How has the law changed and why all the controversy ?
- By way of background, a midwife is an individual who helps expecting
mothers give birth at home.
- In the past, you had to be trained as a doctor or a nurse to serve
in the role of a midwife.
- In fact it was a felony to practicing midwifery without the proper
certification.
- Governor Blunt recently signed a bill that lowers the standard to
allow anyone who has had a training course to be a midwife.
So the law was signed. Why is there a controversy?
- Several doctors and medical organizations sued in Cole County circuit
court to stop the new law from going into affect.
- The basis of the lawsuit is that it puts pregnant women at risk because
lack of proper oversight.
- Also there were concerns that if there were complications, doctors
would not want to corporate or their mal practice carrier would not
allow them to cooperate mid wives in the event of complications.
Are there also Constitutional problems regarding how the bill
was passed ?
- The Missouri Constitution requires that each law must have one subject,
and it must be clear from the law’s title what that subject is.
Also, a law can not be amended latter to change that subject.
- The midwife clause would seem to violate both requirements, since
the law’s title was about health insurance and never mentioned
midwives.
In my opinion, the recent changes to our law lowering the standards
for midwives will by overturned by the court.
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