New York Midwifery Law

6951.  Definition of practice of midwifery.

1.     The practice of the profession of midwifery is defined as the management of normal pregnancies, child birth and postpartum care as well as primary preventive reproductive health care of essentially healthy women as specified in the written practice agreement, and shall include newborn evaluation, resuscitation and referral for infants. Midwifery shall be practiced in accordance with a written agreement between the midwife and (i) a licensed physician who is board certified as an obstetrician-gynecologist by a national certifying body or (ii) a licensed physician who practices obstetrics  and has obstetric privileges at a general hospital (licensed under  article twenty-eight of the public health law) or (iii) a hospital (licensed under article twenty-eight of the public health law) that provides obstetrics through a licensed physician having obstetrical privileges at such institution.   The written agreement shall provide for physician consultation,  collaboration, referral and emergency medical obstetrical coverage, and shall include written guidelines and protocols. The written agreement shall provide guidelines for the identification of pregnancies that are not considered normal and address the procedures to be followed. The written agreement shall also provide a mechanism for dispute resolution and shall provide that the judgment of the appropriate physician shall prevail as to whether the pregnancy, childbirth or postpartum care is normal and whether the woman is essentially healthy in the event the practice protocols do not provide otherwise.

2.     A licensed midwife shall have the authority, as necessary, and limited to the practice of midwifery, and subject to limitations in the written agreement, to prescribe and administer drugs, immunizing agents, diagnostic tests and devices, and to order laboratory tests, as established by the board in accordance with the commissioner's regulations. A midwife shall obtain a certificate from the department upon successfully completing a program including a pharmacology component, or its equivalent, as established by the commissioner's regulations prior to prescribing under this section. 

3.     Any reference to midwifery, midwife, certified nurse-midwifery or certified nurse-midwife, nurse-midwifery or nurse-midwife under the provisions of this article, this chapter or any other law, shall refer to and include the profession of midwifery and a licensed midwife, unless the context clearly requires otherwise.

 

6952. Practice of midwifery. Only a person licensed or exempt under this article or authorized by any other section of law shall practice midwifery.


General Requirements

Any use of the title "Midwife" within New York State requires licensure. To be licensed as a Midwife in New York State you must:

  • be of good moral character
  • be at least 21 years of age
  • meet education and examination requirements
  • be a United States citizen or an alien lawfully admitted for permanent residence in the United States (INS I-551 Status/"Green Card")

You must submit an application for licensure and the other forms indicated, along with the appropriate fee, to the Office of the Professions at the address specified on each form. It is your responsibility to follow up with anyone you have asked to send us material.

The specific requirements for licensure are contained in Title 8, Article 140, Section 6955 of New York's Education Law and Subpart 79-5 of the Commissioner's Regulations. Copies of both the NYS Education Law and the Commissioner's Regulations are available upon request from the Forms Management Unit at opforms@mail.nysed.gov or (518) 474-3817 ext. 320.


Fees

The licensure fee is $295.

The limited permit fee is $70.

Fees are subject to change. The fee due is the one in law when your application is received (unless fees are increased retroactively). You will be billed for the difference if fees have been increased.

  • Do not send cash.
  • Make your personal check or money order payable to the New York State Education Department. Your cancelled check is your receipt.
  • Mail your application and fee to:

    NYS Education Department
    Office of the Professions
    Division of Professional Licensing Services
    Fee Section
    89 Washington Avenue
    Albany, NY 12234-1000.

Please Note: Payment submitted from outside the United States should be made by check or draft on a United States bank and in United States currency; payments submitted in any other form will not be accepted and will be returned.

Partial Refunds

Individuals who withdraw their licensure application may be entitled to a partial refund.

  • For the procedure to withdraw your application, contact the Midwifery Unit at opunit2@mail.nysed.gov or (518) 474-3817 ext. 260, or fax (518) 402-2323.
  • The State Education Department is not responsible for any fees paid to an outside testing or credentials verification agency.

If you withdraw your application, obtain a refund, and then decide to seek New York State licensure at a later date, you will be considered a new applicant, and you will be required to pay the licensure and registration fees and meet the licensure requirements in place at the time you reapply.


