Archive for the ‘Legal’ Category

http://www.rhrealitycheck.org/blog/2009/11/04/push-push-push-certified-professional-midwifery-in-health-care-reform

Ensuring greater access to certified professional midwives (CPMs) is one way to address some of the distressing challenges facing pregnant and birthing women in this country. The Big Push, specifically, is asking for the Senate bill to include an amendment that would ensure CPMs are covered under Medicaid; this would encourage a uniform certification process for midwives in this country as well as make homebirth and CPM facilitated birth accessible to all women – not just those who can afford to pay for these services out-of-pocket.

Ask that your Senator take the lead in sponsoring an amendment to provide Medicaid payment for the services of Certified Professional Midwives, who are the only type of midwife in the U.S. with specialized training in out-of-hospital maternity care.

11
Nov

The future of private midwifery

   Posted by: R Haasch

http://www.sydneymidwife.com.au/2009/11/the-future-of-private-midwifery/

There has been stong interest on the issue of the future of private midwifery since the Health Minsiter’s announcement that clarified the meaning of “collaborative practice”. Collaborative practice will mean that every private midwife must have a collaborative agreement with a private obstetrician who can effectively sign off on the midwife’s work. If s/he does not agree with the plan of care for the woman, the obstetrician may sever the collaborative arrangement. Furthermore, with RANZCOG and the AMA being opposed to home birth, home birth will not be an option in the private system, as it is currently. The exemption that was granted to home birth will have no meaning since collaborative arrangements will be a requirement for registration for private midwifery practice.

6
Nov

One Step Forward, Two Steps Back?

   Posted by: R Haasch

http://www.dominionpaper.ca/articles/2952

In March of this year, Nova Scotia became the first Atlantic province to legislate and regulate the profession of midwifery. While this move was celebrated by many as a step forward for women and families, activists with close ties to the midwifery movement feel their work is far from complete.

“All birthing women need a choice of where they birth and who their caregiver is—I think good midwife and family-led legislation could provide that,” remarks Halifax doula Lindsay Miller. “Yet here we are so tangled up in bureaucracy and old school policy that the potential benefits of legislation are not being seen by the people it is meant to serve.”

For many women in Nova Scotia, access to care based on the Canadian midwifery model—a model based on tenets of continuity of care and choice of birth place—has actually become more difficult since the introduction of legislation, rather than less.

3
Nov

Legal Rights of the Pregnant Woman

   Posted by: R Haasch

http://www.ican-online.org/pregnancy/legal-rights-pregnant-woman

Women do not lose their constitutional or common law rights by becoming pregnant.

Today, people who understand their rights as patients are more likely to successfully negotiate the health care system, use health insurance and managed care plans, and work with physicians and other health care professionals. Most important, a just health care system requires respect for the rights of patients.

30
Oct

Whose Decision Is It, Anyway?

   Posted by: R Haasch

http://www.huffingtonpost.com/dr-sherri-tenpenny/whose-decision-is-it-anyw_b_335374.html

There has been much discussion about using schools for an “all out” vaccination campaign this fall, for both the regular flu shot and the new H1N1 vaccine.1 According to authorities, students would ideally be vaccinated before school starts, but the swine flu vaccine won’t be available until mid-October, making schools a logical place to begin mass vaccination.

In an honest yet damning press release today, ACOG released survey data that revealed that the changes OB-GYNs feel forced to make to their practices due to their fear of being sued ultimately hurt patients.

An OB-GYN recently reported (via e-mail) that litigation feels devastating to a physician who takes pride in their expertise and caring. Litigation is often a factor in depressive symptoms and suicide in physicians and one Texas physician is reported to have left a suicide note the day he settled a lawsuit which read, “I hope that my death will shed light on the problem of dishonest expert testimony.”

http://www.theunnecesarean.com/blog/2009/9/11/acog-releases-survey-results-ob-gyns-ultimately-hurt-patient.html

17
Oct

Hospital policy pains expectant mom

   Posted by: R Haasch

A pregnant woman’s pleas not to have an unnecessary caesarean are being ignored by Page Hospital administrators.

