practice agreement between the midwife and the physician or the midwife and the hospital, required pursuant to section 6951 of the Education Law, shall be maintained in the practice setting of the midwife and physician or general hospital and shall be available to the department for inspection.
2. Where appropriate, the practice agreement shall identify any limits to the midwife's authority to prescribe and administer drugs, immunizing agents, diagnostic tests and devices; and to order laboratory tests consistent with section 6951 (2) of the Education Law.
3. The practice agreement shall provide for physician consultation, collaboration, referral, and emergency medical obstetrical coverage and shall include written guidelines and protocols. If the collaborating physician does not provide operative obstetrics, the practice agreement shall identify a physician with operative obstetric privileges at a general hospital, as defined in Article 28 of the Public Health Law, who will provide such services when necessary.
4. The practice agreement shall provide guidelines for identification of pregnancies which are not considered normal and address procedures to be followed in such cases. The practice agreement shall provide a mechanism for dispute resolution and shall provide that the judgment of the collaborating physician shall prevail as to whether the pregnancy, childbirth or postpartum care is normal and whether the woman is essentially healthy, in the event that the practice protocols do not provide otherwise.
5. The practice agreement shall be reviewed by the parties to the agreement at least annually. A record of the practice agreement must be maintained by the parties for at least 10 years after the amendment or termination of the agreement.