Education Requirements

To meet the education requirement for licensure as a midwife in New York State, you must present satisfactory evidence of graduation from high school or the equivalent and either a or b below:

  1. Completion of a degree or diploma program in registered professional nursing or the equivalent as outlined in the Regulations of the Commissioner of Education and completion of a program in midwifery registered with the New York State Education Department or determined by this Department to be equivalent which leads to a baccalaureate degree or higher academic credential and includes educational preparation for the practice of midwifery and additional courses in related basic and clinical sciences, or
  2. Completion of a midwifery program registered by this Department or determined by this Department to be equivalent which leads to a baccalaureate degree or higher academic credential and includes educational preparation for the practice of nursing and educational preparation for the practice of midwifery and additional courses in appropriate related basic and clinical sciences.

If you are a graduate of a midwifery education program after December 1995 accredited by the American College of Nurse Midwives Division of Accreditation, your program will satisfy the education requirement for licensure. Applicants who graduated from programs accredited by the American College of Nurse Midwives Division of Accreditation prior to 1996 may be required to take additional courses, such as pharmacology, to meet the education requirement for licensure.

To be considered equivalent, programs must be equivalent in scope, content, and level of study to a registered program and must include the following professional studies:

  • Educational preparation for the practice of nursing means completing courses and supervised clinical experiences that include, but are not limited to, the following:

    • Technical health care skills;
    • Maternity, pediatric, medical, surgical, psychiatric, and mental health care;
    • Nutrition;
    • Pharmacology;
    • Ethics; and
    • Biological, physical, and social sciences supportive to health care.

  • Educational preparation for the practice of midwifery means completing courses and supervised clinical experiences that include, but are not limited to, the following:

    • Preconceptional, antepartum, intrapartum, and postpartum care;
    • Physical assessment, diagnosis, and treatment of actual or potential health problems of women;
    • Well-woman care;
    • Neonatal care;
    • Family planning and gynecological care;
    • Professional, legal, and ethical aspects of midwifery practice;
    • Areas of nutrition related to the practice of midwifery; and
    • A pharmacology component that includes instruction in drug management of midwifery clients.

Prescriptive privilege

An applicant who satisfies all requirements for licensure as a midwife may be authorized1 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, after providing evidence of:

  • completion of a three-credit course in pharmacology that includes instruction in drug management of midwifery clients, and
  • completion of instruction 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.
1New York State Education Law, Section 6951(2)

If your midwifery program did not include the required three-semester hour course or the equivalent in pharmacology, you should contact an accredited midwifery program for information about completing a satisfactory course.

If your midwifery program was located outside New York State or if your program in New York State did not include the law component, contact the Nurse Practitioner Association New York State, 12 Corporate Drive, Clifton Park, NY 12065, telephone (518) 348-0719, for information about the component relating to New York State and Federal laws related to prescriptions and record keeping.

After your license with prescriptive privilege is issued, you should contact the U.S. Department of Justice, Drug Enforcement Administration (DEA), at 1 (800) 882-9539 for information about obtaining a DEA number.


Examination Requirements

To meet the examination requirement for licensure as a midwife in New York State, an applicant must pass the examination developed and administered by the American College of Nurse Midwives Certification Council (ACC). Results of the examination must be forwarded directly to the Division of Professional Licensing Services of the State Education Department from the ACC.

Information and applications for the examination are available from:

ACNM Certification Council, Inc.
8201 Corporate Drive, Suite 550
Landover, MD 20785
Phone: 301-459-1321
Fax: 301-731-7825
E-mail: acnmcertcn@aol.com
Web: www.accmidwife.org

Reasonable Testing Accommodations

Applicants with disabilities seeking reasonable testing accommodations must provide required documentation to the ACNM Certification Council no later than the examination application filing deadline. See above for contact information.


Limited Permits

If you have met all other requirements for licensure in New York State but have not yet passed the examination, a limited permit to practice midwifery may be issued for one year. An application for a limited permit may be submitted either together with or after submitting an application for a license as a midwife in New York State. A limited permit authorizes practice as a midwife under the direct supervision of a New York State licensed and currently registered midwife or physician.


State Board of Midwifery

Questions regarding practice of this profession may be directed to the office of the State Board:

Lawrence H. Mokhiber, Executive Secretary
State Board of Midwifery
State Education Building - 2nd floor
89 Washington Avenue
Albany, New York 12234-1000
(518) 474-3817 ext. 130
midwifbd@mail.nysed.gov

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Updated 8-28-2003

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