§457J-11  Authority to purchase and administer certain legend drugs and devices.  (a)  A midwife licensed under this chapter may purchase and administer non-controlled legend drugs and devices that are used in pregnancy, birth, postpartum care, newborn care, or resuscitation, and that are deemed integral to providing care to the public by the department.

     (b)  Legend drugs authorized under subsection (a) are limited for:

     (1)  Neonatal use to prophylactic ophthalmic medications, vitamin K, epinephrine for neonatal resuscitation per neonatal resuscitation guidelines, and oxygen; and

     (2)  Maternal use to antibiotics for Group B Streptococcal antibiotic prophylaxis per guidelines adopted by the Centers for Disease Control and Prevention; postpartum antihemorrhagics; Rho(D) immune globulin; epinephrine for anaphylactic reaction to an administered medication; intravenous fluids; amino amide local anesthetic; nitrous oxide for pain relief when used in a birth facility and in accordance with facility policies; non-hormonal contraceptives; hormonal implants pursuant to any manufacturer certification requirements, as prescribed by a licensed health care provider with prescriptive authority under this chapter, chapter 453, or section 457-8.6; and oxygen.

Legend drugs authorized under subsection (a) shall not be used to induce, stimulate, or augment labor during the first or second stages of labor or before labor.

     (c)  Legend devices authorized under subsection (a) are limited to devices for:

     (1)  Injection of medications;

     (2)  The administration of intravenous fluids;

     (3)  Adult and infant resuscitation;

     (4)  Rupturing amniotic membranes;

     (5)  Repairing vaginal tears;

     (6)  Postpartum hemorrhage; and

     (7)  Mechanical, non-pharmacologic cervical dilation when used at or after thirty-nine weeks gestation in pregnancy.

     (d)  A pharmacist who dispenses drugs and devices to a midwife as authorized by this section and in conformity with chapter 461 is not liable for any adverse reactions caused by the midwife's administration of legend drugs and devices.

     (e)  Nothing in this section shall preclude a midwife practicing as a certified professional midwife from carrying out the prescribed medical orders of a physician or osteopathic physician licensed pursuant to chapter 453 or advanced practice registered nurse licensed pursuant to chapter 457; orders of a physician assistant licensed and practicing with physician supervision pursuant to chapter 453, and acting as the agent of the supervising physician; or orders of a recognized midwife practicing as a certified midwife in accordance with this chapter. [L 2019, c 32, pt of §2; am L 2025, c 28, §11]