[§457J-11.5]  Prescriptive authority.  (a)  Prescriptive authority shall be granted solely to midwives practicing as certified midwives and shall not be granted to midwives practicing as certified professional midwives.  Midwives practicing as certified midwives shall only prescribe those drugs appropriate to midwifery care as recognized by the director and in accordance with the current exclusionary formulary defined by the board of nursing for advanced practice registered nurses.

     (b)  Only a midwife practicing as a certified midwife may communicate, represent, or imply in any manner, including through the use of a sign, card, or device, that the person is a midwife who is authorized to prescribe.

     (c)  A midwife practicing as a certified midwife shall comply with all applicable federal and state laws, regulations, and rules relating to the prescription, dispensing, and administration of drugs.  A midwife practicing as a certified midwife shall only prescribe and administer over the counter drugs, legend drugs, and controlled substances pursuant to this chapter and chapter 329.  A midwife practicing as a certified midwife may request, receive, and dispense a manufacturer's prepackaged samples of over the counter and non-controlled legend drugs to patients under the midwife's care; provided that the midwife practicing as a certified midwife shall not request, receive, or sign for samples of controlled substances.  A midwife practicing as a certified midwife may prescribe, order, and dispense medical devices and equipment that are appropriate to the midwife's scope of practice and plan and initiate a therapeutic regimen that includes nutritional, diagnostic, and supportive services including home health care, hospice, and physical and occupational health.

     (d)  Prescriptions issued by a midwife practicing as a certified midwife shall be written in accordance with section 329-38.

     (e)  It shall be a violation of this chapter for a midwife practicing as a certified professional midwife to communicate, represent, or imply in any manner, including through the use of any sign, card, or device, that the person is a midwife with prescriptive authority. [L 2025, c 28, pt of §2]