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Monday, October 24, 2011

Ind. Law - "Midwives who are not nurses may be breaking the law"

The Bloomington Herald-Times ($$$) ran a two-part series last week on midwives. Part 2, by Dann Denny, was on Indiana legal requirements. The long story begins:

Though it is perfectly legal for a mother to have her baby at home, it is illegal for an unlicensed midwife to practice midwifery by overseeing a home birth.

The state provides licensure for certified nurse midwives — registered nurses who have additional training in midwifery — but they must work in collaboration with a medical doctor if they want to prescribe medicine, which limits their ability to offer complete home birth care.

The state does not provide licensure for certified professional midwives, who lack a nursing degree. That means CPMs who attend home births are doing so illegally. Their certification is provided through a midwifery training facility.

Bob Miller, chief deputy prosecutor, said midwifery is considered a “practice of medicine,” and that in Indiana a license is required to practice medicine. “Consequently, the same statute that prohibits the unlicensed practice of medicine by doctors also covers midwives,” he said. “A doctor who practices without a license commits a Class C felony, punishable by a prison sentence of 2 to 8 years. A person who practices midwifery without a license commits a Class D felony, punishable by a prison sentence of 6 months to 3 years.”

This accompanying story is headed "Advocates seek licensing process for midwives." A few quotes:
There are 28 states that legally recognize certified professional midwives by offering them licensure.

Home birth advocates want Indiana to be No. 29.

“I think Indiana will join the others,” said Mary Ann Griffin, president of the Indiana Midwives Association. “No state has ever rescinded a state licensure program once it was enacted.” * * *

State Rep. Peggy Welch has sponsored legislation on two occasions that would have allowed CPMs to be licensed by the state to legally practice midwifery. It passed each time in the House but died in the Senate.

A H-T editorial today is titled "Indiana should take steps to license midwives." A quote:
Instead of providing obstacles to mothers who’d like professional help with home deliveries, Indiana should follow the lead of 28 other states and adopt legislation that would legally recognize and license certified professional midwives. Typically both academic instruction and on-the-job training is required for CPM licensure; licensure would serve as verification to patients and the public that the midwife has met these minimum requirements.

Posted by Marcia Oddi on October 24, 2011 03:39 PM
Posted to Indiana Law