Adopted Amendments: N.J.A.C. 13:35-2A.4 and 2A.14

Certified Midwives: Application for Licensure; Prescriptive Authorization

Proposed: June 1, 2009 at 41 N.J.R. 2204(a).

Adopted: September 9, 2009 by the State Board of Medical Examiners, Paul Mendelowitz, M.D., President.

Filed: May 19, 2010 as R.2010 d.099, with a technical change not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).

Authority: N.J.S.A. 45:9-2 and 45:10-22.

Effective Date: June 21, 2010.

Expiration Date: Pursuant to Executive Order No. 1 (2010), the expiration date of N.J.A.C. 13:35 is extended from March 17, 2010, until the completion of the review of administrative regulations and rules by the Red Tape Review Group, and until such time as the extended regulation or rule is readopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

Federal Standards Statement

A Federal standards statement is not required because there are no Federal standards or requirements applicable to the requirements of the adopted amendments.

Summary of Agency-Initiated Change:

During review of the proposed new rule N.J.A.C. 13:35-2A.14 prior to adoption, the Board discovered a typographical error in subsection (b). The notice of proposal referred to "graduation from a midwifery course." This reference should have been to the entire midwifery program, not a midwifery course. The Board is changing N.J.A.C. 13:35-2A.14 upon adoption to correct this typographical error.

Full text of the adoption follows (addition to proposal indicated in boldface with asterisks *thus* ; deletion from proposal indicated in brackets with asterisks *[thus]*):

SUBCHAPTER 2A. LIMITED LICENSES: MIDWIFERY

13:35-2A.4 Application for licensure

(a) An applicant for licensure as a midwife shall submit to the Committee:

1.-2. (No change.)

3. An official transcript from a midwifery program, accredited by the ACNM, ACC or the Midwifery Education Accreditation Council (MEAC), or their successors;

4.-7. (No change.)

(b) (No change.)

13:35-2A.14 Prescriptive authorization

(a) A CNM who is licensed with the Board of Medical Examiners may apply for authorization to prescribe drugs (as used within this section, the term "drugs" shall include drugs, medicine and devices). The CNM shall make application on forms prescribed by the Board and shall demonstrate:

1.-2. (No change.)

3. Evidence of satisfactory completion of a minimum of 30 contact hours in pharmacology, which included instruction in fundamentals of pharmacology and therapeutics, including principles and terminology of pharmaco-dynamics and pharmaco-kinetics, which was either:

i. Part of the midwifery program the CNM completed pursuant to N.J.A.C. 13:35-2A.4(a)3; or

ii. A pharmacology course offered by, or affiliated with, a college or university accredited by an accrediting association recognized by the U.S. Department of Education.

(b) If the 30 contact hours in pharmacology required pursuant to (a)3 above was included as part of the midwifery program the CNM completed pursuant to N.J.A.C. 13:35-2A.4(a)3, the CNM shall have graduated from the midwifery *[course]* *program* within the two years immediately preceding the date on which the application for prescriptive authority is made.

(c) If the 30 contact hours in pharmacology required pursuant to (a)3 above was not part of the midwifery program the CNM completed pursuant to N.J.A.C. 13:35-2A.4(a)3, the CNM shall have completed the pharmacology course within the two years immediately preceding the date on which the application for prescriptive authority is filed.

(d) Notwithstanding (a), (b) and (c) above, a CNM who holds prescriptive authorization in another state shall be authorized to prescribe drugs in New Jersey , if the CNM submits proof to the Committee that he or she:

[page=1216] 1. Holds current prescriptive authorization, without disciplinary restrictions in another state; and

2. Has completed 30 contact hours in pharmacology, which meets the requirements of (a)3 above.

(e) Notwithstanding (a), (b) and (c) above, a CNM who also holds certification as an advanced practice nurse from the New Jersey Board of Nursing shall be authorized to prescribe drugs pursuant to N.J.S.A. 45:10-17 et seq., if the CNM submits proof to the Committee that he or she:

1. Holds current, unencumbered certification as an advanced practice nurse from the New Jersey Board of Nursing; and

2. Has completed 30 contact hours in pharmacology, which meets the requirements of (a)3 above.

Recodify existing (c)-(e) as (f)-(h) (No change in text.)