HB 2520 — An Act amending the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, further providing for definitions and for midwifery.

PRINTER'S NO.   3408

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2520
                                               Session of
                                                 2026

     INTRODUCED BY VENKAT, KUZMA, CEPEDA-FREYTIZ AND TIBURCIO,
        MAY 13, 2026

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 14, 2026


                                    AN ACT
 1   Amending the act of December 20, 1985 (P.L.457, No.112),
 2      entitled "An act relating to the right to practice medicine
 3      and surgery and the right to practice medically related acts;
 4      reestablishing the State Board of Medical Education and
 5      Licensure as the State Board of Medicine and providing for
 6      its composition, powers and duties; providing for the
 7      issuance of licenses and certificates and the suspension and
 8      revocation of licenses and certificates; provided penalties;
 9      and making repeals," further providing for definitions and
10      for midwifery.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    Section 2 of the act of December 20, 1985
14   (P.L.457, No.112), known as the Medical Practice Act of 1985, is
15   amended by adding a definition to read:
16   Section 2.   Definitions.
17      The following words and phrases when used in this act shall
18   have the meanings given to them in this section unless the
19   context clearly indicates otherwise:
20      * * *
21      "Lay midwife."    A traditional midwife, direct-entry midwife,
22   birth worker or other similar individual who provides support to
 1   a pregnant individual before, during and after birth but who is
 2   not licensed as a midwife by the board.
 3      * * *
 4      Section 2.        Section 12 of the act is amended by adding
 5   subsections to read:
 6   Section 12.     Midwifery.
 7      * * *
 8      (d)   Unlawful conduct.--In addition to the conduct that
 9   constitutes unlawful conduct under section 38, it shall be
10   unlawful conduct for an individual who is not licensed under
11   this act to:
12            (1)   Represent or hold out that the individual is a
13      licensed midwife.
14            (2)   Administer a prescription medication in the practice
15      of lay midwifery.
16            (3)   Before engaging in lay midwifery with a client, fail
17      to obtain from the client an informed consent statement that
18      includes the following:
19                  (i)    A description of the individual's midwifery
20            education, training, continuing education and experience.
21                  (ii)    A statement that the individual is not licensed
22            by the State as a midwife.
23                  (iii)    A statement that it is unlawful for the
24            individual to administer to the client a prescription
25            medication in the practice of lay midwifery.
26                  (iv)    A written plan to address:
27                         (A)   Medical issues that the client may
28                  experience during pregnancy, labor or childbirth.
29                         (B)   The transfer of the client to a licensed
30                  health care provider or facility, if necessary.

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 1                  (v)    The name and signature of the individual.
 2                  (vi)    The name and signature of the client.
 3                  (vii)    The date that the individual signed the
 4            statement.
 5                  (viii)    The date that the client signed the
 6            statement.
 7            (4)   Fail to retain for at least four years a signed
 8      statement from a client described under paragraph (3).
 9      (e)   Effect of nonlicensed status.--Except for conduct that
10   constitutes unlawful conduct under subsection (d), a lay midwife
11   who does not hold a license under this act shall not be
12   considered licensed or regulated by the Commonwealth.
13      (f)   Construction.--Subsection (d)(3) and (4) shall not be
14   construed to compel a person to provide a patient with an
15   informed consent form if the person or patient is a member of a
16   recognized religious sect or division and is an adherent of
17   established tenets or teachings of the sect or division, by
18   which the person or patient is conscientiously opposed to modern
19   medical practice and licensure.
20      Section 3.        This act shall take effect in 60 days.




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