Pennsylvania Act 2007-50 — MEDICAL PRACTICE ACT OF 1985 - "LEGEND DRUG" AND NURSE-MIDWIFE LICENSE

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