How to Find the Midwifery Laws in Your State
Midwifery is an ancient and often maligned profession that can trace its history back to ancient Egypt. Ancient Greek midwives wrote books in obstetrics and the midwife present at the birth of her children may have been the only medical professional that a medieval woman saw throughout her entire life. Midwives have served as physicians, natural healers and consultants throughout history and only recently, in the beginning of the twentieth century, were subject to regulation by law. Today, after a half century of friction between medical doctors and midwifery, most states permit licensed midwives to manage childbirth and provide obstetric care. Regulations vary from state to state. Here's how to find out what the laws in your state say.
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Instructions
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Check with your school of nursing. With the increase in professional nursing classifications, many nursing schools now offer midwifery certification along with master's and nurse practitioner curricula. The "American College of Nurse Midwives" maintains a listing of schools with Nurse-Midwife programs leading to Nurse Midwife certification. Schools listed will have current licensure information for the state where they are located and will possibly have access to licensure for other states as well.
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Contact a Midwifery organization such as the "National Association of Certified Professional Midwives," "Citizens for Midwifery or Midwifery Alliance of North America." These organizations have information about educational and continuing education programs as well as state laws and direct certification (Certified Professional Midwife). Since states (not the federal government) control midwife certification, these organizations vary greatly in their memberships and mission.
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Visit your state office of professional licensure, department of registration or medical board. The office responsible for licensing emergency medical technicians, nurses and other medical personnel will have information regarding legal regulations in your state. Or find the office (or department) of regulation on your state's web site. These will generally list regulations (laws) and requirements (education, training or experience) that you must meet in order to be licensed. They may also contain links to forms for your use. If your state doesn't have an office of registration listed, try looking in the department of commerce, health or secretary of state. Any of these departments could have licensing authority, depending on the state.
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Check your state's laws on the Internet. Regulations regarding midwifery may generally be found in state statutes or administrative codes. Use a searchable copy of the statutes or the administrative code that lists requirements for licensing and regulation. Most state legislative websites will allow you to search for a certain word or phrase in a "searchable" version. Since you don't know the section you're looking for, use this feature to find licensing and registration for midwives. You can find statutes and administrative codes on state law library sites, too.
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Find out if there are any recent (or current) court cases that might have a bearing on midwifery in your state. Your nursing school, local bar association, or state court system can help you with this. Beginning in the 1940's, medical associations attacked midwifery as "folk medicine" and a number of laws passed due to pressure from these groups have only recently been reviewed and acted upon by courts.
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Tips & Warnings
Most state websites will allow you to search for "licensing and regulation" and the name of the type of license (midwifery) you're interested in. Names of offices and regulatory groups vary from state to state, so use the general headings to get to the information.
Midwifery is medical practice and is regulated by law today. Practicing midwifery without the proper credentials is illegal.
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