Regulation of Controlled Substance Prescribing: An Overview for Certified Nurse-Midwives and Certified Midwives

In addition to the regulation of prescriptive authority and prescribing practices conducted by individual states, the prescription of controlled substances is also regulated at the federal level by the US Drug Enforcement Administration (DEA). While there are variations in state laws relative to controlled substance prescribing, federal law is uniform across states as established by the Controlled Substances Act (21 United States Code § 801-890) and the DEA Regulations (Title 21, Code of Federal Regulations). The only controlled substance for which states have authorized use that is outside the regulations set forth in the Controlled Substances Act is marijuana for the treatment of certain medical conditions. A review of statutes and administrative rules for all 50 states and the District of Columbia revealed that certified midwives (CMs) are authorized to prescribe controlled substances only in the state of New York, and there are variations across states in the regulation of controlled substance prescribing by certified nurse-midwives (CNMs). The purpose of this article is to examine the federal regulation of controlled substance prescribing by the US DEA and common variations in state regulations relative to controlled substance prescribing.