Creates Midwifery Licensing Act; modifies regulation of midwifery.

A4281

ASSEMBLY, No. 4281

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblywoman Haider

SYNOPSIS

���� Creates Midwifery Licensing Act; modifies regulation
of midwifery.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the regulation of midwives and revising
various parts of the statutory law and supplementing Title 45 of the Revised
Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)
P.L. , c.
(C. ) (pending before the Legislature
as this bill)
shall be known and may be cited as the �Midwifery
Licensing Act.�

���� 2.��� (New section)� The
Legislature finds and declares that:

���� a.���� The public interest
requires the establishment of a modern regulatory framework for the practice of
midwifery in this State.

���� b.��� Midwives play a vital
role in improving maternal and infant health.

���� c.���� Research has shown that
access to midwifery services significantly reduces the rate of maternal and
infant mortality and morbidity, particularly for vulnerable communities, yet
many of the statutory provisions governing the practice of midwifery in the State
date back to the late 19th century.

���� d.��� Midwifery practice
continues to be regulated by the State Board of Medical Examiners rather than
by an independent midwifery licensing board.

���� e.���� In light of the
expansion of midwifery practice and the urgent need to address New Jersey�s
unusually high levels of maternal and infant mortality and morbidity, it is
necessary to establish a new regulatory framework for the practice of midwifery
in this State.

���� 3.��� (New section)� As used
in P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill):

���� �Board� means the State Board
of Midwives established pursuant to section 4 of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill).

���� �Certified midwife� or �CM�
means a person who has been certified by the American Midwifery Certification
Board, or any of its successors, as a certified midwife.

���� �Certified nurse midwife� or
�CNM� means a registered nurse who has been certified by the American Midwifery
Certification Board, or any of its successors, as a certified nurse midwife.

���� �Certified professional
midwife� or �CPM� means a person who has been certified by the North American
Registry of Midwives, or any of its successors.

���� �Director� means the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety.

���� �Licensee� means any person
who holds a license from the board to practice as a midwife.

���� �Midwife� means a person
licensed by the board as a certified midwife (CM), certified nurse midwife
(CNM), or certified professional midwife (CPM).

���� �Midwifery services� means
care for childbearing persons during pre-pregnancy, pregnancy, birth, and
postpartum, the provision of gynecological care and primary preventive
reproductive care, and care for newborn infants in the early weeks of life
consistent with the midwife�s education and certification.� �Midwifery
services� shall also include, with respect to a certified midwife or a
certified nurse midwife, primary care for individuals with female reproductive
systems.

���� 4.��� (New section)� There is
created in the Division of Consumer Affairs in the Department of Law and Public
Safety the State Board of Midwifery.� The board shall consist of 11 members,
one of whom shall be a public member appointed pursuant to the provisions of
subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall
be a member of the Executive Branch appointed in fulfillment of the requirement
of subsection c. of that section; one of whom shall be a physician who is
certified by either the American Board of Obstetrics and Gynecology, the
American Osteopathic Board of Obstetrics and Gynecology, or any other
certification organization of comparable standards, or one of whom shall be a
physician who practices family medicine; and one of whom shall be a physician
who practices pediatrics.� The seven remaining members shall be midwives, at
least one of whom shall be a midwifery educator.

���� The Governor shall appoint
each member, other than the State executive department member, for terms of
three years, except that of the members first appointed, five shall serve for a
term of three years, four shall serve for terms of two years and three shall
serve for terms of one year.� Any vacancy in the membership shall be filled for
the unexpired term in the manner provided by the original appointment.� No
member of the board shall serve for more than two successive terms in addition
to any unexpired term to which the member has been appointed.� The Governor may
remove any member of the board, other than the State executive department
member who, pursuant to subsection c. of section 2 of P.L.1971, c.60
(C.45:1-2.2), serves at the pleasure of the Governor, for cause.

���� 5.��� (New section)�
Notwithstanding any law, rule, or regulation to the contrary, the members of
the board shall serve without compensation and shall not be entitled to receive
any pension or health benefits based upon their service as a board member but,
pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5), shall be reimbursed for
expenses and provided with office and meeting facilities.

