Midwifery
Council
Copyright 2005-2007
Idaho Midwifery Council
All rights reserved
Legislative Update
Currently, the State of Idaho offers no certification process or licensure for direct entry midwives. However, midwives are recognized in the Idaho code: they are instructed to test for syphilis prenatally, to instill eye ointment in the newborn's eyes, to perform newborn screening, and to file birth certificates in a timely manner.
Because of this unlicensed and unregulated situation, many Idaho midwives have opted to acquire voluntary certification through the North American Registry of Midwives. NARM verifies the education and skills of applicants and grants the status of Certified Professional Midwife to those who satisfactorily complete the process. However, the CPM credential does not protect midwives practicing in Idaho from the potential of prosecution for the "practice of medicine" if they choose to use drugs, perform an episiotomy, or suture an episiotomy or a tear.
Legislation is a multi-faceted issue. A midwifery law has been proposed a number of times in recent years, but to date has never made it through the writing process, into committee, and out onto the Idaho Senate and House floors for a vote.
IMC
has a legislative committee which is actively involved in writing and
rewriting a midwifery voluntary licensure bill, working with the Idaho Perinatal Project
addressing their concerns, educating the public regarding the benefits of
midwifery care and many other
tasks. It is our responsibility as midwives, friends of midwifery, and
responsible consumers of midwifery to stay abreast of any developments in
this area. Please check
back often.
Legislative Report Spring 2008
Following our legislative efforts last year, Senate Bill 1145 which proposed voluntary licensure for the CPM, was reworked and rewritten by IMC's legislative committee in cooperation with the Idaho Perinatal Project and others with an interest. Idahoans for Midwives also worked very hard getting the word out to midwifery consumers and expanding support for midwifery and midwives.
Early in the 2008 legislative session, the bill was reintroduced as House Bill 488, The Idaho Midwifery Voluntary Licensing Act. Barb Rawlings, Michelle Bartlett and Kyndal May met with House sponsor Reps. Janice McGeachin and Jo An Wood and original Senate sponsors of the 2007 bill to prepare for the hearing before the House Health and Welfare Committee. Many midwives and midwifery supporters called, emailed and wrote letters explaining why this bill is needed and urging legislators to support the bill. Families visited legislators in person. Not surprisingly, the Idaho Medical Association lobbied against the bill, citing many reasons, notably the voluntary aspect.
Impassioned testimony, presided over by Rep. Sharon Block, was presented to the House Health and Welfare Committee over two days by supporters and detractors. After a further day of discussion, amendments were added and the bill was passed out of committee 9-3 with the voluntary nature of the bill intact.HB 488 was read on the House floor and as expected, Representatives opposed to the bill presented amendments against it, all of which were voted down. The bill was read twice more before the House and was set for debate and a vote. When it appeared that passage was likely, the bill was referred to the Idaho Attorney General for his opinion on some ambiguous language. After discussion with attorneys, HB488aa was pulled from the House calendar until the problem can be corrected.
Although disappointing at the end, the wild ride of 2008 was successful in many ways. Many thanks go to our great sponsors and co-sponsors both in the House and Senate, as well as other legislators who were so supportive. In addition, a great debt is owed to Barb, Michelle and Kyndal who gave so much time and effort, and also to the many supporters of midwifery in Idaho. Your voices were heard!
Take a deep breath, for 2009 is ahead and with it come new legislative challenges. Idahoans for Midwives is in need of volunteer help; please contact contact Caralee Anderton at 542-1199 if you can help. IFM valiantly supported us in the legislative process.
Note from Michelle Bartlett April 2008
Dear Friends,
I have been lurking for a few days. I think communication is always a good
idea. I would like to respond to a few of the issues raised.
In 2001, I was arrested at my home, in front of my 6 children, and on a
holiday weekend. The arrest warrant was in the form of a $5000.00 cash only
bond. Needless to say, I spent almost 24 hours in jail and had a very
sleepless overnight stay in a pod of about 20 other women. The whole
exerience still brings up very very strong emotions. It actually took my
several years before I could even talk about my exerience.
