Regulations of the Commissioner

Subpart 79-5, Midwifery

Effective, Octber 5, 2011

§79-5.1 Definitions. | §79-5.2 Professional study of midwifery. | §79-5.3 Professional licensing examinations. | §79-5.4 Limited permits. | §79-5.5 Prescriptive privilege.

§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 completion of a Master’s or higher degree program in midwifery or a related field acceptable to the Department which is registered by the Department pursuant to section 52.20 of this Title, accredited by an acceptable accrediting agency, or equivalent to such a registered or accredited 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 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. An applicant for licensure shall be required to satisfy the professional study of midwifery requirements set forth in section 79-5.1 of this Part before being admitted to a professional licensing examination in midwifery.
  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 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. Such a certification shall be issued to a licensed midwife who submits satisfactory evidence to the department of completion of a three-credit course in pharmacology related to the scope of practice of midwifery, including 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.


Last Updated: September 23, 2011