what states DO NOT allow HomeBirth??? - Mothering Forums

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#1 of 27 Old 12-06-2009, 03:00 AM - Thread Starter
 
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i here from time to time that some states dont allow home births? is there a site that someone has that say each states laws on it.

i am in Colorado and home birth is supported over all but DRs frown in transfer cases. and from what i understand Minnesota is the same way.

so there are 48 other states what are their views?

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#2 of 27 Old 12-06-2009, 04:06 AM
 
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There are no states that prohibit homebirth, persay. The issue is that a small handful of states don't license direct-entry midwives.
This is from wikipedia:
No state prosecutes mothers for giving birth outside of a hospital. In 37 states it is legal to acquire the services of a midwife. Many midwives continue to attend mothers in states where it is illegal, while efforts are underway to change the law.

Practicing as a direct-entry midwife is still (as of May 2006) illegal under certain circumstances in Washington, D.C. and the following states: Alabama, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, North Carolina, South Dakota and Wyoming.[35] However, Certified Nurse Midwives can legally practice in these areas.

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#3 of 27 Old 12-06-2009, 04:13 AM - Thread Starter
 
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so they can legally practice but not attend home births?

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#4 of 27 Old 12-06-2009, 06:40 AM
 
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In my state, MWs can be licensed and legally attend HBs, however, they have to have their applications approved (or something like that) and very few, if any , have actually "been approved" because the approval board is made up of OB/GYNs (I know in my area no new ones have been approved in like 30 years). Therefore, although technically they "can", they can't because they cannot get their liscense.

Any misspellings or grammatical errors in the above statement are intentional;
they are placed there for the amusement of those who like to point them out.
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#5 of 27 Old 12-06-2009, 01:20 PM - Thread Starter
 
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Originally Posted by Kidzaplenty View Post
In my state, MWs can be licensed and legally attend HBs, however, they have to have their applications approved (or something like that) and very few, if any , have actually "been approved" because the approval board is made up of OB/GYNs (I know in my area no new ones have been approved in like 30 years). Therefore, although technically they "can", they can't because they cannot get their liscense.
WOW! and what state is that if you dont mind sharing...

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#6 of 27 Old 12-06-2009, 02:39 PM
 
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WOW! and what state is that if you dont mind sharing...
I'm curious too.

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#7 of 27 Old 12-06-2009, 03:15 PM
 
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I'm in Ohio and they don't regulate homebirth at all. Obviously, you are legally allowed to give birth at home anywhere, it's the attendant that matters.

While the state "stays out of" the whole matter, there is much hostility from the medical community in most cases. I'm sure it totally depends on each Doc and practice but the bias is out there.

I did parallel care to have an up-to-date ob chart in case of transfew but I would never have told them. Even the midwife who saw me who'd had a homebirth herself wasn't willing to discuss it.

My baby had a mild dystocia and shoulder strain and while we were welcome to take her to the doc right away to be checked out, my midwife cautioned that it would really be a big hassle for us and there was no other treatment than the one we were doing. Luckily, my ped said she was right and didn't order x-rays.

I do feel I got a bit of the cold shoulder from the nurse at the peds office. I've gone there for 10 years and this was my first homebirth but it's like she wouldn't look at me or anything. I've had her many times before. Of course I could be reading into it!

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#8 of 27 Old 12-06-2009, 03:28 PM
 
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I live in Kentucky and here direct entry midwives aren't legal. It's very frustrating because if you need medical care at any point and the doctors find out you were seeing a hb midwife, they treat you EXTREMELY rudely.

I had a miscarriage at 12 weeks with my last pregnancy, and when I wanted to get an ultrasound to find out what the red bleeding was from (miscarriage or what) initially, no providers would see me in our town because I hadn't gone in early and started prenatal care. The ER I went to lectured me about not getting prenatal care (as I was laying there bleeding!) and I finally told them I'd been seeing a midwife and they were absolutely horrible about it.

