An Act To License Certified Professional Midwives
Maine Legislature, Session 123, LD 2253
Committee Amendment CA_B_H936 (House)
Amends: 32 MRSA §13811

COMMITTEE AMENDMENT ".8" to H.P. 1616, L.D. 2253, Bill, "An Act To 
License Certified Professional Midwives" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Access to Certain Medications to Certified Midwives' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §13811 is enacted to read: 
§13811. Drug administration by certified midwives under certain conditions 
A midwife who can verify to a licensed pharmacist by certification card that the 
midwife has met the certification standards of an international certification agency whose 
mission is to establish and administer certification for the credential of certified 
professional midwife or other certifying body recognized by the board may: 
1. 
Possession. 
Possess, in the course of the practice of midwifery, only the 
noncontrolled prescription drugs and substances set out in this subsection: 
A. Oxygen; 
B. 
Oxytocin, excluding the oxytocic drug methergine, for the sole purpose of 
postpartum control of maternal hemorrhage; 
C. Vitamin K; 
D. Eye prophylaxis; and 
E. Local anesthetics or numbing agents for repair of lacerations; and 
2. Administration. Administer, in the course of the practice of midwifery, those 
drugs that are listed in subsection 1. When administering oxytocin, a certified midwife 
may not administer more than 20 units of oxytocin to a single patient. Oxytocin may be 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,6, to H.P. 1616, L.D. 2253 
administered only for postpartum purposes in order to treat hemorrhaging and specifically 
may not be used to induce labor. When a certified midwife administers oxytocin in 
accordance with this subsection, the certified midwife shall report that use to the maternal 
and child health division of the Department of Health and Human Services, the Maine 
Center for Disease Control and Prevention within 7 days of the use of oxytocin. 
Sec. 2. 32 MRS A §13812 is enacted to read: 
§13812. Dispensing of medication by pharmacist 
1. 
Dispensing of medication. 
A pharmacist, who in good faith relies upon a 
certification card presented by a midwife identifying that the midwife has met the 
certification standards described under section 13811, may sell and dispense to the 
midwife the noncontrolled prescription drugs and substances identified in section 13811. 
2. Good faith. A pharmacist, or person acting at the direction of a pharmacist, who: 
A. In good faith sells and dispenses noncontrolled prescription drugs and substances 
to a midwife pursuant to this section is not liable for any adverse reactions caused by 
any method of use by the midwife; and 
B. Makes a report relating to the dispensing of noncontrolled prescription drugs and 
substances to a midwife pursuant to section 13811 to an enforcement agency is 
immune from any civil liability that may result from that action, including, but not 
limited to, any civil liability that might otherwise arise under state or local laws or 
rules regarding confidentiality of information. 
In a proceeding in which a pharmacist, or person acting at the direction of a pharmacist, 
invokes the immunity provided pursuant to this section, there is a rebuttable presumption 
of good faith. 
Sec. 3. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 32, chapter 117, subchapter 11, in the subchapter headnote, 
the words "noncontrolled prescription drug administration" are amended to read 
"noncontrolled prescription drug dispensing and administration" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment replaces 
the bill and authorizes midwives certified by an international certification agency to 
possess and administer a limited number of noncontrolled prescription drugs and 
substances in the course of the practice of midwifery, including oxygen; oxytocin, 
excluding the oxytocic drug methergine, for the sole purpose of postpartum control of 
maternal hemorrhaging; vitamin K; eye prophylaxis; and local anesthetics or numbing 
agents for repair of lacerations. 
It requires midwives to report the use of the 
anti hemorrhagic medication to the maternal and child health division of the Department 
of Health and Human Services, Maine Center for Disease Control and Prevention. 
It provides that a pharmacist, acting in good faith, is not prohibited from selling and 
dispensing any of those drugs and substances to a midwife. A pharmacist, or person 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,B" to H.P. 1616, L.D. 2253 
acting at the direction of a pharmacist, who in good faith sells and dispenses 
noncontrolled prescription drugs and substances to a midwife is not liable for any adverse 
reactions caused by any method of use by the midwife. A pharmacist, or person acting at 
the direction of a pharmacist, who makes a report to an enforcement agency is immune 
from any civil liability that may result from that action, including, but not limited to, any 
civil liability that might otherwise arise under state or local laws or rules regarding 
confidentiality of information. It also establishes a rebuttable presumption of good faith 
for pharmacists. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/08 frac:.. 
LD 2253 
LR3554(03) 
An Act To License Certified Professional Midwives 
Fiscal Note for Bill as Amended by Committee Amendment "/3,, 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases civil violation and Class E crime case-loads with a minor effect on fines. Increases the number of civil suits 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR3554(03) - Fiscal Note - Page I of I