���� 6.��� (New section)� a.� The
board shall organize within 30 days after the appointment of its members and
shall annually elect from among its members a chairperson and vice-chairperson.

���� b.��� The chairperson shall
preside at all board meetings and perform all duties prescribed by law or board
regulations.� The vice-chairperson shall preside if the chairperson is absent
or temporarily unable to discharge the duties of the chairperson, or the position
of chairperson becomes vacant.� The board shall meet at least once every three
months in-person, or through remote technologies, and may hold additional
meetings as necessary to discharge its duties.� A majority of the board
membership shall constitute a quorum.� The minutes of meetings, upon approval
of the board, shall constitute the official records of board meetings.

���� c.���� The board shall
promulgate rules and regulations pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).�
The provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill), except for sections 4, 5, and 6 and subsection i. of section 7,
shall remain inoperative until the first day of the sixth month next following
the promulgation by the board of the rules and regulations.

���� 7.��� (New section)� The board
shall:

���� a.���� establish and review
the qualifications of applicants for licensure;

���� b.��� recognize accrediting
entities for midwifery programs;

���� c.���� recognize national
certification entities which certify individuals to practice as certified
midwives, certified nurse midwives, and certified professional midwives;

���� d.��� issue and renew, on a
triennial basis, licenses for midwives;

���� e.���� refuse to issue an
initial license or suspend, revoke, or fail to renew a license of a midwife
pursuant to P.L.1978, c.73 (C.45:1-14 et seq.);

���� f.���� enforce provisions of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
including, but not limited to, through the issuance of penalties pursuant to
section 9 of P.L.1978, c.73 (C.45:1-22);

���� g.��� maintain a record of
each board licensee to include, but not be limited to, information regarding
the place of business, place of residence, the issuance date of the license,
the license number, and type of certification obtained by the licensee, and publish
a list, which may be online, of the names and business addresses of all
licensees annually;

���� h.��� review continuing
education hours completed by licensees as the board deems appropriate, pursuant
to section 11 of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill);

���� i.���� prescribe and change
the fees for initial licensure, licensure renewals, reactivations, and
reinstatements, and other services the board deems necessary to provide,
including services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.);

���� j.���� adopt and promulgate
rules and regulations pursuant to the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill); and

���� k.��� perform other duties as
deemed necessary by the board to effectuate the purposes of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).

���� 8.��� (New section)� a.� An
individual shall not provide midwifery services unless licensed pursuant to
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
except that nothing in P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) shall be construed to prohibit:

���� (1)�� an individual licensed
to practice pursuant to Title 45 of the Revised Statutes from engaging in the
practice or teaching for which that person is licensed, regulated, or
certified; or

���� (2)�� students enrolled in a
midwifery program, or any other health care educational program, from
performing midwifery services as part of a course of study.

���� b.��� An individual licensed
as a certified midwife or certified nurse midwife may provide midwifery
services and any other related services for which the board, by rule and
regulation, established education and experiential requirements.

���� c.���� A certified midwife and
certified nurse midwife may prescribe medications independently and to the
extent of their training, certification, and scope of practice. To qualify to
prescribe drugs pursuant to section 4 of this act, a certified midwife or a certified
nurse midwife shall have completed 30 contact hours, as defined by the National
Task Force on the Continuing Education Unit, in pharmacology or a pharmacology
course, acceptable to the board, in an accredited institution of higher
education approved by the Department of Higher Education or the board.

���� d.��� An individual licensed
as a certified professional midwife may provide midwifery and other related
services to the full scope of the individual�s license, pursuant to the
credentialing requirements established by the board for certified professional
midwives.

���� e.���� The board shall
establish, by rules and regulations, a formulary of medications giving a
certified professional midwife the authority to procure, dispense, and
administer such medications in the normal course of the individual�s work as a
licensed midwife

���� f.���� A certified midwife,
certified nurse midwife, and certified professional midwife may work in any
setting for which the midwife is trained and qualified, including, hospitals,
clinics, patients� homes, or birthing centers

���� g.��� A licensed midwife shall
be authorized to sign paperwork for Temporary Disability Insurance benefits,
granted under the Temporary Disability Benefits Law P.L.1948, c.110 (C.43:21-25
et seq.), and for Family Leave Insurance benefits, granted under the New Jersey
Family Leave Act P.L.1989, c.261 (34:11B-1 et seq.).