No one can imagine the amount of stress and trauma that a family goes
through when a prosecution happens. I did, in fact, quit practicing
midwifery at one point. It cost $10,0000 in attorney's fees to have the case
dismissed. Friends, church members, and having fundraisers did help with
$3000.00 of the expenses. But in reality, the financial impact was the least
of the stresses associated with midwifery prosecution.
Midwifery prosecution is on the rise in the US. A midwife in WY. was just
prosecuted. I could go on and on with a list of midwives that have gone
through prosecution. Prosecution can ruin a midwives complete livelihood,
not to mention the toll on the birthing community.
When pregnant couples come to me for an interview for services, many times
one of the questions they ask is 'Do you have pitocin to stop a hemorrhage?'
And, I don't blame them. It is what I asked my own midwives. Hemorrhage can
happen unexpectantly. Herbs work most of the time but not all of the time.
Some women are allergic to herbs. But the point is, that it is absolutely
not fair to midwives or their families, for couples to ask them to be ready
to use an antihemorrhagic or oxygen, thereby committing a felony and not
step up to the plate and help us pass a 'Voluntary' law to give them the
ability to legally practice within their training and skill level if they so
choose.
If a midwife does not want to be licensed, great, don't get a license. And,
why does anyone think that by creating licensure it makes things worse for
those that choose not to? In the bill's language, we made the practice of
midwifery expressly legal and NOT the practice of medicine, nursing or
nurse-midwifery. The practice of midwifery without a license would be
reduced to a misdemeanor instead of a felony, which, I can tell you in this
state is a $10,000.00 fine and/or up to 5 years in prison.
Also, if you think that things in the world of midwives is going to stay the
same you should investigate the AMA's Scope of Practice Partnership
resolution. Many states are starting to see the state medical associations
trying to quietly sneak in changes to their medical practice act. Because of
the huge expansion of midlevel providers the AMA is trying restriction of
the expansion of mid-level providers by expanding the definition of what
constitutes the practice of medicine. Midwives, Nurse-Anesthetists,
Chiropractors, Nurse-midwives, nurse-practitioners
We all, as citizens of this country, have a civil responsibility to protect
our choices and freedoms. Homebirth, homeschooling, freedom to reject
mandatory vaccinations and many of our other freedoms cannot be taken for
granted. Birth in this country is a mess. The cesarean section rate in this
country is a tragedy and an atrocity against women. How are we going to
change birth for our sisters and children? Birth change cannot happen is we
sit on our hands. I see a day when midwifery is legally recognized in all 50
states, technologic birth is exposed for the harm it is doing to mothers and
babies, and midwifery care is commonplace. I think the winds of change are
blowing. We now have some very proactive midwifery organizations nationwide:
The Birth Policy Coalition, The Midwives Alliance of North America, Citizens
for Midwifery, The North American Registry of Midwives, The Foundation for
the Advancement of Midwifery, the Midwives Education Accreditation Council,
The White Ribbon Alliance, the National Association of Certified
Professional Midwives. And, the list could go on. Ricki Lake's new
documentary is out and creating awareness.
Lastly, there are many states that have good midwifery licensure programs.
Wisconsin has the latest and it is working really well. Katie Prown, I am
sure would be willing to talk to you about that.
As for losing freedoms, I think we can craft great legislation and elect
officials that really care about protecting our freedoms. It is an election
year. We have to go to the polls. We have to do our part. Idahoans for
Midwives and the IMC have just sent out a candidate survey to all the
candidates statewide that are running in a primary. We will post the results
as soon as we have them. In the meantime, we should strongly consider
supporting those legislators that were supportive of the voluntary licensure
bill last year. I had the privilege of getting to know many of these people.
They would really appreciate help with their election campaigns.
Sorry this is so long. We really do need help. And, if you can't help with
your time, money is greatly appreciated. One of the goals of this group has
always been to pass legislation in Idaho. Other goals include community
awareness and education about all types of Midwifery Care.
I hope you all can come out to the Region 4 Idaho Midwives
Day Picnic May 3rd @ Tautphaus Park 11:30am.
Love, Michelle Bartlett