what newborn procedures are "legally required" ?

[daisymommy]

I'm not sure if this is the correct place to post this or not, but here goes :

I will most likely end up with a hospital birth since the only midwives around me that will do a home birth are all booked up for the month of April when my baby is due. They won't take me on their schedule unless one of their clients drops off their schedule (delivers early, leaves, etc.)

So...I know that vaccines are NOT legally required (no matter what some doctors may think )--so I will be refusing the Heb. B vax.

But I want to also refuse the eye ointment, Vitamin K injection, and possibly the PKU-etc. testing...unless they'd like to use the cord blood to test with which I doubt they will.

The hospital here is soooo pathetic it's rediculous They haven't a clue about natural child birth. And the midwives I am using, delivered my son, and really are regular OB doctors in disguise i think They aren't much help in that department as far as sticking up for me and my wishes. but they are truly the only midwives I could find around here.

So, are anay of those procedures "legally required" by the state? Or are they merely "strong suggestsions" like vaccinataions, and can I refuse them without having CPS called on me? How do I go about doing this in a hospital? I hate confrontation, and I am not a boat rocker. I'm so scared!

[Smithie]

None of the procedures you mentioned can legally be done without your consent. I'd suggest saying that your pediatrician prefers to do all bloodwork and shots at the three-day checkup, that might minimize conflict. You might consent to an STD screen of your own blood if they get nasty about the eye ointment.

Write a birth plan saying that you do not consent to X, Y and Z. Keep your baby in your room, and leave the hospital ASAP. What you want is achievable even at a really pathetic hospital, especially if you really thoroughly brief your dh on what he is supposed to prevent.

[mom2angelbabies]

Lots of these requirements differ by state (usually erythromycin for the eyes and the vit. K shot are the 2 that some require yet some don't- as for the rest, I'm not sure about). Some are required, while others you can opt out of. So you'll probably have to find out what is specific to your state.

[wombatclay]

It does vary by state...and sadly, some things don't require consent because they are mandated by state regulations, specifically exempting them from informed consent legislation. So a doctor more afraid of prosecution by the state than in meeting your needs may try to avoid your concerns (I can't imagine a doctor who wouldn't tell you...no, wait, sadly I can imagine it)

Once place you can check for your state laws is:

http://genes-r-us.uthscsa.edu/nbsdisorders.pdf (full of medical jargo, basically listing the various tests done on blood from a heel stick)

Also, at least in NYS, if you can provide proof that the testing would violate your religious convictions you can opt out of certain procedures, but you have to provide proof of membership in a recognized religious organization with known medical testing prohibitions (Public Health Law Section 2500-a, http://www.wadsworth.org/newborn/law.htm). You might ask the Depratment of Public Health in whichever state you'll be delivering what exemptions exist in your state. Your hospital should be able to provide you with contact information (especially if you stick to your guns...the hospital HR staff will be happy to "pass you along" to the state!)

It can take a while to make it through all the red tape, and have copies of state forms on hand at the hospital, so it's a good idea to start sooner rather than later. And try to involve your pediatrician so that they are well educated about your wishes as well as the legal exemptions.

Good luck mama!

[mothragirl]

here in TX you can refuse everything. i chose to do the PKU but refused eye ointment and vit K (which i am so glad about, that heel stick would have been awful1). i was at a free standing birth center though, it might be harder in a hospital.

[amydidit]

I don't think any of those can be forced on you. But they will try. I know of a woman who actually consulted a laywer to make sure her birth plan was enforced (she knew she was going to a very natural birth NON-friendly hopsital). He had her get her OBs signature on her birth planand had her ped sign it as well in regards to the treatment of the baby. She made several copies to have on hand and submitted it to the hospital BEFORE she was there for her birth. On her birth plan her lawyer wrote a little something... I'm not sure exactly what, but I think it just mentioned that she was aware of her rights as a patient, including her rights to refuse any and all treatments and tests that may be offered or required of her and her newborn. It included her lawyers name and address. From what I understand no one at the hospital even mentioned a single thing she had listed that she didn't want. I think the mention of a lawyer scared them.

