Where are homebirth VBACs legal? - Page 2 - Mothering Forums
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#31 of 49 Old 12-14-2006, 02:48 PM
 
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Not legal in AZ for a midwife to attend a HBAC. Though I do know of a couple who probably would... best not to risk it though.
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#32 of 49 Old 12-14-2006, 03:52 PM
 
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CPMs/DEMs are legal (meaning licensed and regulated) in 24 states: AK, AR, AZ, CA, CO, DE, FL, LA, MN, MT, NH, NJ, NM, NY, OR, RI, SC, TN, TX, UT, VT, VA, WA and WI (though WI's law doesn't take effect until May 2007). In DE, NY and RI administrative agencies either refuse to issue licenses/permits to DEMs or require them to attain essentially the same training and credentialing as CNMs.

As other posters have noted, there are no laws in any state prohibiting home birth or VBAC, although in many of the states listed above, licensed midwives are either prohibited from attending HBACs or they must adhere to certain restrictions for attending HBACs. I think your friend's best bet is to narrow her options down to the above states (except for DE, which refuses to issue licenses/permits to DEMs even though the law allows for it) and then go to the state's legislative website to read the midwifery VBAC regulations for herself to make sure they haven't recently changed.

I know a number of posters have mentioned "unregulated" states, but if your friend only wants to work with a midwife who's following the letter of the law, then she should stick to the states listed above. CPMs/DEMs in all other states are subject to criminal prosecution under a range of statutes, including the medical/nurse/nurse midwifery practice acts (which all midwives in those states are violating) and laws on carrying controlled substances (i.e. Pit or Methergine).

In the case of PPH or a baby's injury or death, CPMs/DEMs in the remaining states are subject to prosecution via statutes covering the unauthorized use of controlled substances, manslaughter or child endangerment. In all of these states, CPMs/DEMs are in fact regulated, but via criminal statutes that, due to the lack of laws defining the practice of midwifery and exempting it from the statutes governing medicine/nursing and authorizing midwives to administer medications, effectively make CPMs/DEMs illegal.

Katie Prown
Legislative Chair
Wisconsin Guild of Midwives
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#33 of 49 Old 12-14-2006, 05:52 PM
 
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Originally Posted by kprown@mac.com View Post
In the case of PPH or a baby's injury or death, CPMs/DEMs in the remaining states are subject to prosecution via statutes covering the unauthorized use of controlled substances, manslaughter or child endangerment. In all of these states, CPMs/DEMs are in fact regulated, but via criminal statutes that, due to the lack of laws defining the practice of midwifery and exempting it from the statutes governing medicine/nursing and authorizing midwives to administer medications, effectively make CPMs/DEMs illegal.

Katie Prown
Legislative Chair
Wisconsin Guild of Midwives
Thank you for your clarification, Katie. The amount of misinformation and confusion regarding the legality of midwives in the U.S. is astounding.

Valerie
Illinois
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#34 of 49 Old 12-14-2006, 06:12 PM
 
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I live in NH. HBACs are legal here and in VT and are also covered by Medicaid.

- Kerri
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#35 of 49 Old 12-14-2006, 06:23 PM
 
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Originally Posted by Valerie View Post
Thank you for your clarification, Katie. The amount of misinformation and confusion regarding the legality of midwives in the U.S. is astounding.

Valerie
Illinois
True enough I think one point that needs to be made is that just because midwives attend births, HBAC or not, in a state doesn't mean that it's legal for them to do so. CT, IA, ID and MA are a few examples that have been mentioned--CPMs/DEMs aren't legal in any of those states. The fact that they're practicing without legal sanction may be tolerated for now, but midwives in any of those states could be arrested for being in violation of various laws (and it's already happened in CT).

Also, just as an aside--HBACs that end in transports or that involve a death or injury are far more likely to result in prosecution in states without midwifery laws than "run of the mill" births are.

Katie Prown
Legislative Chair
Wisconsin Guild of Midwives
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#36 of 49 Old 12-15-2006, 01:13 AM
 
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Originally Posted by kprown@mac.com View Post
Also, just as an aside--HBACs that end in transports or that involve a death or injury are far more likely to result in prosecution in states without midwifery laws than "run of the mill" births are.
The director of midwives registration in CO says that if we have a VBAC we transfer to the hospital we can be guaranteed he will hear about it in a complaint. Good outcome or not.
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#37 of 49 Old 03-06-2007, 03:07 AM
 
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#38 of 49 Old 03-06-2007, 03:30 AM
 
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Originally Posted by daniandquin View Post
Tell your friend to move to canada !!! Midwife assisted homebirth VBAC's are absolutely legal anywhere and everywhere in canada...As a matter of fact just about everything to do with birthing is legal in Canada!!.....
.....I'd like to see someone tell me that I can't have a VBAC home birth!!!

Dani
Horray!

Kate: fumbling through the best years with W, L, F & V...newest arrival coming Jan '11
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#39 of 49 Old 03-06-2007, 01:19 PM
 
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I found several midwives who would even HBA2C with me here in the Dallas area. Of course, they wouldn't take me because I have chronic high blood pressure (since age 19). Grrr....

