Legal Aspects of Midwifery

According to KidsHealth, the percentage of babies delivered by midwives has been increasing since 1975. However, many people remain unclear about midwives' legal rights and responsibilities. Learning about the legal aspects of midwifery can help expectant mothers make an informed decision when choosing a birth practitioner.

Certification

• Certified nurse-midwives hold national certification and can obtain a license to practice in any state. Other midwives, including certified professional midwives and direct-entry midwives, may only practice in some states.

Medical Interventions

• Certified nurse-midwives may legally administer electronic fetal monitoring, prescription drugs and episiotomies. Other types of midwives require the supervision of a doctor to perform these interventions. No degree of licensing permits midwives to perform cesarean sections.

Hospital Transfers

• In the event of an emergency transfer, a midwife often accompanies the patient to the hospital as an advocate. Midwives may need to support a patient's rights under the Emergency Medical Treatment and Labor Act (EMTALA), which mandates that hospitals must treat women in labor.

Patient Privacy

• Midwives must comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA protects patients' health information, such as medical history and contact information.

Liability

• When midwives work for someone else, such as an obstetrician, legal precedent dictates that the employer is liable for their mistakes. Midwives who work independently have legal responsibility for their own mistakes.