Midwifery Laws

There are laws for all health care providers, which includes the career of midwife. A midwife plays an important role when assisting with childbirth, as a physician would and does. Some states require a midwife be under the leadership and supervision of a physician, and some do not. Becoming a midwife requires training, insurance and meeting other mandatory requirements and regulations.

Midwifery

• Midwifery is a profession in the health field, where midwives, also known as nurse practitioners, give care to expectant mothers and are present during the childbirth and provide care after birth for instances, such as postpartum. The main objective of a midwife is to help a woman have an uncomplicated pregnancy, as well as a natural birth experience.

License

• In most states, like New York, the midwife must have a license. When applying for a license in New York, you must be at least 21, have good moral character and meet educational and examination requirements. There is also a fee to obtain the license. In New York, for example, this fee is $295.

Free Of Infections

• Those who practice midwifery have to be free of disease. They may not have tuberculosis, a venereal disease or any infectious disease that is communicable. Most importantly, a midwife must be protected against smallpox.

Physician Requirement

• In almost every state, midwives are required to have some type of legal agreement with a licensed physician, unless they are a direct entry or certified midwife. The amount of work and what you can do will depend on the approval of and discretion of the physician. Violating the terms or rules of the physician will result in losing your license and other sanctions by a court of law.

Fraud

• If an applicant is not honest with the information she provides on her license application, this is a violation. No midwife may obtain a license on grounds of fraudulent behavior. This includes giving misleading information such as lying about your identity and other personal information. You may not produce false educational documents, which are required to obtain the license. This is a felony, punishable by a court of law.

Insurance Requirement

• Some states require all midwives carry some type of malpractice insurance. Vicarious liability insurance was once accepted, but in some states, such as Kansas, it is not enough, and you have to have mandatory professional liability insurance. If a midwife is not covered with this insurance, she will be responsible for any lawsuits filed in the event there are complications, mistakes or fatalities when she is providing her services.