���� 9.��� (New section)� To be
eligible for licensure as a midwife, an applicant shall be at least 18 years of
age and submit:

���� a.���� a completed
application, in a form and manner as determined by the board;

���� b.��� an official transcript
demonstrating successful completion of a midwifery program accredited by an
entity identified and recognized by the board;

���� c.���� a copy of certification
from a national certifying entity recognized by the board;

���� d.��� payment of fees, as
required by the board; and

���� e.���� any other information
deemed necessary, as determined by the board.

���� 10.� (New section)� a.� In
order to maintain licensure as a midwife, the CNM/CM licensee must maintain
certification through the American Midwifery Certification Board (AMCB) (or its
successor(s)).

���� b.��� In order to maintain
licensure as a midwife, the CPM licensee must maintain certification through
the North American Registry of Midwives (NARM) (or its successor(s)).

���� c.���� As a condition of
licensure renewal, the board shall require each individual licensed as a
midwife, pursuant to section 7 of
P.L.
, c. (C. )

(pending before the Legislature as this bill), to complete continuing education
requirements in accordance with the respective credentialing body for each
level of certification, which is to include training from an educational
program in

explicit and implicit bias as
required pursuant to subsection b. of section 1 of 2 P.L.1991, c.97
(C.26:2H-12.108)

���� d.��� The board may, in its
discretion, waive requirements for continuing education for a licensee if

the licensee can demonstrate a
hardship, including, but not limited to, a disability, military service or
deployment, or other good cause.

���� 11. Section 2 of P.L.1991,
c.97 (C.45:10-18) is amended to read as follows:

���� 2.��� A certified nurse
midwife
or certified midwife
who meets the qualifications pursuant to
section 4 of this act may prescribe, order, dispense, and administer drugs and
medical devices, including controlled dangerous substances, consistent with the
education and certification of a certified nurse midwife or certified midwife,
and in accordance with applicable law.

(cf: P.L.1991, c.97, s.2)

���� 12.� Section 3 of P.L.1991,
c.97 (C.45:10-19) is amended to read as follows:

���� 3.��� To qualify to prescribe
drugs pursuant to section 2 of P.L.1991, c.97 (C.45:10-18)
a certified
midwife,
or a certified nurse midwife shall have completed 30 contact
hours, as defined by the

National Task Force on the
Continuing Education Unit, in pharmacology or a pharmacology course, acceptable
to the board, in an accredited institution of higher education approved by the
Department of Higher Education or the board.

(cf: P.L.2017, c.28, s.14)

���� 13.� Section 4 of P.L.1991,
c.97 (C.45:10-20) is amended to read as follows:

���� 4.��� A
certified midwife
or
certified nurse midwife shall apply on a form prescribed by the board to
obtain the authority to prescribe drugs pursuant to section 2 of
[
this act
]
P.L.1991,
c.97 (C.45:10- 18) and shall present evidence acceptable to the board of
meeting the requirements of section 3 of
[
this
act
]

P.L.1991, c.97 (C.45:10- 19).

(cf: P.L.1991, c.97, s.4)

���� 14. Section 5 of P.L.1991,
c.97 (C.45:10-21) is amended to read as follows:

���� 5.��� If the board determines
that a certified midwife
or a certified nurse midwife
who is permitted
to prescribe drugs pursuant to
[
this
act
]

P.L.1991,
c.97 (C.45:10-17 et seq.)
has violated any provisions of
[
this act
]
P.L.1991,
c.97 (C.45:10-17 et seq.)
or any provision of a regulation pertaining to
certified midwives or certified nurse midwives or violated any State or federal
law or regulation applicable to the prescription of drugs, the board shall
prohibit that certified midwife or certified nurse midwife from prescribing any
drugs.