It's very difficult to get good back up care here. I saw an OB's office at the beginning of this pregnancy because I didn't want to be caught in the same situation as last time--if I had any red bleeding I wanted to be able to get an ultrasound and care. I didn't tell them anything about the midwife. If something goes wrong later in the pregnancy I'm not sure what will happen, but I'm trying not to worry about that. (I can't continue seeing the OB through out the pregnancy because they want me to start a payment plan for the birth with them at the hospital, plus I will be subject to all kinds of tests I do not want...)

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#9 of 27 Old 12-06-2009, 03:50 PM - Thread Starter
 
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this is all so interesting to me! i know when i was doing fertility i accidental said when i get PG i was going to have a HB. the DR (OB) literally said then we are done here. he would no longer see me. when i told him i did not hire him to deliver my baby. i hired him to get me PG and after that his job was done. that just pissed him off more. he said that it was first and for most his job to deliver babies. i kindly responded that even if i did have him attend my birth he would NOT be delivering my baby. that is my job.

after talking to the midwife i plan to use that is his way. she referred me to an awesome guy who will get me PG when i am ready!

i will say i was shocked at the first reaction!!!

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#10 of 27 Old 12-06-2009, 03:56 PM
 
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Originally Posted by lovebug View Post
this is all so interesting to me! i know when i was doing fertility i accidental said when i get PG i was going to have a HB. the DR (OB) literally said then we are done here. he would no longer see me. when i told him i did not hire him to deliver my baby. i hired him to get me PG and after that his job was done. that just pissed him off more. he said that it was first and for most his job to deliver babies. i kindly responded that even if i did have him attend my birth he would NOT be delivering my baby. that is my job.

after talking to the midwife i plan to use that is his way. she referred me to an awesome guy who will get me PG when i am ready!

i will say i was shocked at the first reaction!!!
Wow how rude!

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#11 of 27 Old 12-06-2009, 07:06 PM
 
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I live in florida and hb/cpm is "legal" -- it's even paid for by state insurance (medicaid). However, the medical community and the homebirth community are very hostile to each other. After my daughter was born, I called a local pediatrician to do the newborn check, and the office staff on the phone first asked me which hospital she was born at, and when I said I had her at home, the receptionist said, "We don't see homebirth babies" and hung up on me. I ended up taking my baby to another pediatrician who is a good friend of my mother's, and I think she was only very kind to us because she knew the family. My midwife practice clearly despises my pediatrician's office. it's ridiculous. There is definitely a huge disconnect.

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#12 of 27 Old 12-06-2009, 07:21 PM
 
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Indiana is legal for CNMs only but there aren't very many at all- no homebirth CNMs in the entire bottom half of the state.

CPMs are working hard for legislation and we really do hope 2010 will be the year that CPMs are legalized in Indiana.

As for transports, it depends on the area and the hospital. Some hospitals are great and others not so great.
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#13 of 27 Old 12-06-2009, 08:25 PM
 
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In Alabama midwifery is not sanctioned, there are not even nurse midwives in hospitals. The medical community is very big here, the doctors have a huge lobby and don't want lower level care horning in on their business. There are even very few physicians assistants as well. That said, there is a lot of very exceptional care to be had in the ********** area for all sorts of ailments and some very good obstetricans. I just wish that we could have a less hostile environment for homebirth.

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#14 of 27 Old 12-06-2009, 08:34 PM
 
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Originally Posted by ExuberantDaffodil View Post
I live in florida and hb/cpm is "legal" -- it's even paid for by state insurance (medicaid). However, the medical community and the homebirth community are very hostile to each other. After my daughter was born, I called a local pediatrician to do the newborn check, and the office staff on the phone first asked me which hospital she was born at, and when I said I had her at home, the receptionist said, "We don't see homebirth babies" and hung up on me. I ended up taking my baby to another pediatrician who is a good friend of my mother's, and I think she was only very kind to us because she knew the family. My midwife practice clearly despises my pediatrician's office. it's ridiculous. There is definitely a huge disconnect.
This is not my experience at all. My midwife was well known by my pediatrician and she actually recommends clients to the midwives. They even collaborated on a few issues when my son was a neonate.

