Bill Analyses and Ratings

Bill Information: H0639 – Midwifery Medication Authority Expansion Act

Session: 2026 Regular Session
Status: Unknown
Last Action: Reported Signed by Governor on March 19, 2026 Session Law Chapter 73 Effective: 07/01/2026; 07/01/2026 IDAPA Sunset Clause – SECTION 4 (Mar 20, 2026)

Bill Summary

This bill fundamentally restructures medication authority for licensed midwives in Idaho. It removes the existing statutory list of nine specific medications midwives could administer (including oxygen, oxytocin, antibiotics, and epinephrine) and replaces it with broad authority to obtain and administer any medication indicated for maternal or neonatal care, provided the midwife possesses requisite education, training, and experience.

The legislation shifts regulatory control to the Idaho Board of Midwifery, requiring the board to define a formulary and protocol for medications rather than having specific drugs enumerated in statute. The bill maintains existing scope-of-practice restrictions, including conditions requiring physician consultation or hospital transfer, and updates emergency transfer protocols. It also nullifies existing administrative rules governing drug protocols (IDAPA 24.26.01, Section 200.01) effective July 1, 2026.

The bill preserves prohibitions on midwives performing abortions, using vacuum extraction or forceps, having prescriptive privileges, or practicing under mandatory supervision. It maintains detailed requirements for informed consent, recordkeeping, and emergency transfer protocols, while updating code references throughout the midwifery chapter.

Overall Assessment

This bill significantly expands the scope of medications licensed midwives can administer by replacing a limited statutory list of nine specific drugs with broad authority to use any medication indicated for maternal or neonatal care based on their training. This change increases professional autonomy for midwives and potentially improves access to care for women choosing home birth, while shifting oversight responsibility from the legislature to the Board of Midwifery to define appropriate medication protocols and safety standards.

Rating: 1

Rating Breakdown

ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)

This bill amends midwifery licensing statutes and medication authority under Title 54, Chapter 55 of Idaho Code. It does not address fiscal policy, taxation, government spending, legislative procedures, or constitutional obligations related to government responsibility.

ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)

The bill regulates professional licensing and healthcare practice standards for midwives. It contains no provisions related to elections, voting procedures, citizen participation in government, or political processes.

ARTICLE III. EDUCATION (0)

This legislation concerns healthcare professional licensing and medication administration protocols. It does not address K-12 education, higher education, curriculum standards, parental rights in education, or educational funding.

ARTICLE IV. AGRICULTURE (0)

The bill amends midwifery practice standards and medication authority. It contains no provisions related to farming, ranching, agricultural markets, agricultural education, or rural agricultural communities.

ARTICLE V. WATER (0)

This bill regulates healthcare professional practice for midwives. It does not address water rights, water management, inter-basin transfers, dam operations, or any water-related policies.

ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)

The legislation focuses on maternal and neonatal healthcare delivery by licensed midwives. It contains no provisions related to natural resource management, environmental policy, land use, or wilderness areas.

ARTICLE VII. ENERGY (0)

This bill amends professional licensing statutes for midwifery practice. It does not address energy production, energy independence, hydroelectric power, nuclear energy, or energy research.

ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)

The bill concerns midwifery medication authority and practice standards. It contains no provisions related to the Idaho National Laboratory, nuclear research, or energy technology development.

ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)

This legislation regulates healthcare professional licensing and scope of practice. It does not address property rights, eminent domain, just compensation, land use regulations, or property development.

ARTICLE X. STATE AND FEDERAL LANDS (0)

The bill amends midwifery practice statutes under Title 54. It does not address federal land ownership, state land management, land transfers, or public lands administration.

ARTICLE XI. WILDLIFE MANAGEMENT (0)

This bill regulates maternal and neonatal healthcare delivery. It contains no provisions related to fish and game management, hunting, fishing, wildlife conservation, or predator management.

ARTICLE XII. ECONOMY (0)

While the bill affects licensed midwives as healthcare professionals, it does not address commerce, industry development, labor policy, small business regulation, or economic growth strategies as defined in this metric's focus on agriculture, timber, mining, manufacturing, and technology sectors.

ARTICLE XIII. HEALTH AND WELFARE (1)

Section 54-5504A creates new authority allowing licensed midwives to obtain and administer any medication indicated for maternal or neonatal care based on their education and training, expanding healthcare delivery options. This directly supports freedom of choice in medical decisions and provider selection, consistent with the metric's emphasis on private enterprise healthcare delivery and personal responsibility in healthcare choices without government mandates.

ARTICLE XIV. AMERICAN FAMILY (0)

While this bill affects maternal and neonatal care, it maintains the existing prohibition on midwives performing abortions in Section 54-5504(2)(g). However, the bill's primary focus is professional licensing and medication authority rather than addressing family values, parental authority, traditional marriage, or abortion policy as emphasized in this metric.

ARTICLE XV. OLDER AMERICANS (0)

This bill regulates midwifery practice for maternal and neonatal care. It does not address issues affecting older Americans, including retirement security, healthcare for seniors, or policies related to aging populations.

ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)

The bill amends healthcare professional licensing and establishes recordkeeping requirements under Section 54-5510. It does not address criminal justice, law enforcement, gun rights, death penalty, drug enforcement, incarceration, or immigration enforcement.

ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)

This legislation concerns midwifery practice standards and medication authority. It contains no provisions related to military readiness, veterans' affairs, national defense, border security, or terrorism prevention.

ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)

The bill amends midwifery licensing statutes and Board of Midwifery rulemaking authority. It does not address judicial selection, judicial elections, constitutional interpretation, or court procedures.

ARTICLE XIX. RELIGIOUS LIBERTY (0)

This bill regulates healthcare professional practice and medication administration protocols. It does not address religious freedom, free exercise of religion, conscience protections, or the Religious Freedom Restoration Act.