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Name:Andrea
Location:Indiana, United States

Wife to a man, mom to two daughters, owner of two cats, learner, teacher, web surfer, reader, Sinophile...

Thursday, January 12, 2006

Local political rant

A homebirth midwife I know quite well, Jennifer Williams, is being charged with practicing medicine without a license. She could go to jail for helping a family have a homebirth.

I don't know all the details, but apparently the birth went well until the end, and then it went downhill very quickly. The baby did not survive. The parents are supportive of the midwife, but apparently someone in authority thinks an example needs to be set.

I have no doubt that this midwife did everything she could do to save the baby, including, if there was time, get it to a hospital. The thing is, (mrtl, don't read this sentence!) sometimes babies die. Even in hospitals. Most of the time, it's no one's fault. But anytime most homebirth midwives in Indiana have a bad outcome, even if the outcome would have been no different in a hospital, they risk their job and her very freedom.

Midwives in Indiana CAN be licensed...if they are nurse-midwives. But nurse-midwives who attend homebirths are not plentiful in Indiana. They have to operate out of a private practice, not a group practice with a doctor, because most doctors see midwives as a threat, as competition. Insurance for a private practice is expensive, and some insurers will not cover homebirthing midwives. There ARE plenty of certified practicing midwives in Indiana; unfortunately, state law does not currently recognize their certification (most of them obtain it from Illinois, which does train and certify non-nurse-midwives).

The midwife in this case has been lobbying the statehouse for several years to change Indiana law to recognize CPMs, but one particular state rep always blocks the bill and refuses to even give it a hearing. It dies before it even makes the docket.

There are many families in Indiana who choose to give birth at home. In fact, homebirth itself is not illegal in Indiana, not in any state. Homebirth is not for everyone, but for the families who want it, we have the right to have a trained attendant. Doctors won't do it. Nurse-midwives who will are hard to find. CPMs will do it, but they take a risk every time they do.

I am so grateful for the midwives who were my caregivers during my pregnancy and attended the births of my children. It would be a real shame if there was one less midwife available to the many Indiana families who rely on them.

4 Comments:

Blogger Susie said...

This is a tough situation. I can appreciate that the CNM may be as qualified as the nurses in that area; but if the law prohibited her from functioning in that role, well, she probably doesn't have much going for her, legally. A case like this will shine light from both sides, I guess.

11:22 AM  
Blogger Susie said...

Oops, make that CPM, not CNM.

11:24 AM  
Anonymous Anonymous said...

The fact that they can/are recognized in other states is a positive factor. Yet, with the law being what it is, thats how it is.
I'd like to read the statute, and i'm going to hit westlaw and try to find it. If, by chance, you have more info that would help me in finding it, please email it to me. Not that there is anything I can do, as i'm not an attorney, but seeing the language used would be interesting.
With regard to nurse-midwives- are they REQUIRED to even have a practice? Can their practice be out of their homes? Can many get together and form their own practice and share the insurance expenses? There must be some viable options.

I'm sorry to hear about the midwife you know, and whats happened to her, yet she knew of the consequences. I'm not trying to be harsh at all. I really do empathize with you. Its something we are taught the first term of law school- feelings have nothing to do with the law. Sometimes things may be decided on 'public policy' issues, but not many.
I'm going to go check out westlaw, and i'll be back or email you.

Hugs to you and your family!

3:01 PM  
Anonymous Anonymous said...

Found some things, emailed it to you. One is a case that was really interesting.

Hugs!

3:40 PM  

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