It really depends upon your area, I think. I also believe that in order to be received as professionals, midwives should act professionally. In Florida, in particular, midwifery is LEGAL and protected by Florida Statute 467.
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#15 of 27 Old 12-06-2009, 08:39 PM
 
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Hi, I'm sorry to be asking this on your post, but I can't seem to find a way to start one of my own.
Does anybody know of a link to the midwifery laws in New York, or any information on it?
I'm trying to figure out if I could complete the National College of Midwiferys' apprenticeship program in New York.
If anyone could help me out that'd be great, thank you.
(or even show me how to post my own thread would help!)
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#16 of 27 Old 12-06-2009, 11:02 PM - Thread Starter
 
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Hi, I'm sorry to be asking this on your post, but I can't seem to find a way to start one of my own.
Does anybody know of a link to the midwifery laws in New York, or any information on it?
I'm trying to figure out if I could complete the National College of Midwiferys' apprenticeship program in New York.
If anyone could help me out that'd be great, thank you.
(or even show me how to post my own thread would help!)
i think this is the PERFECT spot to ask! that is just why i posted this thread. there is no clear spot to find this info... that i can find...

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#17 of 27 Old 12-06-2009, 11:16 PM
 
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The best way to get the most up to date information on your state's laws regarding midwifery would be to contact your state's midwifery association, or to contact the person listed for that state on the mana.org website.

eta: esp if you are a student and trying to decide your educational route... I would get hooked up with midwives across the state.
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#18 of 27 Old 12-06-2009, 11:20 PM
 
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http://www.thebigpushformidwives.org...atus/index.htm

Some of the states where CPMs practice legally have really difficult state laws so that there are very few legally practicing CPMs. Still, this site is the best condensed info I've seen.

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#19 of 27 Old 12-07-2009, 01:35 PM
 
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In NY, it's legal for CNMs to attend homebirths (and NYS law requires insurance companies to pay for them, though there seem to be certain circumstances where they get around it), but the CNM must have an OB officially back them up...so there tend to not be too many homebirth CNMs because the OBs don't want their neck on the line.

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#20 of 27 Old 12-07-2009, 01:42 PM
 
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In NY, it's legal for CNMs to attend homebirths (and NYS law requires insurance companies to pay for them, though there seem to be certain circumstances where they get around it), but the CNM must have an OB officially back them up...so there tend to not be too many homebirth CNMs because the OBs don't want their neck on the line.
Yeah, we only have 9 HB midwives in all of New York City. But my experience is that HB is fairly accepted here, albeit being controversial. We have a strong community of MWs, doulas, etc. who are into HB, and one of the hospitals here is the designated back-up for HB midwives and I've heard that while they are not exactly wonderful about it, they are not terrible either. A few of our HB midwives have privileges there, too. HB midwives, being CNMs, also have prescription privileges, can order all kinds of tests, and could all theoretically work in hospital if they wanted to.

I think we have it pretty good in NY (at least NYC) compared to what I am hearing about elsewhere.
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#21 of 27 Old 12-07-2009, 01:45 PM
 
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Wow, 9! We have...1, here in Buffalo. The next closest is at least an hour away and I believe only accepts one client per month (due date) up this way. I've met a surprising number of local women who have had homebirths though, which is great given the circumstances! Buffalo is kind of ridiculously medicalized though and the medical community has been pretty hostile to alternatives (both birth centers and homebirths).

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#22 of 27 Old 12-09-2009, 02:40 PM
 
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Tammy645--I don't know where to find the laws per se, but I'd suggest asking a homebirth midwife. I'm in the Hudson Valley and had 5+ cnms to choose from. And insurance is covering it all! So awesome, as I had to pay out of pocket when my first was born in MA.

Incidentally, my cnm has an official backup ob. But he does not practice at the hospital where I'll go in event of transfer (it's too far). We'd just go via the ER at my local hospital. I don't know if the insurance folks realize that; I'm not telling them!