Joy Szabo, 32, said she is upset with Page Hospital’s general ruling in June prohibiting vaginal births after cesareans (VBAC). The mother of three children, she has given birth to all of her children at Page Hospital, the only hospital in the immediate area. A placenta eruption caused her to have an emergency cesarean delivering her second child, but the hospital allowed her third child to be delivered naturally two years ago.

http://www.lakepowellchronicle.com/v2_news_articles.php?heading=0&story_id=1849&page=77

http://womenshealthnews.wordpress.com/2009/08/27/tennessee-hearing-proposed-rule-that-could-restrict-practice-of-nurse-midwives-nurse-anesthetists/

A hearing is went on yesterday afternoon on a proposed rule on tamper-resistant prescriptions, but there has apparently been a push for a language change in the proposed rule that could effectively keep nurse midwives and nurse anesthetists from doing their jobs, as it would exclude them from having the authority to prescribe medications.

The problem lies in a section of the rule [PDF, 0880-02-.23 2(b)] defining who is a “prescriber”

26
Aug

Restaurant Fined: Fired Breastfeeding Mom

   Posted by: R Haasch

http://www.blisstree.com/babylune/restaurant-fined-fired-breastfeeding-mom/

An LA Restaurant was recently fined for firing an employee that breastfed her baby during her breaks. As you can imagine this did not go over very well with the community of breastfeeding moms or the legal department.

Jesus Acosta, the owner of Acosta Tacos, has been fined $46,000 for firing Marina Chavez.

http://www.ilithyiainspired.com/2009/08/senate-inquiry-midwifery.html

The recommendations to come from The Senate Inquiry held last month have been published. You can read the full document in PDF here. The most relevant recommendation to homebirthers can be found on pages 18-19.

28
May

Big Push for Midwives on Capitol Hill

   Posted by: R Haasch

http://birththeplay.blogspot.com/2009/05/big-push-for-midwives-on-captial-hill.html

Congress Invited to Attend Issue Briefing on Maternity Care and the Role of Out-of-Hospital Birth in Reducing Costs, Improving Outcomes

Expert Panel to Address the Need to Include Services of Certified Professional Midwives in Health Care Reform

http://flmidwifery.blogspot.com/2009/05/congressional-briefing-this-thursday.html

This Thursday, May 21st, at 8 am, a Congressional briefing will convene at the Sewall-Belmont House, 144 Constitution Ave. N.E., Washington, D.C. The topic of this briefing is the critical role that out-of-hospital maternity care (and the Certified Professional Midwives who are trained to provide it) can play in health care reform by reducing costs and improving outcomes.

Background: A recent study commissioned by the Washington State Department of Health found that Licensed Midwives saved taxpayers and private insurers approximately $2.7 million per year. A similar study conducted for Florida would prove that number much higher. In 2007, we welcomed 239,143 babies into the Sunshine State, as opposed to 88,958 in Washington. Medicaid currently covers about 49.6% of all Florida births (37.2% of which are cesarean sections) vs. 45.6% in Washington (29% c-section rate). Using these statistics, mathematics tells me that Licensed Midwives in Florida save taxpayers and private insurers over $10 million ANNUALLY.

20
May

New law would give midwives more credibility

   Posted by: R Haasch

http://www.wksu.org/news/story/23409

There are only about twenty certified professional midwives in Ohio, but a group that represents them says there are many more people who are working as midwives without any sore of certification or license. The group is pushing for legislation that would give midwives more credibility under the law. Stephanie Beck-Borden is the chair of Ohio Families for Safe Birth, and says right now there’s no definition of midwives in the law and no guidelines for what they can and can’t do.

12
May

One small step forward for N.C. midwifery

   Posted by: R Haasch

http://www.indyweek.com/gyrobase/Content?oid=oid%3A394594

For the past 25 years, women in North Carolina who wanted to deliver their babies at home have had very little choice in health care practitioners. Because independent midwifery is illegal here, with few exceptions, families are primarily served by practitioners licensed in other states or not licensed at all.

A bill pending in the N.C. General Assembly aims to change that, allowing for the first time in a quarter-century for midwives who operate independently from physicians to practice legally and seek licensure.

While the legislation as currently drafted is unlikely to provide women with any more choice in practitioners, the bill’s very existence represents a significant step toward normalizing midwifery care in the state, as it recognizes there is a large underserved population—as well as the fact that many midwives are meeting that need by practicing illegally.

Dear Friends,

A historic moment is upon us. House Bill 333 will be heard in the House Health Committee within the next week and in time to pass the North Carolina House of Representatives in time to meet the cross-over deadline of May 14th.

Your mission is to:

Send an e-mail to every member of the House Health Committee urging their support of HB333, and Call their offices reinforcing the e-mail.

