[Socks!]

*Mods: I asked in TAO where to post this and they said here. Hope this is the right place.*

See http://health.groups.yahoo.com/group...leythemidwife/ for updates and more information

A popular midwife in CA got arrested and needs help. Here's the story:

I apparently violated MDC's copyright rules by posting private emails. I will try and get a link up soon. Try to check the HAMS (homebirth yahoo group) for more information for right now.
I'm sorry!

Marcia McCulley (Simi Valley midwife) was even featured in a mothering article:
http://www.mothering.com/articles/pr...c-odyssey.html

Please send letters and help the birthing community. If Marcia goes down literally hundreds of women will be cheated out of VBACS in the LA area.

On the HAMS (homebirth yahoo group) you can find out more information.

 

[artgoddess]

This is very sad for me, being pregnant and living in the area. It would amaze people to know that in a metropolis the size of Los Angeles there are not many birth center options.

 

[ThreeBeans]

OMG THE POOR

:

Do you have contact information for the hospital? I want to give them a piece of my mind.

:

 

[mermommy]

Looking for more information on this but I haven't found anything ( except the birth center site which has no mention of this yet) anyone have links?

 

[mermommy]

Quote:

Originally Posted by ThreeBeans OMG THE POOR : Do you have contact information for the hospital? I want to give them a piece of my mind. :

google says ( working to verify that this is the right place but am having a lot of trouble finding infor about the case itself) : http://www.simivalleyhospital.com/content/index.asp

direct link: http://www.simivalleyhospital.com/co...Us/contact.asp
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[Socks!]

Quote:

Originally Posted by artgoddess This is very sad for me, being pregnant and living in the area. It would amaze people to know that in a metropolis the size of Los Angeles there are not many birth center options.

Congratulations on your pregnancy! I hope everything works out the way you want it to.

And it is pretty scary to think that such a huge city is so limited with good birth options.

 

[Socks!]

Quote:

Originally Posted by mermommy Looking for more information on this but I haven't found anything ( except the birth center site which has no mention of this yet) anyone have links?

Sorry, no. I guess this is too new to be found anywhere on the www yet. I was looking for more information too.

 

[barose]

Quote:

As some of you have heard, on March 14, 2007, agents from the California Medical Board and the Los Angeles County Sheriffs department stormed into our office to serve a search warrant and arrest Marcia for practicing medicine without a license.

Please tell me why this is so wrong. Practicing w/o a license is illegal. Would you be up in arms if was a male doctor was trying to practice non-maternity related medicine w/o a license?

Yes, how they are treating her is wrong and unjust and I do want all care and birthing options available to me, etc, but she did break the law.

Is there something I'm missing? Are they incorrect? Did they set her up?

 

[Individuation]

Quote:

Originally Posted by barose Please tell me why this is so wrong. Practicing w/o a license is illegal. Would you be up in arms if was a male doctor was trying to practice non-maternity related medicine w/o a license?

No, I get why you would say that... someone else will be able to correct my info a little better, but as I understand it, California has weird midwife laws. They're not allowed to be practicing "medicine"--IE acting as an MD--and midwifery is licensed very strangely. So that's just usually the charge leveled against midwives, it doesn't mean she's a fly-by-night unlicensed midwife.

Um... someone who understands these laws, please chime in?

 

[rmzbm]

OMG.

: Can you imagine sitting in there, calmly nursing your babe & these "people" with guns drawn storming in? Un-freakin-real.

:

 

[mermommy]

Quote:

Originally Posted by Individuation No, I get why you would say that... someone else will be able to correct my info a little better, but as I understand it, California has weird midwife laws. They're not allowed to be practicing "medicine"--IE acting as an MD--and midwifery is licensed very strangely. So that's just usually the charge leveled against midwives, it doesn't mean she's a fly-by-night unlicensed midwife. Um... someone who understands these laws, please chime in?

I'll look up the laws in a min but from the OP it sounds like her license is being reviewed due to complaints ( the email says they have all been made by the hospital that has some issue with her ). When they say that she agreed " not to deliver babies" I think the medical board heard " not practice" . Thus she should not have been at the clinic in any capacity in their eyes.

Problem? She was at the clinic working - while she was not delivering babies she was there giving advice/ support what have you so she was " practicing".

This is just what I can get from The first post - there is a distinct lack of any information on this case so far. I tried searching midwife groups, the clinic site, licensing information sites, news, arrest logs, etc. I would really like to get some solid info about this story. I'm not saying they are stating anything incorrectly - I just want more info.

ETA: CA midwifery laws

http://www.mbc.ca.gov/MW_Practice_Act.htm

ETA: her license has indeed been suspended: ( updated March 15)

license suspended - no practice permitted

 

[mermommy]

found the suspension order: ( reading it now ) http://publicdocs.medbd.ca.gov/pdl/Image.aspx

* opens in adobe reader for me *

( bolding is mine) Order is Dated March 1, 2007

" The petition for an Interim Suspension order is granted. Respondent shall immediately cease and suspend practice as a midwife pending a noticed hearing that shall take place on March 20, 2007 1:30 pm at the Office of Administrative Hearings, 320 West Fourth Street,Suite 620, Los Angeles, California. Respondent shall not provide patient care pending the noticed hearing but may attend to strictly administrative functions of her practice."

It says on the order NO patient care at all - so they are technically OK for arresting her for being there in a non administrative capacity. ( not saying it's right, but " At no time was she told that she was not
allowed to be on the premises, to be in contact with her patients or to
provide non-medical support care." is technically probably covered under this line of the order)

 

[Socks!]