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#23 of 27 Old 12-10-2009, 08:46 AM
 
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NC:

CNMs are licensed, but must practice with the supervision of an OB. there are few OBs willing to do this in the state, so most CNMs practice in natural-birth friendly hospitals in the L&D, or as part of an OB practice. very few home birth CNMs.

CPMS are NOT licensed, but there are quite a few, concentrated in HB-friendly areas, who do prenatal care and home births. we have a great referral community that helps promote quality MWs, and people pay cash.

there are also lay-midwives who practice similarly to the CPMs.

there's a big effort by some to push through licensure for CPMs in the state. this would broaden access for women, but some midwives fear the licensing requirements that could come with it, and prefer to operate free and clear of all protocol, insurances, etc.

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#24 of 27 Old 12-10-2009, 07:17 PM
 
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Originally Posted by ExuberantDaffodil View Post
I live in florida and hb/cpm is "legal" -- it's even paid for by state insurance (medicaid). However, the medical community and the homebirth community are very hostile to each other. After my daughter was born, I called a local pediatrician to do the newborn check, and the office staff on the phone first asked me which hospital she was born at, and when I said I had her at home, the receptionist said, "We don't see homebirth babies" and hung up on me. I ended up taking my baby to another pediatrician who is a good friend of my mother's, and I think she was only very kind to us because she knew the family. My midwife practice clearly despises my pediatrician's office. it's ridiculous. There is definitely a huge disconnect.
This is not my experience either. I have seen a few different pediatricians and they don't give a hoot that I used midwife and planned a homebirth, in fact the docs all seem to know the midwives and refer back and forth.

+ = and .
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#25 of 27 Old 12-10-2009, 09:07 PM
 
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Originally Posted by Kidzaplenty View Post
In my state, MWs can be licensed and legally attend HBs, however, they have to have their applications approved (or something like that) and very few, if any , have actually "been approved" because the approval board is made up of OB/GYNs (I know in my area no new ones have been approved in like 30 years). Therefore, although technically they "can", they can't because they cannot get their liscense.
For decades in CA, midwives were legal if they passed a test, but the test for midwives had not been given since the 1940's.

Quote:
There are no states that prohibit homebirth, persay. The issue is that a small handful of states don't license direct-entry midwives.
This is from wikipedia:
No state prosecutes mothers for giving birth outside of a hospital. In 37 states it is legal to acquire the services of a midwife. Many midwives continue to attend mothers in states where it is illegal, while efforts are underway to change the law.

Practicing as a direct-entry midwife is still (as of May 2006) illegal under certain circumstances in Washington, D.C. and the following states: Alabama, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, North Carolina, South Dakota and Wyoming.[35] However, Certified Nurse Midwives can legally practice in these areas.
Nebraska prohibits any out of hospital birth, even UC.
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#26 of 27 Old 12-10-2009, 09:50 PM
 
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i'm in nm:

cpms (called lm's here) are licensed and regulated through the dep't of health. there is a defined scope of practice and designated protocols that are followed within that scope. transfers of hb's are readily accepted and are generally met by kind and understanding hospital staff in 2 of the 3 hospitals here in albuquerque. overall, our state is exceedingly friendly to cpms and cpms generally interact with the medical community pretty well. there are some snags here and there, but it is to be expected when 2 different models of care come together and both are very different, though the end goal is the same.

cnms are licensed and can practice individually (then no hospital privledges. ie, in the case of a hospital transfer, the cnm cannot deliver the baby, and becomes an advocate for mom/baby, but has no say in final decision making), or work in the hospital (full privledges under their scope of practice). a hb cnm, under state law, can write her own protocols under the scope of practice. i am not positive, but i believe cnms are regulated under something other than the health dep't.

overall, i think my state is quite friendly towards midwives of both licensures, and medicaid covers homebirth with either type of mw.
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#27 of 27 Old 12-13-2009, 09:08 PM
 
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i here from time to time that some states dont allow home births?
NO states prohibit homebirth! As some prior posters have pointed out, however, some states regulate who can legally attend a homebirth.

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