(cf: P.L.1991, c.97, s.5)

���� 15.� (New section)� a.� Any
person who is licensed as a certified midwife, certified nurse midwife,

or certified professional midwife,
pursuant to R.S.45:10-6, on the effective date of
P.L.
, c. (C. )
(pending
before the Legislature as this bill) shall be licensed at the same level under
and subject to the provisions of P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill).

���� b.��� Any certified nurse
midwife who is authorized to prescribe drugs pursuant to section 4 of P.L.1991,
c.97 (C.45:10-20) on the effective date of
P.L.
, c. (C. )
(pending
before the Legislature as this bill) shall be authorized to prescribe drugs
under and subject to the provisions of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).

���� 16. Section 1 of P.L.1971,
c.60 (C.45:1-2.1) is amended to read as follows:

���� 1. The provisions of this act
shall apply to the following boards and commissions: the New Jersey State Board
of Accountancy, the New Jersey State Board of Architects, the New Jersey State
Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical
Contractors, the New Jersey State Board of Dentistry, the State Board of
Mortuary Science of New Jersey, the State Board of Professional Engineers and
Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the
State Board of Medical Examiners, the New Jersey Board of Nursing, the New
Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic
Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board
of Professional Planners, the State Board of Psychological Examiners, the State
Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission,
the State Board of Court Reporting, the State Board of Veterinary Medical
Examiners, the Radiologic Technology Board of Examiners, the Acupuncture
Examining Board, the State Board of Chiropractic Examiners, the State Board of
Respiratory Care, the State Real Estate Appraiser Board, the State Board of
Social Work Examiners, the State Board of Examiners of Heating, Ventilating,
Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and
Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy
Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey
Cemetery Board, the State Board of Polysomnography, the New Jersey Board of
Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the
State Board of Dietetics and Nutrition,
the State Board of Midwifery,
and
any other entity hereafter created under Title 45 to license or otherwise
regulate a profession or occupation.

(cf: P.L.2019, c.331, s.16)

���� 17.� Section 1 of P.L.1974,
c.46 (C.45:1-3.1) is amended to read as follows:

���� 1.��� The provisions of this
act shall apply to the following boards and commissions: the New Jersey State
Board of Accountancy, the New Jersey State Board of Architects, the New Jersey
State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical
Contractors, the New Jersey State Board of Dentistry, the State Board of
Mortuary Science of New Jersey, the State Board of Professional Engineers and
Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the
State Board of Medical Examiners, the New Jersey Board of Nursing, the New
Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic
Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board
of Professional Planners, the State Board of Psychological Examiners, the State
Board of Examiners of Master Plumbers, the State Board of Court Reporting, the
State Board of Veterinary Medical Examiners, the Radiologic Technology Board of
Examiners, the Acupuncture Examining Board, the State Board of Chiropractic
Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser
Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners,
the State Board of Examiners of Heating, Ventilating, Air Conditioning and
Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway
Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the
State Board of Polysomnography, the Orthotics and Prosthetics Board of
Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic
Counseling Advisory Committee, the State Board of Dietetics and Nutrition,
the
State Board of Midwifery,
and any other entity hereafter created under
Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2019, c.331, s.17)

���� 18.� Section 2 of P.L.1978,
c.73 (C.45:1-15) is amended to read as follows:

���� 2.��� The provisions of this
act shall apply to the following boards and all professions or occupations
regulated by, through or with the advice of those boards: the New Jersey State
Board of Accountancy, the New Jersey State Board of Architects, the New Jersey
State Board of Cosmetology and Hairstyling, the Board of Examiners of
Electrical Contractors, the New Jersey State Board of Dentistry, the State
Board of Mortuary Science of New Jersey, the State Board of Professional
Engineers and Land Surveyors, the State Board of Marriage and Family Therapy
Examiners, the State Board of Medical Examiners, the New Jersey Board of
Nursing, the New Jersey State Board of Optometrists, the State Board of
Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of
Pharmacy, the State Board of Professional Planners, the State Board of
Psychological Examiners, the State Board of Examiners of Master Plumbers, the
State Board of Court Reporting, the State Board of Veterinary Medical
Examiners, the State Board of Chiropractic Examiners, the State Board of
Respiratory Care, the State Real Estate Appraiser Board, the State Board of
Social Work Examiners, the State Board of Examiners of Heating, Ventilating,
Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and
Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy
Examiners, the State Board of Polysomnography, the Professional Counselor
Examiners Committee, the New Jersey Cemetery Board, the Orthotics and
Prosthetics Board of Examiners,