Tamara: hs'ing Christian mom of five here and five in Heaven. Joyfully awaiting Punkin, coming mid-Sept!
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#40 of 49 Old 03-06-2007, 05:58 PM
 
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Originally Posted by ckhagen View Post
It is LEGAL in Florida, but can be very difficult to find a willing m/w with a backup OB willing to do the informed consent meeting/signoff required. Our options are dwindling and it makes me incredibly sad
In Florida, Primary VBAC requires backup OB signoff, but Secondary VBAC does not (assuming no other risk factors). Since she has had 2 VBACs already, she would be able to do an HBAC without the OB signoff. There are at least 2 wonderful homebirth midwives in the Orlando area (one has already been mentioned in this thread) that will take HBACs.
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#41 of 49 Old 03-06-2007, 06:40 PM
 
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It is legal in WA state, to have a VBAC at home. But (and this is a big but), it can be very difficult to find a midwife willing to attend a HBAC. Some midwives do, and if anything went wrong (as things do in birth), they were turned into the state and 'punished' (insurance privs taken away, under strict supervision, etc).
One midwife told me that one hospital in particular told her that if she ever transferred a VBAC patient to the hospital, REGARDLESS OF THE OUTCOME, they would turn her in for negligence. This is despite the fact that it's legal in WA. BTW, she continues to attend HBACs.
So, even though HBAC is legal here, I'd probably cross WA of the list Too bad, because it's otherwise a great and progressive state.

Danell - Craft Savvy mama to Evan (3/31/06) and Andre (8/29/07)
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#42 of 49 Old 03-07-2007, 01:11 PM
 
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We have a nice little homebirth community in Minnesota...

   *¨`*.✫*¨*.¸¸.✶*¨`*.*¨`*.✫*¨*.¸¸.✶*¨`*.*¨`*.✫*¨*.¸¸.✶*¨`*
*¨`*.✫*¨*.¸¸.✶*¨`*.Jasmine Rae Ojala*¨`*.✫*¨*.¸¸.✶*¨`*
  *¨`*.✫*¨*.¸¸.✶*¨`*.*¨`*.✫*¨*.¸¸.✶*¨`*.*¨`*.✫*¨*.¸¸.✶*¨`*
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#43 of 49 Old 03-07-2007, 05:38 PM
 
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Originally Posted by christyc View Post
Well, you have to differentiate between direct entry midwives and CNMs, in many states. I'm in SC too, and as you probably know it's illegal for a direct entry midwife to attend an HBAC, which SUCKS. CNMs can attend HBACs in SC, though no CNMs in the state will do homebirths (that I know of, and I really looked hard before deciding to travel out of state for my birth).
Christy, just curious if you'd mind sharing where you went out of state to birth your babe? I am in SC as well, and ended up having to birth unassisted because I was not informed until 7 months that my doctors wouldn't allow a VBAC (even in the hospital) and then I decided to use a midwife and found out that no midwife in the entire state was willing to touch me. Even my doula (who had already been paid for in full) backed out on me and kept the money... :

I just found out that I'm pregnant again and am trying to figure out what I'm going to do now that I have more time to plan it all out. I loved my last homebirth, but really wish I could have someone there, even if just for a 3rd set of hands and to do any stitching afterwards etc.
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#44 of 49 Old 03-07-2007, 05:50 PM
 
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Practicing as a direct-entry midwife is still illegal in Washington, D.C. and the following states: Alabama, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, Missouri, North Carolina, South Dakota and Wyoming.


There is pending legislation
* Alabama
* Illinois
* Indiana
* Missouri
* North Dakota
* South Dakota
* Utah
* Virginia

Iowa is also entertaining the Iowa Health Freedom Act which would afford midwives some legal protection but not complete.

Edited to add: I believe certified nurse midwives can attend homebirths legally in all states but good luck finding one, there is one in Iowa that I am aware of and another direct entry midwife in the process of getting certified as a nurse midwife.

Stephany
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#45 of 49 Old 03-08-2007, 12:07 AM
 
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I live in NH. HBACs are legal here and in VT and are also covered by Medicaid.
Yes, NHCMs can attend HBACs but only after 1 prior cesarean, not HBAmC.
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#46 of 49 Old 03-08-2007, 03:07 PM
 
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Edited to add: I believe certified nurse midwives can attend homebirths legally in all states but good luck finding one, there is one in Iowa that I am aware of and another direct entry midwife in the process of getting certified as a nurse midwife.

Unfortunately, NJ is still an exception there. Any midwife risks losing her license by participating in an hbac. It doesn't mean you won't find one but it's not easy. If you need a hospital transfer for any reason, you are own your own.

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#47 of 49 Old 03-10-2007, 12:52 PM
 
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It's legal in NV, although it's not regulated. However, the climate for overall VBACS (hospitals, obs etc) is not so great.
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#48 of 49 Old 03-25-2007, 06:33 PM
 
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I have been told in LA its not legal for HVBAC births. Or at least the midwives in my area won't touch me because of me wanting a VBAC.
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#49 of 49 Old 03-25-2007, 06:38 PM
 
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The HB enviornment here in GA is BAD. I am going UC as I can't even FIND a mw...I do have a slight fear of having to transfer & them freaking & calling CPS or something...but that fear won't stop me. I'll be fine - I just don't like that, should I need to transfer, I'm REALLY screwed.

~Marie : Mom to DS(11), DS(10), DD(8), DD(4), DD(2), & Happily Married to DH 12 yrs.!
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