The Board of Registered Nursingad’s Nurse Midwifery Advisory Committee approved a revised frequently asked questions document about the independent scope of nurse midwifery practice in California, but members directed staff to remove a final FAQ about abortion services while the boardad’s legal office and staff complete further review.

Loretta Melby, executive officer for the Board of Registered Nursing (BRN), presented the updated FAQ and said staff had edited language to align answers with statutory text and legal review. Committee legal counsel Reza Pejuez cautioned the group that the FAQ text must reflect the statute and noted the board cannot adopt interpretations that exceed its authority.

After discussion and public comment, the committee voted to adopt the FAQ with two changes: (1) revise the first page wording on scope of practice to match statutory language (add explicit mention of care for “common gynecologic conditions”), and (2) remove the question-and-answer item titled “Can a nurse midwife provide abortion services?” pending further legal analysis. The motion to adopt with those two modifications was made by Kim Do and seconded by Dr. James Byrne; the roll call vote recorded Lilit (yes), Kim Do (yes), Dr. Byrne (yes) and Amelia Khan (yes). The document will be reposted after the edits are made.

Committee members and public commenters debated the statutory placement of abortion training and whether the requirement in Business and Professions Code section 2725.4 (as cited in meeting materials) that midwives obtain additional clinical and didactic competency for aspiration abortion means the practice requires the mutually agreed policies and protocols cited elsewhere in statute. Public commenter Holly Smith said removing the FAQ was important; Smith argued that core clinical competencies and family planning language should allow midwives to provide first‑trimester abortion care without the extra administrative step. Board counsel Reza Pejuez said the meeting raised a legitimate legal question that required further review; he noted that section 2725.4 is specific to aspiration abortion and begins “notwithstanding any other provision of this chapter,” and staff must reconcile the two statutory provisions before issuing public guidance.

The revised FAQ clarifies multiple points aligned to Business and Professions Code 2746.5 related to low‑risk practice and when mutually agreed policies and protocols with a physician are required, and it notes that standardized procedures are no longer mandated for many activities. The document also restates requirements for furnishing controlled substances (advanced pharmacology, DEA registration, CURES registration and continuing education on Schedule II controlled substances) and explains that a midwife may serve as a CLIA‑waived laboratory director where applicable. Board staff will add an approval date to the posted FAQ and correct the page duplication that occurred in the materials packet.

No board regulation was adopted at the meeting; this action was an advisory committee vote to update BRN FAQ text and remove the abortion Q&A until staff and legal counsel provide a clarified interpretation for committee review.