Legal Briefing: Home Birth and Midwifery
Thaddeus Mason Pope
Hamline University - School of Law; Australian Health Law Research Center, QUT
Journal of Clinical Ethics, Vol. 24, No. 3, p. 293 (2013).
Since 2009, Professor Pope has authored a quarterly "Legal Briefing" column for the Journal of Clinical Ethics. Each briefing comprehensively reviews legal developments concerning a particular issue in clinical bioethics. The Journal of Clinical Ethics owns the exclusive copyright to distribute the full-text content.
This issue’s “Legal Briefing” column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women’s access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories:
1. Background and History
2. Certified Nurse-Midwives
3. Direct Entry Midwives
4. Prohibition of Direct Entry Midwives
5. Enforcement of Prohibition
6. Challenges to Prohibition
7. Forbearance without License
8. Voluntary Licensure
9. Unclear and Uncertain Status
10. Growth of DEM Licensure
11. Licensure Restrictions
12. Medicaid Coverage
Keywords: legal briefing, home birth, birth, pregnant, prenatal care, midwife, midwives, non-nurse, DEM licensure, medicaid coverage, baby, certified nurse
JEL Classification: I00, I10, I18, I11, K32, K41
Date posted: September 28, 2013 ; Last revised: July 1, 2014
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