the Occupational Therapy Advisory
Council, the Electrologists Advisory Committee, the Acupuncture Advisory
Committee, the Alcohol and Drug Counselor Committee, the Athletic Training
Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire
Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection
Advisory Committee, the Interior Design Examination and Evaluation Committee,
the Hearing Aid Dispensers Examining Committee, the Perfusionists Advisory
Committee, the Physician Assistant Advisory Committee, the Audiology and
Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage
and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State
Board of Dietetics and Nutrition,
the State Board of Midwifery,
and any
other entity hereafter created under Title 45 to license or otherwise regulate
a profession or occupation.

(cf: P.L.2019, c.331, s.19)

���� 19. Section 1 of P.L.2002,
c.104 (C.45:1-28) is amended to read as follows:

���� 1. As used in this act:

���� �Applicant� means an applicant
for the licensure or other authorization to engage in a health care profession.

���� �Board� means a professional
and occupational licensing board within the Division of Consumer Affairs in the
Department of Law and Public Safety.

���� �Director� means the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety.

���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety.

���� �Health care professional�
means a health care professional who is licensed or otherwise authorized,
pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health
care profession that is regulated by one of the following boards or by the
Director of the Division of Consumer Affairs: the State Board of Medical
Examiners, the New Jersey Board of Nursing, the New Jersey State Board of
Dentistry, the New Jersey State Board of Optometrists, the New Jersey State
Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture
Examining Board, the State Board of Physical Therapy, the State Board of
Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State
Board of Psychological Examiners, the State Board of Social Work Examiners, the
State Board of Veterinary Medical Examiners, the State Board of Examiners of
Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and
Speech-Language Pathology Advisory Committee, the State Board of Marriage and
Family Therapy Examiners, the Occupational Therapy Advisory Council, the
Certified Psychoanalysts Advisory Committee,
the State Board of Midwifery,

or the State Board of Polysomnography.� Health care professional shall not
include a nurse aide or personal care assistant who is required to undergo a
criminal history record background check pursuant to section 2 of P.L.1997,
c.100 (C.26:2H-83) or a homemaker-home health aide who is required to undergo a
criminal history record background check pursuant to section 7 of P.L.1997,
c.100 (C.45:11-24.3).

���� �Licensee� means an individual
who has been issued a license or other authorization to practice a health care
profession.

(cf: P.L.2005, c.244, s.17)

���� 20.� Section 9 of P.L.2005,
c.83 (C.45:1-34) is amended to read as follows:

���� 9.��� As used in sections 9
through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and
C.26:2H-12.2d and C.45:1- 40):

���� �Board� means a professional
and occupational licensing board within the Division of Consumer Affairs in the
Department of Law and Public Safety which licenses or otherwise authorizes a
health care professional to practice a health care profession.

���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety;

���� �Health care entity� means a
health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.),
a health maintenance organization authorized to operate pursuant to P.L.1973,
c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated
pursuant to P.L.1997, c.192 (C.26:2S- 1 et seq.), a State or county psychiatric
hospital, a State developmental center, a staffing registry, and a home care
services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23).

���� �Health care professional�
means a person licensed or otherwise authorized pursuant to Title 45 or Title
52 of the Revised Statutes to practice a health care profession that is
regulated by the Director of the Division of Consumer Affairs or by one of the
following boards: the State Board of Medical Examiners, the New Jersey Board of
Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of
Optometrists, the New Jersey State Board of Pharmacy, the State Board of
Chiropractic Examiners, the Acupuncture Examining Board, the State Board of
Physical Therapy, the State Board of Respiratory Care, the Orthotics and
Prosthetics Board of Examiners, the State Board of Psychological Examiners, the
State Board of Social Work Examiners, the State Board of Veterinary Medical
Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic
Technicians, the Audiology and Speech-Language Pathology Advisory Committee,
the State Board of Marriage and Family Therapy Examiners, the Occupational
Therapy Advisory Council,
the State Board of Midwifery,
and the
Certified

Psychoanalysts Advisory Committee.

