act-2007-0-50•Pennsylvania Act 2007-50 — MEDICAL PRACTICE ACT OF 1985 - "LEGEND DRUG" AND NURSE-MIDWIFE LICENSE
Pennsylvania Act 2007-50 — MEDICAL PRACTICE ACT OF 1985 - "LEGEND DRUG" AND NURSE-MIDWIFE LICENSE
act-2007-0-502007 Pa. Act 50Law
Act text
MEDICAL PRACTICE ACT OF 1985 - "LEGEND DRUG" AND NURSE-MIDWIFE LICENSE
Act of Jul. 20, 2007, P.L. 324, No. 50 Cl. 63
Session of 2007
No. 2007-50
HB 1255
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; providing penalties;
and making repeals," providing for the definition of "legend
drug"; and further providing for nurse-midwife license.
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:
* * *
"Legend drug." A drug:
(1) limited by the Federal Food, Drug and Cosmetic Act
(52 Stat. 1040, 21 U.S.C. § 301 et seq.) to being dispensed
by prescription; and
(2) the product label of which is required to contain
the following statement: "CAUTION: FEDERAL LAW PROHIBITS
DISPENSING WITHOUT A PRESCRIPTION."
* * *
Section 2. Section 35 of the act is amended by adding
subsections to read:
Section 35. Nurse-midwife license.
* * *
(c) Authorization.--
(1) A nurse-midwife is authorized to practice midwifery
pursuant to a collaborative agreement with a physician and
regulations promulgated by the board.
(2) A nurse-midwife who possesses a master's degree or
its substantial equivalent and national certification may
prescribe, dispense, order and administer drugs, including
legend drugs and Schedule II through Schedule V controlled
substances, as defined in the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, provided that the nurse-midwife demonstrates to
the board that:
(i) The nurse-midwife has successfully completed at
least 45 hours of coursework specific to advanced
pharmacology at a level above that required by a
professional nursing education program.
(ii) As a condition of biennial license renewal by
the board, a nurse-midwife shall complete the continuing
education requirement as required by the act of May 22,
1951 (P.L.317, No.69), known as The Professional Nursing
Law. In case of a nurse-midwife who has prescriptive
authority under this act, the continuing education
required by The Professional Nursing Law shall include at
least 16 hours in pharmacology in that two-year period.
(iii) The nurse-midwife acts in accordance with a
collaborative agreement with a physician which shall at a
minimum identify the categories of drugs from which the
nurse-midwife may prescribe or dispense and the drugs
which require referral, consultation or comanagement.
(iv) The nurse-midwife acts in accordance with the
following restrictions:
(A) A nurse-midwife shall not prescribe,
dispense, order or administer a controlled substance
except for a woman's acute pain. In the case of a
Schedule II controlled substance, the dose shall be
limited to 72 hours and shall not be extended except
with the approval of the collaborating physician. In
the case of a Schedule III or IV controlled
substance, the prescription shall be limited to 30
days and shall only be refilled with the approval of
the collaborating physician.
(B) A nurse-midwife shall prescribe, dispense,
order or administer psychotropic drugs only after
consulting with the collaborating physician.
(3) A nurse-midwife may, in accordance with a
collaborative agreement with a physician and consistent with
the nurse-midwife's academic educational preparation and
national certification, prescribe, dispense, order and
administer:
(i) Medical devices.
(ii) Immunizing agents.
(iii) Laboratory tests.
(iv) Therapeutic, diagnostic and preventative
measures.
(d) Collaborative agreements.--The physician with whom a
nurse-midwife has a collaborative agreement shall have hospital
clinical privileges in the specialty area of the care for which
the physician is providing collaborative services.
Section 3. The State Board of Medicine shall promulgate
regulations to implement the amendment of section 35 of the act
within 12 months of the effective date of this act. The board
shall report every three months on the status of the regulations
to the Consumer Protection and Professional Licensure Committee
of the Senate and the Professional Licensure Committee of the
House of Representatives.
Section 4. This act shall take effect in 60 days.
APPROVED--The 20th day of July, A. D. 2007.
EDWARD G. RENDELL
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