Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, November 19, 2013

Pope & Fisch: "Legal Briefing: Home Birth and Midwifery"

Thaddeus Mason Pope (Hamline Law) and Deborah Fisch (Independent) have posted "Legal Briefing: Home Birth and Midwifery," 24 Journal of Clinical Ethics 293 (2013) on SSRN.  Here is the abstract:

Since 2009, Professor Pope has authored a quarterly "Legal Briefing" column for the Journal of Clinical Ethics. Each briefing comprehensively reviews legal developments concerning a particular issue in clinical bioethics. 

This issue’s “Legal Briefing” column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women’s access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories: 

1. Background and History

2. Certified Nurse-Midwives

3. Direct Entry Midwives

4. Prohibition of Direct Entry Midwives

5. Enforcement of Prohibition

6. Challenges to Prohibition

7. Forbearance without License

8. Voluntary Licensure

9. Unclear and Uncertain Status

10. Growth of DEM Licensure

11. Licensure Restrictions

12. Medicaid Coverage


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