Please continue to read for additional important information.

A little history…after last year’s House Select Committee on Licensing Midwives concluded, a report was issued containing recommended bill language. That bill language automatically gets filed (this is standard process) and the Chairs of a study committee are automatically established as primary sponsors of the recommended (in our case with HB333 , Dr. England and Rep. McLawhorn) bill. Since December when the report was issued, we recognized some amendments are needed to make HB333 really work for us; however, there are several opportunities to make our changes as the legislative process unfolds.

Initially, we were informed that HB333 would first go to the Legislative Committee on New Licensing Boards. Well, to make a long story short, that didn’t happen. So, our bill (HB333) will go directly to the House Health Committee to be heard.

Our primary objective is to pass favorably through the House Health Committee. To be successful, we need to:

Successfully pass the House Health Committee, then Pass the second committee meeting (probably not hard unless we get surprised), and finally Pass the floor of the House of Representatives.

After this, if it happens before May 15th, we will go to the Senate and Sen. (Dr.) Purcell’s Health Committee and then the Senate floor. We can amend HB333 in the Senate Health committee, or the Senate floor if need be.

So, we need to focus on our next step, which is to make the members of the House Health Committee understand how important it is to support HB333.

Your mission is to:

Send an e-mail to every member of the House Health Committee urging their support of HB333, and Call their offices reinforcing the e-mail.

If you are a constituent, it is really important that you say so. Please use your own words and the key message is to urge their support for HB333. You can find the contact information (e-mail and phone number) for each member of the House Health Committee here:

http://www.ncga. state.nc. us/gascripts/ Committees/ Committees. asp?sAction= ViewCommittee&sActionDetails= House%20Standing _26

Our bill could be heard as early as Thursday, May 7th (day after tomorrow), so if at all possible, please send your messages tomorrow (Wednesday) to the House Health Committee members. You do not need to mention amendments as we will be working on that with our supportive legislators to determine whether to amendment now or later.

It’s time to run up the hill one more time.

Russ

Russ Fawcett
Legislative Co-Chair, NCFOM

3
May

Chance to promote midwifery

   Posted by: R Haasch

Senator Berglin’s Birth Center Bill if passed, would provide the most amazing opportunity to promote midwifery that this nation has ever experienced.

While physicians can certainly establish and/or work at birth centers, the birth center is commonly associated with midwifery care. We have about 300 midwives of both CNM and CPM credentials. About 50 of these midwives attend now, or have attended, homebirths in Minnesota.

Should the bill pass, the appearance of many birth centers in our state would make many midwives needed here.
The first birth center, Morning Star Womens’ Health and Birth Center, opens June of 2009 in St. Louis Park, MN. The new birth center is independent of the bill and opens coincidentally. Several midwives are needed now. Paula is looking for midwives with out-of-hospital birth experience.

http://spinningbabies.blogspot.com/2009/04/chance-to-promote-midwifery.html

Health minister, Ann Keen chaired the Commission on Tuesday, which consisted of leading experts in the field of nursing including Unison head of nursing, Gail Adams, RCN general secretary Peter Carter and chief nursing officer for England, Dame Christine Beasley OBE.

The commission was established in response to more nurses and midwives having greater responsibilities in most areas of clinical care. It aims to consider how to build upon their expanding roles to help them contribute further to delivering high quality health care.

The Commission will report to the Prime Minister by March 2010.

http://www.nursingtimes.net/whats-new-in-nursing/pms-commission/commission-on-future-of-nursing-and-midwifery-meets-for-the-first-time/5000936.article

Target: American College of Nurse Midwives (ACNM)
Sponsored by: North American Registry of Midwives (NARM)

A recently revised Position Statement from the ACNM seeks to limit recognition of midwifery providers to those who have received their training through government accredited programs. NARM oversees the credentialing of midwives who have received their training through time honored and evidenced based systems that emphasizes clinical competency over all other criteria. This letter seeks to unite US Midwifery under the common goal of increasing access for women to the provider and setting of their choice.

http://www.thepetitionsite.com/1/support-evidenced-based-midwifery-education

CHEYENNE — State lawmakers rejected an attempt to allow certified professional midwives to practice in Wyoming earlier this year.

But work is ongoing to find a solution that permits women to safely give birth at home.

http://www.wyomingnews.com/articles/2009/04/12/news/20local_04-12-09.txt