Quote:

Originally Posted by mermommy found the suspension order: ( reading it now ) http://publicdocs.medbd.ca.gov/pdl/Image.aspx * opens in adobe reader for me * ( bolding is mine) Order is Dated March 1, 2007 " The petition for an Interim Suspension order is granted. Respondent shall immediately cease and suspend practice as a midwife pending a noticed hearing that shall take place on March 20, 2007 1:30 pm at the Office of Administrative Hearings, 320 West Fourth Street,Suite 620, Los Angeles, California. Respondent shall not provide patient care pending the noticed hearing but may attend to strictly administrative functions of her practice." It says on the order NO patient care at all - so they are technically OK for arresting her for being there in a non administrative capacity. ( not saying it's right, but " At no time was she told that she was not allowed to be on the premises, to be in contact with her patients or to provide non-medical support care." is technically probably covered under this line of the order)

Wow! You are a great researcher!
I still think (or even more now) that Marcia needs support. It seems like the Medical Board is on some sort of witch hunt. I don't know this all just so

:
I really hope she will be able to keep practicing. LA women need her!

 

[mermommy]

Quote:

Originally Posted by 2JungsMama Wow! You are a great researcher! I still think (or even more now) that Marcia needs support. It seems like the Medical Board is on some sort of witch hunt. I don't know this all just so : I really hope she will be able to keep practicing. LA women need her!

I agree that she needs support - I'm not sure this is a *hunt* or not - that's why I'd like more info about complaints, why the hospital reported every transfer, if there were any real issues that needed to be addressed. I hope LA women get to keep their choices in birthing too.

While I understand why she would keep seeing her patients and try to make the transitions etc easier on women who were already seeing her it was not her best move considering the wording of the order - I think she'll be less likely to get reinstatement because of that choice.

 

[Midwife Kris]

Quote:

Originally Posted by barose Please tell me why this is so wrong. Practicing w/o a license is illegal. Would you be up in arms if was a male doctor was trying to practice non-maternity related medicine w/o a license?

Disclaimer, I don't know Marcia or anything other than what you all have read. That being said, the others are right in that it is very easy to manipulate the regulations to say that a *licensed midwife* was practicing *medicine* which requires an MD license, therefore allowing her to be charged with practicing medicine without a license.

It's also quite possible that when her case is reviewed the practicing medicine portion could be tossed out on a technicality, as would the complaint against her nursing license, since the beef really is with her practice as a midwife. From a legal standpoint, they throw a big net in the form of a complaint like this so they can be sure there are no reasons why the charges couldn't be filed and through the hearings process will narrow it down to what they really are taking issue with and move on from there.

Anyway, it seems to me that arresting her with guns drawn was a tad dramatic.

 

[mermommy]

Quote:

Originally Posted by metromidwife Disclaimer, I don't know Marcia or anything other than what you all have read. That being said, the others are right in that it is very easy to manipulate the regulations to say that a *licensed midwife* was practicing *medicine* which requires an MD license, therefore allowing her to be charged with practicing medicine without a license. It's also quite possible that when her case is reviewed the practicing medicine portion could be tossed out on a technicality, as would the complaint against her nursing license, since the beef really is with her practice as a midwife. From a legal standpoint, they throw a big net in the form of a complaint like this so they can be sure there are no reasons why the charges couldn't be filed and through the hearings process will narrow it down to what they really are taking issue with and move on from there. Anyway, it seems to me that arresting her with guns drawn was a tad dramatic.

It really looks like the " without a license charge" has stemmed from her being in with patients at the birthing center after her license was suspended and an order signed that said she was not to provide care pending the outcome of a hearing.

The order was signed March 1st.
She was arrested in the clinic on March 14th according to the email in the OP.
The hearing is scheduled for the 20th.

The original email states that the midwife agreed to " not deliver babies" but the order states " Respondent shall not provide patient care pending the noticed hearing but may attend to strictly administrative functions of her practice". At the time of the arrest she was technically not licensed to practice midwifery either.

 

[barose]

Quote:

Originally Posted by metromidwife Disclaimer, I don't know Marcia or anything other than what you all have read. That being said, the others are right in that it is very easy to manipulate the regulations to say that a *licensed midwife* was practicing *medicine* which requires an MD license, therefore allowing her to be charged with practicing medicine without a license. It's also quite possible that when her case is reviewed the practicing medicine portion could be tossed out on a technicality, as would the complaint against her nursing license, since the beef really is with her practice as a midwife. From a legal standpoint, they throw a big net in the form of a complaint like this so they can be sure there are no reasons why the charges couldn't be filed and through the hearings process will narrow it down to what they really are taking issue with and move on from there. Anyway, it seems to me that arresting her with guns drawn was a tad dramatic.

Thanks for the clarification!

 

[momto l&a]

I live in CA.

Now i know why my mw keeps my records at my house.

 

[Debstmomy]

This is why her license was suspended.

eta. decided to remove link. If you are interested you can look up her CA nursing license & read it on your own.

 

[Emmeline II]

Quote:

Originally Posted by barose Please tell me why this is so wrong. Practicing w/o a license is illegal. Would you be up in arms if was a male doctor was trying to practice non-maternity related medicine w/o a license?

A state licenced midwife is not necessary to me; I actually do not want my midwife to be state licenced because that limits her "allowed" services to me and those services would possibly cost me more if she were required to have malpractice insurance. If I were in a state where lay midwifery were illegal I would be grateful to a midwife who would risk her freedom to provide midwifery services.

My midwive's only complaints against her are not by patients, but by "grandparents" of the babies (mad at the parents/midwife), midwives with a grudge, and doctors; my mw is politically active for her profession and that has caused her some problems.