What are my right in ohio in HBing

[ohiomommy1122]

I wanted to HB my first but as told it was illegal in ohio I was nieve enoiugh to just let it go and not pursue it, w/ #2 I was to scarasd to look into HBing because DS#1 got stuck because he was almost 10 lbs and had shoulder dysoticia ( was still able to deliver though, but DS had nerve damage to his arm, that he outgrew) so w/ #2 I was induced 3 weeks early so she wasn't to big to deliver delivery went well w/ her but hospital pissed me off they wouldnt let me nurse her because her Blood sugar was low and gave her formula and had her in NICU when I didnt feel ahe even needed to be there anyway I want to Homebirth my 3rd and was wondering what my rights are? Also if I do end up in Hospital can I leave w/ baby right after birth or are there laws against that??

Thanks

[Amari's Mama]

Homebirthing is perfectly legal in Ohio. Let me clarify that, UNattended homebirthing is perfectly legal.

It's the having someone attend you (i.e. a homebirth midwife) that can get sticky. Having a homebirth midwife attend you is neither legal or illegal in Ohio. It is not regulated, i.e. alegal, and therefore there are no legal protections for homebirth midwives against lawsuits, no malpractice insurance, and no state-endorsed certification programs. This greatly reduces the number of homebirth midwives that are willing to practice in the state because it a much more risky business for them to be in, i.e. not having access to business-type insurance.

That said, there are a number of homebirth midwives in the state. Check out mana.org to get a list of them, to see how close any of them are to you.

Hope this helps. I very seriously considered HB with this baby, but didn't feel up to the challenge of convincing DH, who is very anti-homebirth.

[Valerie]

Originally Posted by Amari's Mama

Having a homebirth midwife attend you is neither legal or illegal in Ohio. It is not regulated, i.e. alegal, and therefore there are no legal protections for homebirth midwives against lawsuits, no malpractice insurance, and no state-endorsed certification programs. This greatly reduces the number of homebirth midwives that are willing to practice in the state because it a much more risky business for them to be in, i.e. not having access to business-type insurance.

It is dangerous for midwives to practice in states like Ohio because midwifery is neither licensed nor is it exempt from the Medical/Nurse Practice Acts. Because of that, Ohio midwives are vulnerable to criminal prosecution for the practice of medicine/nursing without a license. Midwifery in OH is not "alegal."

For a very good article by Ida Darragh on the myth of "alegal," see Chapter 1 of www.fromcallingtocourtroom.net.


Valerie
Illinois

[[e-mail]]

That's true--homebirth itself isn't illegal in any state but in states without midwifery licensure, midwives can be criminally prosecuted for practicing medicine/nursing without a license and for the unauthorized possession/use of controlled substances (i.e. Pit, Methergine, etc.) A Mennonite midwife in Ohio spent six months in jail for refusing to reveal the source of the Pitocin she used to control a PPH, which resulted in a range of criminal charges against her.

Also, no hospital can force you to stay against your will, and no physician can force you to undergo treatment that you refuse.

Katie Prown
Legislative Chair
Wisconsin Guild of Midwives

[LEAW]

OP, there are lots of homebirth midwives in Ohio. They are all "direct entry" or lay midwives, not CNM or CPM (so none have hospital privs). Many people see a CNM or OB for care while pregnant and hire a homebirth midwife as well, so that you have someone you are comfortable and familiar with in case you need to transfer.

If you want to PM me, I can point you in the direction of finding one in your area.

They all have a cash fee, and then you have to petition yoru health insurance for reimbursment. And yes, most of the insurance companies will reimburse at least part of the fees.

As for leaving, you and your baby may walk out of the hospital AMA at any time. IME, if you threaten to leave AMA they will work really hard to get you out faster because they have a bunch of paperwork they have to do if you do leave AMA. Some areas of the state have an ugly reputation for calling childrens services if you take your baby AMA, but they can't force you to keep a baby in hospital either.

[heartland midwife]

Some Ohio midwives bill successfully for insurance coverage, so ask your midwife.

CHOICE keeps a listing in the Columbus telephone directory.

contact [e-mail] to find a midwife in your area, ask at a natural food store,
or
contact MANA: "In order to help interested people find a midwife in their area, we will e-mail you a list of our members in any state or province in North America (please limit your request to 4). "

In ANY state, there are to be found personel who may (report to children's services) take issue with parents going AMA with a minor's care.

