Pennsylvania Act 2026-14 — MEDICAL PRACTICE ACT OF 1985 - MIDWIFERY, NURSE-MIDWIFE LICENSE AND CERTIFIED MIDWIFE LICENSE

Act text

Session of 2026

No. 2026-14

SB 507

AN ACT

Amending the act of December 20, 1985 (P.L.457, No.112), entitled "An act relating to the right to practice medicine and surgery and the right to practice medically related acts; reestablishing the State Board of Medical Education and Licensure as the State Board of Medicine and providing for its composition, powers and duties; providing for the issuance of licenses and certificates and the suspension and revocation of licenses and certificates; provided penalties; and making repeals," further providing for definitions, for midwifery and for nurse-midwife license; and providing for certified midwife license.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The definitions of "medical training facility" and "midwife or nurse-midwife" in section 2 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, are amended and the section is amended by adding a definition to read:

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"Medical training facility." A medical college, hospital or other institution which provides courses in the art and science of medicine and surgery and related subjects for the purpose of enabling a matriculant to qualify for a license to practice medicine and surgery, graduate medical training, [midwife] nurse-midwife or certified midwife certificate or physician assistant license.

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["Midwife or nurse-midwife." An individual who is licensed as a midwife by the board.]

"Midwife." An individual who is licensed as a nurse-midwife under section 35 or a certified midwife under section 35.1 by the board.

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Section 2. Sections 12(b) and 35(c)(1), (2)(iii) and (iv) and (3) introductory paragraph and (d) of the act are amended to read:

Section 12. Midwifery.

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(b) Use of title.--A [midwife may] nurse-midwife and a certified midwife may also use the title midwife[, nurse-midwife] or an appropriate abbreviation of [those titles] the title .

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Section 35. Nurse-midwife license.

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(c) Authorization.--

(1) A nurse-midwife is authorized to practice midwifery pursuant to a collaborative agreement with a physician or physician group 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:

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(iii) The nurse-midwife acts in accordance with a collaborative agreement with a physician or physician group 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[.] , for a woman's medication for treatment of opioid use disorder or for primary gynecologic health conditions. The following shall apply:

(I) 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] a collaborating physician.

(II) 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] a collaborating physician.

(B) A nurse-midwife shall prescribe, dispense, order or administer psychotropic drugs only after consulting with [the] a collaborating physician.

(C) A nurse-midwife, when working with a physician or physician group , may perform and sign the initial assessment of methadone treatment evaluations in accordance with Federal and State law and regulations, subject to the requirement that any order for methadone treatment shall only be made by a physician.

(3) A nurse-midwife may, in accordance with a collaborative agreement with a physician or physician group and consistent with the nurse-midwife's academic educational preparation and national certification, prescribe, dispense, order and administer:

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(d) Collaborative agreements.--The physician or physician group 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 or physician group is providing collaborative services.

Section 3. The act is amended by adding a section to read:

Section 35.1. Certified midwife license.

(a) License.--A certified midwife license shall authorize the licensee to practice midwifery in this Commonwealth as provided in this act. The board shall promulgate regulations as may be necessary for the examination, licensure and proper conduct of the practice of midwifery within two years of the effective date of this subsection.

(b) Requirements.--An applicant for a certified midwife license shall have completed an academic and clinical program of study in midwifery that has been approved by the board or by an accrediting body recognized by the board.

(c) Authorization.--

(1) A certified midwife may practice midwifery pursuant to a collaborative agreement with a physician or physician group and regulations promulgated by the board.

(2) A certified 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, if the certified midwife complies with all of the following:

(i) The certified midwife shall demonstrate to the board that the certified midwife has successfully completed at least 45 hours of coursework specific to advanced pharmacology during the individual's midwifery education.

(ii) As a condition of biennial license renewal, the certified midwife shall, in the two years prior to renewal, complete at least 30 hours of continuing education approved by the board. In the case of a certified midwife with prescriptive authority under this act, the 30 hours of continuing education shall include at least 16 hours in pharmacology. Beginning with the license period designated by regulation, licensees shall be required to complete 30 hours of mandatory continuing education during each two-year license period. Nationally certified education courses shall be considered creditable, in addition to any other courses the board deems creditable toward meeting the requirements for continuing education. An individual applying for initial licensure in this Commonwealth shall be exempt from the continuing education requirement for the biennial renewal period following initial licensure.

(iii) The certified midwife shall act in accordance with a collaborative agreement with a physician or physician group, which shall at a minimum identify the categories of drugs from which the certified midwife may prescribe or dispense and the drugs which require referral, consultation or comanagement.

(iv) The certified midwife shall act in accordance with the following:

(A) The certified midwife may not prescribe, dispense, order or administer a controlled substance, except for a woman's acute pain, for a woman's medication for treatment of opioid use disorder or for primary gynecologic health conditions. The following shall apply:

(I) 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 a collaborating physician.

(II) 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 a collaborating physician.

(B) The certified midwife shall prescribe, dispense, order or administer psychotropic drugs only after consulting with a collaborating physician.

(C) The certified midwife, when working with a physician or physician group, may perform and sign the initial assessment of methadone treatment evaluations in accordance with Federal and State law and regulations, subject to the requirement that any order for methadone treatment shall only be made by a physician.

(3) A certified midwife may, consistent with the certified 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 or physician group with whom a certified midwife has a collaborative agreement shall have hospital clinical privileges in the specialty area of the care for which the physician or physician group is providing collaborative services.

(e) Mcare Act.--A certified midwife licensed under this section shall be subject to the same provisions as a certified nurse-midwife under the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act.

Section 4. Nothing in this act shall be construed to authorize or prohibit the practice of lay midwives, direct-entry midwives or other unlicensed birth workers who do not hold a license under this act. A lay midwife, direct-entry midwife or other unlicensed birth worker who does not hold a license under this act shall not be considered licensed or regulated by the Commonwealth.

Section 5. This act shall take effect in 60 days.

APPROVED--The 6th day of May, A.D. 2026.

JOSH SHAPIRO