���� �Licensee� means an individual
who has been issued a license or other authorization to practice a health care
profession.

���� �Review panel� means the
Medical Practitioner Review Panel established pursuant to section 8 of P
.L.1989, c.300 (C.45:9 -19.8). (cf: P.L.2005, c.83, s.9)

���� 21.� R.S.45:9-1 is amended to
read as follows:

���� 45:9-1. The State Board of
Medical Examiners, hereinafter in this chapter designated as the �board� shall
consist of 21 members, one of whom shall be the Commissioner of Health, or the
commissioner�s designee, three of whom shall be public members and one an executive
department designee as required pursuant to section 2 of P.L.1971, c.60
(C.45:1-2.2), and 16 of whom shall be persons of recognized professional
ability and honor, and shall possess a license

to practice their respective
professions in New Jersey, and all of whom shall be appointed by the Governor
in accordance with the provisions of section 2 of P.L.1971, c.60 (C.45:1-2.2);
provided, however, that said board shall consist of 12 graduates of schools of
medicine or osteopathic medicine who shall possess the degree of M.D. or D.O.�
The number of osteopathic physicians on the board shall be a minimum of, but
not limited to, two members.� In addition the membership of said board shall
comprise: one podiatric physician who does not possess a license to practice in
any other health care profession regulated under Title 45 of the Revised
Statutes; one physician assistant;
one licensed midwife;
and one
licensed bio- analytical laboratory director, who may or may not be the holder
of a degree of M.D.� The term of office of members of the board hereafter
appointed shall be three years or until their successors are appointed.� A
member is eligible for reappointment for one additional term of office, but no
member shall serve more than two consecutive terms of office. Said appointees
shall, within 30 days after receipt of their respective commissions, take and
subscribe the oath or affirmation prescribed by law and file the same in the
office of the Secretary of State.

(cf: P.L.2013, c.253, s.35)

���� 22.� R.S.45:10-1 through
R.S.45:10-8 and R.S.45:10-16 are repealed.

���� 23. This act shall take effect
immediately but remain inoperative, except for sections 4, 5, and 6 and
subsection j. of 6 section 7, until such time as provided in section 6. The
director and the board may take such anticipatory administrative action in advance
thereof as shall be necessary for implementation of
P.L.
, c. (C. )
(pending
before the Legislature as this bill).

STATEMENT

���� This bill modifies current law
regulating midwives.� Specifically, the bill repeals the current law requiring
approval for licensure of midwives by the State Board of Medical Examiners and
establishes a State Board of Midwifery.� Under the bill, a board of 11 members,
seven of whom are to be midwives, is created to oversee the licensure of
certified midwives (CMs), certified nurse midwives (CNMs), and certified
professional midwives (CPMs).

����� The bill:

����� 1)�� delineates the
responsibilities of the board, which include the approval of licensure
applications, and recognition of entities accrediting midwifery certification
programs and national entities issuing the certifications;

����� 2)�� reviews, as deemed
appropriate, the� continuing education hours completed by licensees based on
levels of certification;

����� 3)�� requires applicants to
meet certain standards to qualify for a license; and

����� 4)�� authorizes the State
Board of Midwifery to grant individuals currently licensed as a CM, CNM, or CPM
by the State Board of Medical Examiners a license at that same level.

����� Under the bill, the
Department of Banking and Insurance is to require medical malpractice insurance
providers authorized to provide insurance in New Jersey to cover certified
professional midwives.� Additionally, health insurance carriers authorized to
provide coverage in the State are to cover home births if an individual is
approved to have a home birth.

����� The bill stipulates that
licensees are to complete continuing education credits in accordance with the
respective credentialing body for each level of certification, which is to
include at least one hour on implicit and explicit bias, and if a licensee is
authorized to prescribe drugs.� The board may, in its discretion, waive
requirements for continuing education for a licensee if the licensee can
demonstrate a hardship, including, but not limited to, a disability, military
service or deployment, or other good cause.� Moreover, the bill reinstates a
licensed midwife as a member of the State Board of Medical Examiners.