[NicswifeSarah]

Actually there are CPMs practicing in Ohio outside of Hospitals. They can just not legally carry the medical equipment they are trained to use, therefore are not "recognized" as CPMs in Ohio. even if they are licensed in other states.

midwifery is legal in Ohio as is homebirth, however, "practicing medicine without a license" is illegal. the definition of practicing medicine basically breaks down to carrying oxygen, having pitocin, or other drugs in case of hemorrhage and what not.

http://safebirthohio.org/

there is also a thread a few pages back here about ohio midwifes if you are looking for one.

homebirth is actually pretty easy in Ohio. its just not supported by insurances or hospitals.... big surprise!

good luck!

[womenswisdom]

Originally Posted by NicswifeSarah

the definition of practicing medicine basically breaks down to carrying oxygen, having pitocin, or other drugs in case of hemorrhage and what not.

I'll have to respectfully disagree, as a CPM in Cincinnati was prosecuted last year for nothing more than attending a birth. She and her client transported during labor and she was reported to the state medical board. She was to be charged with practicing medicine without a license but pled down to lesser charges. She did none of the things typically thought of as "practicing medicine". The judge who ruled in her case was very clear, saying that Ohio is an illegal state. Granted, the opinion of one judge at this level is not binding, but does speak to how practicing medicine is generally interpreted at a judicial level.

That noted, however, it is not illegal in any way for a mom to choose to have a home birth. The person who attends you may be a different matter, though.

[NicswifeSarah]

Originally Posted by womenswisdom

I'll have to respectfully disagree, as a CPM in Cincinnati was prosecuted last year for nothing more than attending a birth. She and her client transported during labor and she was reported to the state medical board. She was to be charged with practicing medicine without a license but pled down to lesser charges. She did none of the things typically thought of as "practicing medicine". The judge who ruled in her case was very clear, saying that Ohio is an illegal state. Granted, the opinion of one judge at this level is not binding, but does speak to how practicing medicine is generally interpreted at a judicial level.

That noted, however, it is not illegal in any way for a mom to choose to have a home birth. The person who attends you may be a different matter, though.

wow! very interesting! it sure would be nice to get some legislature passed in our state regarding HB MW's so there could be a clear line.

[jesbentink]

I am planning a home birth in Ohio and I'm due in March. I had a terrible experience in the hospital with my first and I am so comforted by the fact that I will have my baby at home this time around. Everyone that I speak to about it is so "scared" for me...it's annoying but what it comes down to is that they are just not informed! As mothers, we are in no danger of a lawsuit or anything of the sort. Midwives in our state are very brave for doing what they do! Can you imagine an OB/GYN taking that kind of risk to deliver a baby? Unfortunately, Ohio as a state, does not understand this either. It would indeed be safer for us Mom's if our Midwives were legally allowed to carry Oxygen and Pitocin. I just hope that everyone starts speaking out and maybe some day Midwives will get the privileges and the respect that they deserve!

[MarleneCPM]

I'm sorry to see some mis-information posted here. CPM's are alive and well. doing homebirths in OH, as well as many other DEM's. They are easy to find online thru the Center for Humane Options in the Childbirth Experience (CHOICE) Ohio Midwives Alliance (OMA), Midwives Alliance of North America (MANA), North American Registry of Midwives (NARM, who oversees CPM certifications), Christian Midwives International (CMI) or the National Association of Parents & professionals for Safe Alternatives in Childbirth (NAPSAC) or just by asking around at libraries, health food stores, LLL meetings, etc.
The 2 midwives arrested were not "for nothing more than attending a birth" as stated earlier, but for practicing nurse-midwifery without a license (which could possibly have been argued against, but she pled guilty to that charge as a plea bargin for the worse charge of practicing medicine without a license) in one case, and for possesion & use of restricted items (ie. pitocin) and non-compliance with her parole officer (not revealing where she got the pitocin) in the other. No where in OH law does it say you need a license to practice midwifery. It only regulates CNM's (Certified Nurse Midwives)
CPM certification, though not eligible for licensure at present, is indeed "recognized" by the health dept. and by many doctors, cnms, & doulas. I can not only sign birth certificates as the "attendant" (but then so can the dad or anyone else who happens to be there) but CPM's can also sign the "proof of pregnacy" & "live birth" forms needed for filing the birth certificate, which may only be signed by a licensed medical practioner or a CPM, or a CPM in training.
So, back to your original question, no it is not illegal to have a homebirth with whomever you choose. And yes, you can sign yourself and your baby out AMA (against medical advise) although, if you do that the doctor has the right to refuse you further care, since you are "non-compliant" with his or her "orders".