So, I don't think a lawyer is needed in all cases, but it's at least something to think about if you know you'll be in a difficult hospital or with difficult doctors. YMMV

[Thmom]

anything and everything is refusable. Even if it is "required" by state it is not mandatory. The hospital must offer it and they may require you sign a waiver stating you are refusing treatment but you have a right to refuse any and all treatment regardless of "state mandation" If they give you a problem request a print out of the state statute and tell them you'll need to consult with your attorney before consenting to anything... Keep your baby with you ALL the time.

[katt]

I'd also make sure to have someone stay with the baby at all times right after delivery.
At my sister's delivery everything went really fast and my nephew had his eye goop and shot before you knew what was happening. (my sister didn't care one way or the other)

So... Make sure everyone who is in the delivery room knows your wishes (all nurses and Dr)
and
Try and designate someone as the Baby "Watch-Dog" just in case a nurse who doens't know your wishes is in the room.

[daisymommy]

Thank you so much ladies!

[zoe398]

Another place to check for your state's required testing is www.newbornscreening.com. As PP's have said, you can sign a waiver for EVERYTHING! Good luck!

[wombatclay]

Good luck mama!

Just to be clear though, if a test is mandated by your state you CAN opt out of it...but you will need an excemption from (usually) the State Department of Health. This is not the same thing as a waiver! The hospital is not "required" to offer you a waiver if the test is state mandated (at least, not in NYS...it may be different elsewhere). Instead, you need to have an excemption in hand BEFORE you have the baby! Otherwise, the hospital can be fined by the state for not performing whatever the procedure happens to be. If you stand your ground and refuse the procedure without having an excemption that's when the hospital may call CPS just to cover their own legal bottoms.

Now...excemptions aren't too hard to get, though you need to be very clear with the Health Department and go into the whole thing knowing that they do, in fact, have to give you an excemption. Which they do. And some hospitals are more than happy to "fudge" things so that an excemption isn't really necessary. But it sounds from your post like this isn't that sort of hospital!

So along the lines of fore-warned is fore-armed, check the requirements of your state and contact the Health Department (or the hospital HR office since the folks there will probably be thrilled to pass along the "difficult mom" and they'll be able to tell you which State office you'll need to contact) in order to get the appropriate papers signed. Make sure a copy of any excemption is placed in your file (if your hospital has a pre-registration, you could do it then), give a copy to your OB, a copy to your pediatrician, and bring a few copies with you to the hospital to share with the labor and delivery nurses. And just like bringing cookies to pass out with your birth plan...try to get the nurses on your side!

I hope your birth goes easily and that none of this ever becomes an issue...happy soon to be birthday!

[mom2angelbabies]

Originally Posted by wombatclay

Good luck mama!

Just to be clear though, if a test is mandated by your state you CAN opt out of it...but you will need an excemption from (usually) the State Department of Health. This is not the same thing as a waiver! The hospital is not "required" to offer you a waiver if the test is state mandated (at least, not in NYS...it may be different elsewhere). Instead, you need to have an excemption in hand BEFORE you have the baby!

That's what I was just going to say...make sure you look into it well before your delivery, because if you end up in the hospital trying to opt out of things that are required by the state, chances are it won't happen unless you've taken care of it beforehand.

[BetsyPage]

My MW says that in Michigan it is necessary to get a COURT INJUNCTION in order to not get the eye ointment... can that possibly be true???

[nighten]

Here's the exemption info for TN: http://www.vaclib.org/exempt/tennessee.htm

And BestyPage, here's the one for Michigan: http://www.vaclib.org/exempt/michigan.htm

It doesn't address the eye oinment, but I would guess your midwife was misinformed. You can refuse ANY medical treatment for yourself or your child for religious reasons, doesn't matter what state you live in.

And the slight chance of causing harm to your child (blindness for example) from a rare side effect of the medication goes against your role as protector parent and therefore your religious sensitbilities, etc. (Or something like that.)

You should be able to sign a waiver of refusal. Call the hospital ahead of time to obtain a copy.

ETA: Here's an interesting site with info on the eye ointment: http://www.gentlebirth.org/archives/eyeointm.html

Good luck!