New birth certificate laws in Ohio?? - Mothering Forums
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#1 of 11 Old 02-04-2006, 02:32 PM - Thread Starter
 
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Has anyone heard of the new laws? Are they in any other states now also? They are now requiring u 2 have 3 pieces of documentation to aquire a birth certificate for a child born at home.
1st- written proof from a medical professional <midwives do not count> that u were even pregnant.
2nd- written proof from a nedical professional < again not a midwife> that there was a live birth.
3rd- a bill of some sort with the mom's name and address for proof of residencey.
Can they do this? Is it fair? That is forcing "medical care" on some one who does not want it or believe in it.
Any advice...baby is due in about 5 weeks or so. And I am not quit sure how to handle this. We are having an unasissted homebirth.
Barbara
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#2 of 11 Old 02-04-2006, 10:48 PM
 
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It's not a new law but a new interpretation of an existing one. What has changed is that the state is not accepting statements from DEM or lay midwives anymore. Nurse Midwives who are licensed by the state are fine, but Ohio does not recognize DEMs in any capacity now (midwifery/homebirth are alegal here).

You're right in that you need 3 pieces of documentation- proof of pregnancy, live birth, and residency in the state of Ohio (your drivers license is fine for proof of residency). Anybody who is licensed by the state medical board should be able to give you the other two (family doctor, pediatrician, chiropractor, etc.) If you register more then ten days afer the birth you will also need 2 signed affadavits as well.

I'll find and post the full information I've received. Pretty much you're up the creek without a paddle if you haven't received 'standard' healthcare My daughter was born at home a month ago and we're still fighting it out.

If this raises anyone's blood pressure please write and complain- i'll be back with contact info shortly.
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#3 of 11 Old 02-05-2006, 01:36 AM
 
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time to press for licensing in your state---- the states are all getting tighter about their birth certificate laws because of homeland security-- AZ had a new tighter definition of when they have to be in by and if not complete record and I mean complete records including marriage certificate and parents birth certs.... and more including mail ...
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#4 of 11 Old 02-05-2006, 02:07 AM
 
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From the Ohio Friends of Midwives:


Immediate Action Needed on Behalf of Midwifery & Home birth in Ohio!

Dear Midwifery Supporter:
As of December 1, 2005 changes in the Ohio Department of Health Rules (3701-5-16) were adopted and the interpretation of those rules are making it burdensome for Ohio citizens to obtain birth certificates for their children born out-of-institution. The above rule now requires that a person submit acceptable documentation of (1) evidence of pregnancy and (2) evidence of live birth when applying for a birth certificate. The full text of this rule is enclosed with this notification. The interpretation of the Ohio Department of Health of the above rule is that these two evidences can only be provided by a licensed midwife in the state. As you are aware, the midwives who assist with home births in Ohio currently have no licensing mechanism available to them and therefore, are no longer being seen as a credible witness of pregnancy and birth in this matter.
Midwives have been providing, and Ohio accepting, verification of live birth with their signatures on birth certificates for decades. To no longer accept a midwife as a credible witness to the pregnancy and birth of a child in the out-of-institution setting is creating needless challenges for Ohio's families and is a discriminatory act toward those who choose to home birth.
Your voice, as a consumer of midwifery care and a home birth proponent, is needed to motivate the State of Ohio to once again accept the verification of a pregnancy and birth by a midwife. Please take a few minutes to write a simple letter encouraging the ODH to move toward that commonsense goal. Talking points in your individually written letter might include:
Verification of home births has been provided by midwives for decades and should continue to be considered as a credible witness to pregnancy and birth.
Determining both pregnancy and live births under the new rule 3701-5-16 is well within the qualifications of a midwife, regardless of licensure status.
Rule 3701-5-16 does not require that pregnancy/birth verification be provided by a licensed health care provider. This interpretation is subjective on the part of the ODH.
Requiring an expectant mother to have prenatal visits with a medical provider (physician, public health nurse, chiropractor, etc.) in order to obtain written pregnancy/birth verification puts an unjust time and financial burden on Ohio families.


Personal records and examinations by medical professionals to apply for birth certificates are unjust and invasive expectations of the ODH when a written statement/verification from the attending midwife could be utilized.

Any other statements that uphold midwifery care in the home setting that you may want to acknowledge.
Your letter asking that the State practice a common sense approach with this issue rather than instituting rules that don't best serve the citizenship of Ohio. The sooner the ODH receives many letters on this issue, the sooner favorable resolution will be instituted and home birthing families will be able to return to a credible and simpler method of filing for birth certificates.
Write or FAX a letter, email or make a telephone call in this regard as soon as possible to:
Dr. J. Nick Baird, Director
Ohio Department of Health
246 North High Street
Columbus, OH 43216-0118
Email: nick.baird@odh.ohio.gov
Phone: 614-466-2253
FAX: 614-644-0085
Thank you for taking the time to uphold the continued rights for home birth and the midwives that serve them in our state! Please do not put this need aside hoping that enough other voices will accomplish the protection of your rights to birth certificate simplicity. YOUR voice is needed now! Feel free to share this request with other home birth and midwifery supporters.
Many blessings,




Pam Kolanz
10000 Waterford Trail
Chagrin Falls, OH 44023
440-543-5353
ohpam@juno.com




