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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1550, 1987               PRINTER'S NO. 2177

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1255 Session of 2007


        INTRODUCED BY WATERS, MYERS, JOSEPHS, BLACKWELL, EACHUS,
           MANDERINO, PASHINSKI, SOLOBAY, FREEMAN, KULA, LEACH, MURT,
           EVERETT, CONKLIN, GIBBONS, KORTZ, PICKETT, STABACK, JAMES,
           SHAPIRO, CALTAGIRONE AND CURRY, MAY 10, 2007

        SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
           LICENSURE, IN SENATE, AS AMENDED, JUNE 30, 2007

                                     AN ACT

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

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 35 of the act of December 20, 1985
    14  (P.L.457, No.112), known as the Medical Practice Act of 1985, is
    15  amended by adding a subsection to read:
    16  Section 35.  Nurse-midwife license.
    17     * * *
    18     (c)  Authorization.--
    19         (1)  A nurse midwife is authorized to practice midwifery
    20     pursuant to a collaborative agreement with a physician and

     1     regulations promulgated by the board.
     2         (2)  A nurse midwife may, consistent with the midwife's    <--
     3     academic educational preparation WHO POSSESSES A MASTER'S      <--
     4     DEGREE and national certification MAY prescribe, dispense,     <--
     5     order and administer drugs, including legend drugs and
     6     Schedule II through Schedule V controlled substances,
     7     provided that the midwife demonstrates to the board that:
     8             (i)  The nurse midwife has successfully completed at
     9         least 45 hours of coursework specific to advanced
    10         pharmacology at a level above that required by a
    11         professional nursing education program.
    12             (ii)  As a condition of biennial license renewal by
    13         the board, a nurse midwife shall complete the continuing
    14         education requirement as required by the act of May 22,
    15         1951 (P.L.317, No.69), known as The Professional Nursing
    16         Law. In case of a nurse midwife who has prescriptive
    17         authority under this act, the continuing education
    18         required by The Professional Nursing Law, shall include
    19         at least 16 hours in pharmacology in that two-year
    20         period.
    21             (iii)  The nurse midwife acts in accordance with a
    22         collaborative agreement with a physician which shall at a
    23         minimum identify the categories of drugs from which the
    24         nurse midwife may prescribe or dispense and the drugs
    25         which require referral, consultation or comanagement.
    26             (iv)  The nurse midwife acts in accordance with the
    27         following restrictions:
    28                 (A)  A nurse midwife shall not prescribe,
    29             dispenses, order or administer a controlled substance
    30             except for a woman's acute pain. In the case of a
    20070H1255B2177                  - 2 -     

     1             Schedule II controlled substance, the dose shall be
     2             limited to 72 hours and shall not be extended except
     3             with the approval of the collaborating physician. In
     4             the case of a Schedule III or IV controlled
     5             substance, the prescription shall be limited to 30
     6             days and shall only be refilled with the approval of
     7             the collaborating physician.
     8                 (B)  A nurse midwife shall prescribe, dispense,
     9             order or administer psychotropic drugs only after
    10             consulting with the collaborating physician.
    11         (3)  A nurse midwife may, in accordance with a
    12     collaborative agreement with a physician and consistent with
    13     the midwife's academic educational preparation and national
    14     certification, prescribe, dispense, order and administer:
    15             (i)  Medical devices.
    16             (ii)  Immunizing agents.
    17             (iii)  Laboratory tests.
    18             (iv)  Therapeutic, diagnostic and preventative
    19         measures.
    20     (d)  Collaborative agreements.--The physician with whom a
    21  nurse midwife has a collaborative agreement shall have hospital
    22  clinical privileges in the specialty area of the care for which
    23  the physician is providing collaborative services.
    24     Section 2.  The State Board of Medicine shall promulgate
    25  regulations to implement the amendment of section 35 of the act
    26  within 12 months of the effective date of this act. The board
    27  shall report every three months on the status of the regulations
    28  to the Consumer Protection and Professional Licensure Committee
    29  of the Senate and the Professional Licensure Committee of the
    30  House of Representatives.
    20070H1255B2177                  - 3 -     

     1     Section 3.  This act shall take effect in 60 days.




















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