Missouri Supreme Court Reinstates Law Allowing Midwives To Practice In State

Main Category: Nursing / Midwifery
Also Included In: Women's Health / Gynecology;  Medical Malpractice / Litigation
Article Date: 27 Jun 2008 - 8:00 PDT

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The Missouri Supreme Court on Tuesday in a 5-2 ruling reinstated a law permitting midwives to work in the state without fear of potential criminal charges, the AP/International Herald Tribune reports (Lieb, AP/International Herald Tribune, 6/25). The law essentially allows anyone certified in obstetrics to deliver infants (AP/Springfield News-Leader, 6/24).

In August 2007, a Cole County judge issued a permanent injunction to block the implementation of a new state law that would allow midwives to deliver infants at home. The judge ruled that legalizing the trained but unlicensed practice of midwifery was invalid because it had nothing to do with the bill's original purpose of expanding health insurance options to small businesses (Daily Women's Health Policy Report, 8/10/07). The state Supreme Court overturned the ruling, saying that the Missouri State Medical Association and three other medical groups had no legal standing to sue in the first place.

Sen. John Loudon (R), who supports the measure, said, "This is a great day for home-birth families and personal freedom." Some physician groups said that the law will have "dire consequences," the AP/Herald Tribune reports. Tom Holloway, a lobbyist for the state medical association, said reinstating the law is "bad news for the patients," adding, "The way this law is written, any person that has some sort of very undefined certificate to practice anything related to child birth is going to be able to provide unlimited services related to pregnancy -- c-sections, drugs, epidural anesthesia and even abortions -- without any state regulation or oversight whatsoever." Loudon said such assertions are a "serious misinterpretation" of the law, because midwives are not trained to perform epidurals, c-sections or abortions and would not be approved to do so from the private, national groups that issue certifications.

Before the ruling, Missouri was among 10 states and Washington, D.C., that prohibit "direct-entry" midwives -- or midwives who enter the profession directly without medical or nursing degrees -- according to the North American Registry of Midwives (AP/International Herald Tribune, 6/25).

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