California's Law on Home Births
Under California law, anyone can give birth at home. California laws do not regulate home birth. However, California law does regulate the practice of midwifery in the state of California and sets specifics standards for licensure.
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History
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In the state of California, licensed midwives, working under the auspices of a licensed physician and surgeon, can assist in home births, hospital births or in a birthing clinic. Licensed midwives have been allowed to practice since 1993 in the State of California, when the Licensed Midwifery Practice Act went into effect.
Licensed Midwives
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Two paths exist to become a licensed midwife in the state of California: education and challenge. Upon graduation from an accredited midwifery school, midwife candidates must successfully complete a licensing exam administered by the National Association for Registered Midwives.
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Education Path
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Under California law, candidates seeking to become licensed midwives must attend a three-year postsecondary education course from an accredited midwifery school. Schools become accredited through the Midwifery Education and Accreditation Council, which complies with California Medical Board licensing standards.
Challenge Path
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The California Business and Professions Code provides for the midwifery candidate to challenge the licensing process by taking an exam to obtain credit for previous experience and education. Candidates, upon successful completion of the challenge process, must still pass the state exam for licensure.
Challenge Mechanisms
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The National Midwifery Institute in Bristol, Vermont, and the Maternidad La Luz located in El Paso, Texas, are the only two California Medical Board-approved challenge processes recognized for licensure.
Disclosures
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A midwife must provide a disclosure form or verbally disclose to the patient whether she carries general liability insurance and explain the provisions of Section 2507 under the California Business and Professions code. She must also inform her patients of licensing, "the specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods and access to appropriate emergency medical services for mother and baby if necessary," and provide instruction on how to file complaints with the California Medical Board.
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References
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- Photo Credit man touching newborn baby's nose image by Diane Stamatelatos from Fotolia.com