3701-5-16 Registration of out of institution birth.
In any case where a birth occurs outside an institution and the birth certificate is filed within ten days of the birth, documentation of the following shall be required in order to register an out of institution birth:
(1) Evidence of pregnancy, such as, but not limited to:
(a) prenatal record, or
(b) a statement from a physician or other health care provider qualified to determine pregnancy, or
(c) a home visit by a public health nurse or other health care provider, or
(d) other evidence acceptable to the state registrar.
(2) Evidence that the infant was born alive, such as but not limited to:
(a) a statement from the physician or other health care provider who saw or examined the infant, or
(b) an observation of the infant during a home visit by a public health nurse, or
(c) other evidence acceptable to the state registrar.
(3) If the birth occurred in the mother's residence, evidence of the mother's presence in Ohio on the date of the birth, such as but not limited to:
(a) a driver's license, or a state issued identification card, which includes the mother's current residence on the face of the license or card, or
(b) a rent receipt or any type of utility, telephone or other bill that includes the mother's name and address.
(4) If the birth occurred outside of the mother's place of residence and the mother is a resident of this State, such evidence shall consist of:
(a) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and;
(b) Evidence of the affiant's residence;
(c) Evidence of the mother's residence;
(d) Any other evidence acceptable to the state registrar.
At the discretion of the state registrar, additional evidence may be required to verify the facts of birth. If the required evidence is not available and the local registrar is not able to verify the facts of birth, the out of institution birth may be registered only by a court of competent jurisdiction.
Effective: 12/01/2005
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#5 of 11 Old 02-05-2006, 03:47 AM
 
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OOOooooo, I really want someone to take in crotch (and face) shot pics of birth - preferably baby head at least out - as proof of pregnancy (and live birth - maybe a suckling babe with cord still attached and still going inside mama). I almost wished I lived in Ohio - I would SO do it!

Stupid bureaucratic buttheads.
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#6 of 11 Old 02-09-2006, 12:56 AM - Thread Starter
 
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thank you so much for the info. I am going to start looking into what to do.
Barbara
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#7 of 11 Old 02-09-2006, 04:39 PM
 
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Quote:
Originally Posted by Arwyn
OOOooooo, I really want someone to take in crotch (and face) shot pics of birth - preferably baby head at least out - as proof of pregnancy (and live birth - maybe a suckling babe with cord still attached and still going inside mama). I almost wished I lived in Ohio - I would SO do it!

Stupid bureaucratic buttheads.
That is *exactly* what I was thinking!! In my head it went something like, "How about a picture of baby being born where you can clearly see mom and baby's faces... that's pretty good proof, I'd like to see them fight that! Or a video, hmm..."

But seriously, that law is awful. I had no idea that states were doing things like this in order to "tighten security" or whatever BS they call it.

I think if it were me, I'd go find one of those free pregnancy testing centers and get documentation of pregnancy from them. I would think they'd have a licensed nurse on staff. I don't know about proving the birth though... what a PITA!
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#8 of 11 Old 02-11-2006, 06:08 PM
 
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Our situation is a bit different, but our mw's have a nurse who will come to our house to test for PKU the week of birth. So, theoretically, her certification would work for both the first two requirements.

Also, if you had to get on public medical assistance, they always require "proof of pregnancy" which is usually just a note from the docs saying you are in fact pg. I wonder if you could go to a doc and tell them you're needing proof of pg for Medicaid...I mean, that should work for requirement 1.

Or if you plan on going in to your ped for a checkup in those first 10 days, he could fulfill the second requirement. I wasn't planning on running in there that early, but I guess if I had to it woudn't be so awful. I'm also seeing a backup CNM and I could get info from her if needed.

I'd also say check with your mw, see if she has some connections with a CNM or backup OB would could help fulfill the requirements.

It sucks, I know : but I guess for the time being we have to just do what we have to do. I'm seriously thinking about the birth pictures that is too freaking funny!! But...dh usually does this kind of stuff (running errands, taking care of the menial stuff lol) while I'm still freshly post partum and I don't think he'd want to take the pics in to show them

C ~ mama to (16), (13), (9) (5)

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#9 of 11 Old 06-09-2008, 02:15 PM
 
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due to the hard work of interested parties, ODH now accepts midwives verification of pregnancy and live birth.

Your home birth midwife should not have any problem helping you file your neborn's birth certificate.

Yep !
Congradulations to ODH on making a wise decision.
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#10 of 11 Old 06-09-2008, 11:39 PM
 
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oh that's wonderful! I didn't notice when the posts were written until i got to the end.

CONGRATULATIONS!

: the sun is always shining here. loving life with DP and DS
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#11 of 11 Old 06-12-2008, 03:13 AM
 
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Current requirements for filing an out-of-institution
(home birth) birth certificate in Ohio are:
(1) Facility Worksheet For The Live Birth Certificate
(2) Mother's Worksheet for Child's Birth
(3) Pregnancy Verification and Infant Verification for
Out-of Institution Births
(4) Proof of Mother's residency in the State of Ohio on
the date of the birth
(5) Delayed birth Registration Affidavit if the filing of
the birth certificate will extend beyond 10 days after the
birth

For information on proof of identity (driver's lic. or state ID card for instance) and proof of residency (various items can do for those..such as bank statement with mother's name on it, etc.) contact your local health department, who will provide a check list for what different things are acceptable.

The State of Ohio determined that all unlicensed midwives can verify pregnancy and live birth after receiving authorization to do so. Any midwife not currently authorized to provide verifications can apply for such authorization.

The following statement of what is being accepted: "Statement by a Certified Professional Midwife (CPM) who submits a copy of current and valid certificate from the North American Registry of Midwives (NARM) that establishes their credentials as a CPM."

Other midwives (those not CPMs) need to have an authorization form filed with ODH wherein she has signed a Ohio birth certificate prior. I have been explained that this could be a case where a licensed medical provider verified a mother's pregnancy and the live birth..and the midwife signed as attendant and filed the birth certificate. Then the midwife may use that filed b.c. (inform ODH of DOB, name of mother & baby) when she applies for the authorization to sign b.certs.
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