Bill Text: NJ A5404 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes "Midwifery Licensing Act."
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-09-10 - Introduced, Referred to Assembly Regulated Professions Committee [A5404 Detail]
Download: New_Jersey-2026-A5404-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes "Midwifery Licensing Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the oversight of midwives and revising various parts of the statutory law and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Midwifery Licensing Act."
2. (New section) The Legislature finds and declares that:
a. The public interest requires the establishment of a modern regulatory framework for the practice of midwifery in this State.
b. Midwives play a vital role in improving maternal and infant health.
c. Research has shown that access to midwifery services significantly reduces the rate of maternal and infant mortality and morbidity, particularly for vulnerable communities, yet many of the statutory provisions governing the practice of midwifery in the State date back to the late 19th century.
d. Midwifery practice continues to be regulated by the State Board of Medical Examiners rather than by an independent midwifery licensing board.
e. In light of the expansion of midwifery practice and the urgent need to address New Jersey's unusually high levels of maternal and infant mortality and morbidity, it is necessary to establish a new regulatory framework for the practice of midwifery in this State.
3. (New section) As used in sections 4 through 12 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" means the State Board of Midwifery established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Certified midwife" or "CM" means a person who has been certified by the American Midwifery Certification Board, or any of its successors, as a certified midwife.
"Certified nurse midwife" or "CNM" means a registered nurse who has been certified by the American Midwifery Certification Board, or any of its successors, as a certified nurse midwife.
"Certified professional midwife" or "CPM" means a person who has been certified by the North American Registry of Midwives, or any of its successors.
"Licensee" means any person who holds a license from the board to practice as a midwife.
"Midwife" means a person licensed by the board as a certified midwife (CM), certified nurse midwife (CNM), or certified professional midwife (CPM).
"Midwifery services" means care for childbearing persons during pre-pregnancy, pregnancy, birth, and postpartum, the provision of gynecological care and primary preventive reproductive care, and care for newborn infants in the early weeks of life consistent with the midwife's education and certification. "Midwifery services" shall also include, with respect to a certified midwife or a certified nurse midwife, primary care for individuals with female reproductive systems.
4. (New section) There is created in the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Midwifery. The board shall consist of 11 members, one of whom shall be a public member appointed by the Governor pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be a member of the Executive Branch appointed by the Governor in fulfillment of the requirement of subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2); one of whom shall be a physician who is certified by either the American Board of Obstetrics and Gynecology, the American Osteopathic Board of Obstetrics and Gynecology, or any other certification organization of comparable standards, or one of whom shall be a physician who practices family medicine; and one of whom shall be a physician who practices pediatrics. The seven remaining members shall be midwives, at least one of whom shall be a midwifery educator, at least two shall be certified professional midwives, two shall be certified nurse midwives, and two shall be certified midwives.
The Governor shall appoint each member, other than the State executive department member, for terms of three years, except that of the members first appointed, four shall serve for a term of three years, four shall serve for terms of two years and three shall serve for terms of one year. Any vacancy in the membership shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board shall serve for more than two successive terms in addition to any unexpired term to which the member has been appointed. The Governor may remove any member of the board for cause, other than the State executive department member who, pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2), serves at the pleasure of the Governor.
5. (New section) Notwithstanding any law, rule, or regulation to the contrary, the members of the board shall serve without compensation and shall not be entitled to receive any pension or health benefits based upon their service as a board member but, pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5), shall be reimbursed for expenses and provided with office and meeting facilities.
6. (New section) a. The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson.
b. The chairperson shall preside at all board meetings and perform all duties prescribed by law or board regulations. The vice-chairperson shall preside if the chairperson is absent or temporarily unable to discharge the duties of the chairperson, or the position of chairperson becomes vacant. The board shall meet at least once every three months in-person, or through remote technologies, and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum. The minutes of meetings, upon approval of the board, shall constitute the official records of board meetings.
c. The board shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), except for sections 4, 5, and 6 and subsection j. of section 7, shall remain inoperative until the first day of the sixth month next following the promulgation by the board of the rules and regulations.
7. (New section) The board shall:
a. establish and review the qualifications of applicants for licensure;
b. recognize accrediting entities for midwifery education programs;
c. recognize national certification entities which certify individuals to practice as certified midwives, certified nurse midwives, and certified professional midwives;
d. issue and renew, on a biennial basis, licenses for midwives;
e. refuse to issue an initial license or suspend, revoke, or fail to renew a license of a midwife in accordance with the provisions set forth in P.L.1978, c.73 (C.45:1-14 et seq.);
f. enforce provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), and issuance of penalties pursuant to section 9 of P.L.1978, c.73 (C.45:1-22);
g. maintain a record of each board licensee to include, but not be limited to, information regarding the place of business, place of residence, the issuance date of the license, the license number, and type of certification obtained by the licensee, and publish a list, which may be online, of the names and business addresses of all licensees annually;
h. review continuing education hours completed by licensees as the board deems appropriate, pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill);
i. prescribe and change the fees for initial licensure, licensure renewals, reactivations, and reinstatements, and other services the board deems necessary to provide, including services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.);
j. adopt and promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); and
k. perform other duties as deemed necessary by the board to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. (New section) a. An individual shall not provide midwifery services unless licensed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), except that nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to prohibit:
(1) an individual licensed to practice pursuant to Title 45 of the Revised Statutes from engaging in the practice or teaching for which that person is licensed, regulated, or certified; or
(2) students enrolled in a midwifery program, or any other health care educational program, from performing midwifery services as part of a course of study.
b. An individual licensed as a certified midwife or certified nurse midwife may provide midwifery services and any other related services to the full scope of the individual's license and credential, pursuant to the requirements established by the board for certified midwives and certified nurse midwives.
c. An individual licensed as a certified professional midwife may provide midwifery and other related services to the full scope of the individual's license and credential, pursuant to the requirements established by the board for certified professional midwives.
d. A certified midwife, certified nurse midwife, and certified professional midwife may work in any setting for which the midwife is trained and qualified, including, hospitals, clinics, patients' homes, or birthing centers.
e. A licensed midwife shall be authorized to sign paperwork for Temporary Disability Insurance and family temporary disability benefits, pursuant to P.L.1948, c.110 (C.43:21-25 et seq.).
