States where midwifery is legal/illegal?

[kerikadi]

The subject of illegal midwifery was brough up on another board and many women were shocked it it was illegal for a midwife to attend a homebirth. Is there anywhere I can find a list or map of the legal/illegal/alegal states?

TIA

[SabbathD]

yup!

http://www.thebigpushformidwives.org/states.aspx

[mamato3cherubs]

Heres another one, but it was last updated in 07

http://mana.org/statechart.html

[636Jen]

Originally Posted by kerikadi

The subject of illegal midwifery was brough up on another board and many women were shocked it it was illegal for a midwife to attend a homebirth. Is there anywhere I can find a list or map of the legal/illegal/alegal states?

TIA

It's important to recognize which type of midwife is legal in your state. Here in Michigan, all types are able to attend homebirths....DEMs, CPMs and CNMs. However in such states as New York, only CNMs are allowed by law to attend homebirths.

The big "Push" is great for a lot of states where DEMs and CPMs are not allowed by law to attend homebirths but I live in Michigan and I hope we stay out of the push-path. There are a lot of great DEMs here and if a law goes through saying only CPMs and CNMs can attend homebirths, they will all of a sudden be illegal unless they conform and take the NARM exam. I'm not siding one way or the other as I plan on taking the test...but I'd hate to see regulation come to Michigan.

Just my .02

[3xx1xyFamily]

there's also,

Citizens For Midwifery: http://cfmidwifery.org/states/

(it does appear to be outdated as well)

[TheMommyBlawger]

Another resource is:
From Calling to Courtroom, although it has not been updated in a couple years. Lots of interesting information, though. Click on the "Resources" link in the left-hand column.

One thing to keep in mind is that there is no such thing as an "alegal" state. Some states regulate and/or expressly authorize direct-entry midwifery (midwives who are not also nurses). A very few states expressly outlaw DEMs; however in many there are simply no regulations. In some of those states DEMs are actively prosecuted; in others they seem to be practicing with the blessing of the state and may believe they are "legal". However, in every state there are statutes and/or regulations which define the practice of medicine, the practice of nursing, and the practice of nurse-midwifery. A DEM practicing in a state where midwifery is not specifically authorized, or exempted from one of the above statutes, is almost certainly practicing illegally. In adition, if she caries pitocin, oxygen, etc., she may be violating the state's controlled substance or pharmacy laws.

[Valerie]

Originally Posted by TheMommyBlawger

One thing to keep in mind is that there is no such thing as an "alegal" state. Some states regulate and/or expressly authorize direct-entry midwifery (midwives who are not also nurses). A very few states expressly outlaw DEMs; however in many there are simply no regulations. In some of those states DEMs are actively prosecuted; in others they seem to be practicing with the blessing of the state and may believe they are "legal". However, in every state there are statutes and/or regulations which define the practice of medicine, the practice of nursing, and the practice of nurse-midwifery. A DEM practicing in a state where midwifery is not specifically authorized, or exempted from one of the above statutes, is almost certainly practicing illegally. In adition, if she caries pitocin, oxygen, etc., she may be violating the state's controlled substance or pharmacy laws.

Thanks so much for pointing that out! It is a drum I have been beating for a lot of years now...yet we still hear from those who believe that because midwives in their state are not being actively prosecuted (yet) that they are somehow "legal."

You point out very clearly and succinctly why that is not so.

Valerie
Former RN
Former CPM
Current 3rd year law student

[TheMommyBlawger]

Originally Posted by Valerie

Thanks so much for pointing that out! It is a drum I have been beating for a lot of years now...yet we still hear from those who believe that because midwives in their state are not being actively prosecuted (yet) that they are somehow "legal."

You point out very clearly and succinctly why that is not so.

Well, Valerie, I had a good teacher... I've been *listening* to you "beating that drum" for a lot of years now...

[AlexisT]

Originally Posted by 636Jen

However in such states as New York, only CNMs are allowed by law to attend homebirths.

Not quite. New York is a funny state. It has a unified midwifery law that was passed in 1992, prior to the introduction of the CPM. Non-nurse midwives are recognized through the CM credential. That's usually done by getting an MS in Midwifery, but it's possible for a CPM (without the MS) to become licensed as a CM (a couple have). You have to jump through a bunch of hoops (educational requirements, AMCB exam). You also have to practice under CNM style restrictions, including a written practice agreement with an OB. This means that homebirth is unavailable in parts of the state as OBs are either unwilling or unable to afford to back up midwives (their insurance skyrockets the minute they sign that agreement).

In Alabama and Nebraska, CNMs are legally barred from attending home births and AFAIK there are no legal options for home births in those states.