An Act amending the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, further providing for definitions and for midwifery.

PRINTER'S NO. 3408
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2520
Session of
2026
INTRODUCED BY VENKAT, KUZMA, CEPEDA-FREYTIZ AND TIBURCIO,
MAY 13, 2026
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 14, 2026
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 and
for midwifery.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985, 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:
* * *
"Lay midwife." A traditional midwife, direct-entry midwife,
birth worker or other similar individual who provides support to
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a pregnant individual before, during and after birth but who is
not licensed as a midwife by the board.
* * *
Section 2. Section 12 of the act is amended by adding
subsections to read:
Section 12. Midwifery.
* * *
(d) Unlawful conduct.--In addition to the conduct that
constitutes unlawful conduct under section 38, it shall be
unlawful conduct for an individual who is not licensed under
this act to:
(1) Represent or hold out that the individual is a
licensed midwife.
(2) Administer a prescription medication in the practice
of lay midwifery.
(3) Before engaging in lay midwifery with a client, fail
to obtain from the client an informed consent statement that
includes the following:
(i) A description of the individual's midwifery
education, training, continuing education and experience.
(ii) A statement that the individual is not licensed
by the State as a midwife.
(iii) A statement that it is unlawful for the
individual to administer to the client a prescription
medication in the practice of lay midwifery.
(iv) A written plan to address:
(A) Medical issues that the client may
experience during pregnancy, labor or childbirth.
(B) The transfer of the client to a licensed
health care provider or facility, if necessary.
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(v) The name and signature of the individual.
(vi) The name and signature of the client.
(vii) The date that the individual signed the
statement.
(viii) The date that the client signed the
statement.
(4) Fail to retain for at least four years a signed
statement from a client described under paragraph (3).
(e) Effect of nonlicensed status.--Except for conduct that
constitutes unlawful conduct under subsection (d), a lay midwife
who does not hold a license under this act shall not be
considered licensed or regulated by the Commonwealth.
(f) Construction.--Subsection (d)(3) and (4) shall not be
construed to compel a person to provide a patient with an
informed consent form if the person or patient is a member of a
recognized religious sect or division and is an adherent of
established tenets or teachings of the sect or division, by
which the person or patient is conscientiously opposed to modern
medical practice and licensure.
Section 3. This act shall take effect in 60 days.
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