homebirth laws?? - Page 2

[Valerie]

Originally Posted by busybusymomma

Valerie- out of curiousity, are there any states that have laws separating midwifery from nursing/medicine where the midwives don't have to be insured and certified?

I kind of prefer that my midwife doesn't have to be certified by the state because then there'd be laws re: transfer and such and then it seems like you're right back where we are now in some ways.

You might want to read the Resource section of From Calling to Courtroom (www.fromcallingtocourtroom.net), especially the introduction to that section. It can give you all that information a lot more clearly and succinctly than I can in the limited space here!

I understand the preference for lack of state licensure...really, I do. I don't think any of us like the idea of being "controlled" by state administrative agencies. In my perfect world, the choice of a midwife would be solely between the family and the midwife, based on informed choice and full acceptance of the consequences. The problem is we don't live in a perfect world. Midwives are being harassed out of existence, even when they aren't criminally convicted and jailed. Until we find a way to legally protect the rights of midwives to practice, the rights of families to choose a midwife will also be in jeopardy.

Valerie
Illinois

[cathicog]

Originally Posted by Valerie

So, yes. In many states, "simply attending and assisting with a homebirth" subjects a midwife to criminal prosecution. And the irony of that is -- as you point out -- that homebirth is legal. You just can't hire a midwife to be there with you.

Yep, Valerie's right--hey, IL didn't get that idea from VA, did it?

Originally Posted by Valerie

That is why it is so essential to support licensing laws for direct-entry midwives. Until midwifery is defined and regulated as a profession separate from nursing and medicine, midwives will continue to be prosecuted under the nurse/medical practice acts of their states.

Valerie
Illinois

However, I see this happening, that even as more CPMs get certified, and there are more CNMs working than ever before, the noose around thier necks (of state/physician control) is getting so tight, that some CNMs have been denied the right to work in practices that have suddenly discovered more money in interventions, and resent it when the midwives help the moms avoid them...in many areas the ONLY option for homebirth is Unassisted. Really sucks...folks, this should not be....

[mommaem]

: : yeah i'm not either intrested in the laws or no laws! maybe we should try changing the laws and create positive awarness instead of ignorance of the issues!

-emily


momma of jc :

[Valerie]

Originally Posted by cathicog

Yep, Valerie's right--hey, IL didn't get that idea from VA, did it?

Heh...no, probably not. The State of Illinois has a proud tradition of midwifery prosecution going back to the mid-1940's. But right around 1980, things picked up considerably. My own midwifery practice was born in 1983, when my preceptor was arrested and charged with practicing medicine without a license.

However, I see this happening, that even as more CPMs get certified, and there are more CNMs working than ever before, the noose around thier necks (of state/physician control) is getting so tight, that some CNMs have been denied the right to work in practices that have suddenly discovered more money in interventions, and resent it when the midwives help the moms avoid them...in many areas the ONLY option for homebirth is Unassisted. Really sucks...folks, this should not be....

It is true that regulation is not going to make doctors suddently love midwives, nor is it going to prevent legal harassment of midwives. What it WILL to is provide options to those families who wish to hire a licensed midwife, as well as curb the criminal prosecution of those midwives.

Valerie
Illinois

[oldfashionmama]

ok all legal mumble jumble aside! i am planning on moving and i homebirth ( 3x so far) i like having a mw there so how does it work in wyoming or montana? new mexico or arizona? i have read all the listings but they aren't answering my q- if i have a mw am i breaking the law? if she is there but doesn't actually catch the baby ( we never do that anyway) is it ok? actually my mw missed 2 of the homebirths and was there onlt for the cleanup and to check me after it was all done! lol but with one baby it was 12 hrs and she helped me get thru it. so... any words of wisdom?

[mwherbs]

I have a couple of answers-
oldfashionmama-- in Arizona if you attend a birth as a "midwife" for money- it is a felony if you don't have an Arizona license-- so if she is practicing midwifery not legal as it has been stated before homebirth is legal in everystate as far as the mother is concerned- but attendents have various restrictions--
In answer to the other poster about midwives being legal and not having to be certified-- Oregon is one state- they have a licensed midwife category that does not interfer with traditional midwifery-- right now in that state there are more midwives that are not licensed
also reading through recently there is an exception in Alaska for midwives who are traditional birth attendents-in villages this is specifically spelled out
Take a long look at alegal it does mean different things in different states and could very well mean prosicution for the care provider even if there is no problem-- and this is the case in Indiana( isn't it home of the AMA?)more later got to run