Indiana’s Midwife Laws Under Fire

Injury Attorneys | Restoring LivesTM

April 20, 2012 | Birth Injuries |

mother-and-baby

Nearly 100 people were seen protesting outside the LaGrange County, Indiana courthouse on Monday, April 9. Ireena Keeslar was arrested on March 31 on a felony charge of practicing midwifery without a license.

Indiana Laws Against Midwives

Indiana is one of fifteen states that prohibits Certified Professional Midwives (CPMs) from delivering babies and generally prevents women from choosing midwife-assisted home births. In Indiana, to legally practice midwifery, one must qualify as a certified nurse-midwife (CNM), meaning they are a registered nurse with a bachelor’s degree in nursing and have also obtained a master’s degree from a national accredited school of midwifery. This standard is significantly higher than that of other states, as a CNM has specialized education and training in both nursing and midwifery.

LaGrange County prosecutor’s investigator said Keeslar had been a licensed nurse but let her license lapse, making her ineligible under Indiana law to perform midwifery services.

CNMs usually practice under the supervision of obstetricians and generally only assist in deliveries conducted in hospitals or clinic environments. Additionally, unlike many states, Indiana courts have held that the administration of extensive prenatal care and the performance of deliveries do constitute the practice of medicine, and thus only doctors and CNMs may legally conduct these procedures.

Midwifery as Malpractice

Due to the recognition of midwifery as the practice of medicine, it is unlawful to practice without a license and both felony criminal charges and medical malpractice actions can be brought against unlicensed midwifes. Many hospitals do not support the practice of midwifery because the malpractice insurance rates may be higher in order to cover midwives.

Advocates in favor of home-births argue that states should recognize CPMs and do away with the stricter CNM requirement for practicing midwifery. These arguments are based on a woman’s constitutional right to choose among birthing options, women’s right to privacy, and the significant public health and economic benefits that result from greater access to midwife care.

Contact a Birth Injury Attorney Today

If you believe that your child has been injured as a result of negligent care, contact the Indianapolis Birth Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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