9. (New section) To be eligible for licensure as a midwife, an applicant shall be at least 18 years of age and submit:
a. a completed application, in a form and manner as determined by the board;
b. an official transcript demonstrating successful completion of a midwifery program accredited by an entity identified and recognized by the board;
c. a copy of certification from a national certifying entity recognized by the board;
d. payment of fees, as required by the board; and
e. any other information deemed necessary, as determined by the board.
10. (New section) a. In order to maintain licensure as a midwife:
(1) the CNM/CM licensee shall maintain certification through the American Midwifery Certification Board (AMCB) (or its successor); and
(2) the CPM licensee shall maintain certification through the North American Registry of Midwives (NARM) (or its successor).
b. As a condition of licensure renewal, the board shall require each individual licensed as a midwife, pursuant to subsection h. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), to complete continuing education requirements in accordance with the respective credentialing body for each level of certification, which is to include the training required pursuant to subsection b. of section 7 of P.L.2021, c.79 (C.45:10-23).
c. The board may, in its discretion, waive requirements for continuing education for a licensee if the licensee can demonstrate a hardship, including, but not limited to, a disability, military service or deployment, or other good cause.
11. (New section) An individual licensed as a midwife shall maintain professional liability insurance coverage, at appropriate amounts to be determined by the board.
12. (New section) Any person who is licensed as a certified midwife, certified nurse midwife, or certified professional midwife, pursuant to R.S.45:10-6, on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be licensed at the same level under and subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
13. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:
1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Dietetics and Nutrition, the New Jersey State Board of Home Improvement and Home Elevation Contractors, the State Board of Midwifery, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2023, c.237, s.18)
14. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:
1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Dietetics and Nutrition, the State Board of Midwifery, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2019, c.331, s.17)
15. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:
2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Dietetics and Nutrition, the State Board of Midwifery, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2019, c.331, s.18)
16. Section 1 of P.L.2002, c.104 (C.45:1-28) is amended to read as follows:
1. As used in this act:
"Applicant" means an applicant for the licensure or other authorization to engage in a health care profession.
"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee, the State Board of Polysomnography, the State Board of Applied Behavior Analyst Examiners, the State Board of Creative Arts and Activities Therapies, [or] the State Board of Dietetics and Nutrition, or the State Board of Midwifery.
Health care professional shall
not include a nurse aide or personal care assistant who is required to undergo
a criminal history record background check pursuant to section 2 of P.L.1997,
c.100 (C.26:2H-83) or a homemaker-home health aide who is required to undergo a
criminal history record background check pursuant to section 7 of P.L.1997,
c.100 (C.45:11-24.3).
"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.
(cf: P.L.2024, c.67, s.1)
17. Section 9 of P.L.2005, c.83 (C.45:1-34) is amended to read as follows:
9. As used in sections 9 through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and C.26:2H-12.2d and C.45:1-40):
"Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety which licenses or otherwise authorizes a health care professional to practice a health care profession.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety;
"Health care entity" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a health maintenance organization authorized to operate pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et seq.), a State or county psychiatric hospital, a State developmental center, a staffing registry, and a home care services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23).
"Health care professional" means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs or by one of the following boards: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the State Board of Midwifery, and the Certified Psychoanalysts Advisory Committee.
"Licensee" means an individual who has been issued a license or other authorization to practice a health care profession.
"Review panel" means the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8).
(cf: P.L.2005, c.83, s.9)
18. Section 1 of P.L.1991, c.97 (C.45:10-17) is amended to read as follows:
1. As used in this act:
"Board" means the State Board of Medical Examiners.
"Certified nurse midwife" means a certified nurse midwife [registered with] licensed by the [board] State Board of Midwifery pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Drug" means drugs, medicine and devices, as determined by the board.
(cf: P.L.1991, c.97, s.1)
19. R.S.45:10-1 through R.S.45:10-8 and R.S.45:10-16 are repealed.
20. This act shall take effect immediately but remain inoperative until such time as provided in section 6. The Director of Consumer Affairs and the State Board of Midwifery may take such anticipatory administrative action in advance thereof as shall be necessary for implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill modifies State regulation of midwives. Specifically, the bill repeals the current law requiring approval for licensure of midwives by the State Board of Medical Examiners and establishes a State Board of Midwifery. The board is to consist of 11 members and will oversee the licensure of certified midwives (CMs), certified nurse midwives (CNMs), and certified professional midwives (CPMs).
The bill:
1) delineates the responsibilities of the board, which include the approval of licensure applications; maintenance of records of each licensee; and recognition of entities accrediting midwifery education programs and national entities issuing midwifery certifications;
2) establishes continuing education requirements;
3) requires applicants to meet certain standards to qualify for a license; and
4) authorizes the State Board of Midwifery to grant individuals currently licensed as a CM, CNM, or CPM by the State Board of Medical Examiners a license at that same level.
