Indiana midwife prosecuted for practicing medicine without a license
Filed under: Your Pregnancy
There's an interesting article
in today's New York Times that tells the story of Jennifer
Williams, a midwife being prosecuted in Indiana for practicing medicine without a license. She faces up to 8 years in
prison under that charge. The article brings up her story in the larger context of the propriety of lay midwives
operating out of people's homes instead of hospitals. One local prosecutor compares unlicensed midwives to
unlicensed truck drivers: "He may be doing an awfully fine job of driving his truck, but
the state requires him to go through training, have his license and be subject to review."
Experts estimate that there are about 3,000 unlicensed midwives operating throughout the country. A third of those have been certified by the North American Registry of Midwives, a private entity whose evaluations are recognized in some 20 states. In some states, like Indiana, only doctors and nurses may legally deliver babies. Peggy Welch, a Democratic Indiana state representative from Bloomington, has introduced legislation in Indiana to make lay midwifery legal and regulated. "It is not illegal to have a home birth," Welch said. "But doctors and nurses are choosing not to do home births. I don't want to have a midwife hesitate to take a woman to the hospital because she is afraid she will be arrested."
What good, if any, does prosecuting unlicensed midwives do if women are going to continue to demand at-home births, and doctors and nurses refuse to meet those demands?











ReaderComments (Page 1 of 1)
4-03-2006 @ 7:24PM
Ms Sisyphus said...Not to mention the fact that given the staggering medical costs and woefully inadequate health insurance that pinch many American families, a hospital birth is not really an option. To diallow home midwife births is to essentially deny many families affordable natal care.
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4-03-2006 @ 7:33PM
Mandie Christenson said...I guess alot of Indiana parents will have to lobby hard and keep on their congress people, as well as local government, to show that this issue is important and needs to be addressed at a state level.
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4-03-2006 @ 7:44PM
momma2mingbu said...I am pretty sure that I sent this story to Blogging Baby once before when this case first hit the news a couple of months ago. I know many families who have been involved in protesting and trying to call attention the the Bill that we want passed.
I want to clarify - "In some states, like Indiana, only doctors and nurses may legally deliver babies" - so women here in Indiana *DO* have the possibility of using midwives in the home or the hospital setting *IF* they are Certified Nurse Midwives. Unfortunately, malpractice insurance has made it difficult to find CNM's who are still willing to attend homebirths. (The practice of midwives that attended my homebirth had 2 CNM's, a CPM and a direct entry MW in it. The week after my birth their practice disolved due to the astronomical rates for insurance.) So right now, if you want a homebirth in Indiana you have to find a CPM or a direct entry MW who will attend it. And most likely you will have to find your own back-up doctor since these women are practicing "outside the law" without a license in this state. (Many of them may have CPM status, but it isn't recognized here.)
The problem we have here is that many Indiana citizens WANT Certified Professional Midwives to be licensed in Indiana BUT we have legislators (Namely...PAT MILLER) who blocks the legislation any time it is introduced. How is it fair that ONE person kills this bill every time and has for many years? How is this woman still in office? (This is the same woman who tried to license our wombs last year - http://www.bloggingbaby.com/2005/10/05/indiana-drops-bill-limiting-fertility-treatments-to-married/ and http://www.throwmillerout.org/ - so her legislative antics have been covered here on Blogging Baby in the past.)
Indiana Midwifery Taskforce - http://www.indianamidwiferytaskforce.org/ - is working to try to get the Midwifery Bill heard. It appears to be dead for this year.
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4-03-2006 @ 8:06PM
LB said...My state has a similar situation. I have been to our capitol and the legislators bat thier eyes and coo," but can't you have a homebirth with a doctor or nurse midwife?" It's disgusting to see how little they care about such a our contingent. But even docs and CNMs who might wish to do more HBs are golden handcuffed to thier professional organizations and insurers.
The "good" it does the anti-midwife movement by making some states hostile is exactly that, midwives leave. Some excellent direct entry midwives have left my state for friendly places.
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4-03-2006 @ 8:40PM
momma2mingbu said...Just found out this story will be on the CBS morning show tomorrow (Tuesday).
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4-03-2006 @ 11:39PM
Jen said...This is unfortunate. I personally would never have a home birth - I'm too terribly paranoid, although I DO all I can to prepare for a natural birth - which involves a LOT more preparation, birth plans, support, etc. when you birth in a hospital. Medical personnel as well as hospitals are very quick to introduce chemical and surgical interventions which can make it much harder for a woman to have the natural birth she desires. Even though I personally would never feel comfortable birthing at home, I feel it's a decision that should be left to the expectant parents. I recognize the medical profession as a whole feels home births are unsafe, but that's the only way births were done years ago. Women have been birthing on their own for thousands of years - why should they be kept from doing it if that's what they feel is best? I just don't feel the people making these decisions are doing so with an unbiased outlook.
http://homeschooling.youngparentsmagazine.com
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4-04-2006 @ 7:54AM
anon said...I wish this issue got as much attention in the media as the issue of elective caesarean.
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4-04-2006 @ 2:02PM
Adrienne Backus said...I'm pleased to see such supportive comments here. Usually just the mention of HB is enough to elicit pages of horrified comments about "how could you put your baby at risk, blah, blah, blah."
It never ceases to amaze me how the powerful medical lobby will do almost anything to keep women in the stirrups, so to speak. They prate about safety and risk, etc. but the truth is that they want women to go to the hospital because childbirth services are a huge moneymaker for most hospitals.
Compare the cost of my daughter's homebirth ($2500 including all prenatal care) to the cost of an emergency c-section (upwards of $12,000 for the delivery alone). That's a huge incentive for hospitals and doctors to lobby against midwives, not to mention an incentive to push c-sections on women who don't need them.
Women have been brainwashed for years into believing that pregnancy and birth is a medical emergency. With careful prenatal care and screening, the vast majority of births could take place safely at home (not to say they all *should*...shoot, even I would consider an epidural if I were to have a second...but that's another story!)
Advocacy will not be enough. Expectant mothers are going to have to educate themselves and question authority in large numbers before the situation changes.
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4-06-2006 @ 4:18PM
busybusymomma said...Thank you for covering the issue regarding Jennifer's prosecution and Indiana legislation. I want to respond to the 2nd comment: "I guess alot of Indiana parents will have to lobby hard and keep on their congress people, as well as local government, to show that this issue is important and needs to be addressed at a state level."
Hoosiers HAVE been lobbying since 1993 for this legislation, that's 13 years... and Jennifer has been lobbying for that very legislation herself. It if had been passed like it should have, she wouldn't be facing legal prosecution.
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