HB67/SB99 - Midwives, physiologic childbirth, providing women the right to choose physiologic childbirth, providing immunity to midwives and certain healthcare providers who assist in physiologic childbirths, Sec. 34-19-11 added


HB76: Representative Ball

SB99: Senator Bussman

Summary/Synopsis:  Provides that midwives can assist in births outside a hospital or medical facility without criminal prosecution for practicing without a license if they are certified by a specified national organization and also provides immunity from liability for medical professionals for acts or omissions arising from a woman's decision to have childbirth outside a medical facility.

There is no state monitoring agency established or other state mechanism of oversight in this bill.

 League Action and Justification: Monitor

LWVAL does not have a position on midwives practicing without state certification or for or against facilitating childbirth outside a medical facility.  Our most relevant position is that we support "an aggressive campaign to reduce infant mortality [that] should include access to an adequate number and location of affordable quality prenatal services such as mobile clinics and utilization of a variety of qualified medical professionals and provision of a variety of educational strategies about family planning and prenatal care." 

The lack of specified in-state monitoring authority is of concern.

Bill Progress in Legislature:

First Readings and referred to the
01/14/2013: Read for the first time and referred to the