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Resource Packet:  Evaluating and Responding to Certified Professional Midwifery Legislation in Your State

LEGISLATIVE AND REGULATORY STRATEGIES:

As legislation is introduced that addresses DEM, it is important for members and chapters to develop a clear strategy based on full information.  These steps may be helpful in achieving that goal:
  • Obtain a copy of the legislation and evaluate it for consistency with the principles outlined in the position statement.
  • Create the opportunity for as many members as possible to obtain accurate information and to participate in an open a dialogue about the legislation under consideration. 
    • Emphasize that, because nurse-midwives have earned a reputation for providing safe care, they will be expected to have an opinion and to participate in the development of midwifery legislation and regulations.
  • The following process/questions might help guide the discussion:
    • Is the proposed legislation consistent with the ACNM Principles for licensing Midwives and other Maternal Child Health Professionals?  If not, where is improvement needed?
    • What is the current political climate for building support for or opposition to this legislation?  For example:  What is the position of the Board of Nursing and ACOG?  Are all CPMs and other midwives supportive of this legislation?
    • What are the legislative and regulatory goals and objectives of the CNMs/CMs in the state and what impact will the proposed legislation have on those goals?
    • Will this legislation improve access to care from well-qualified health care professionals?  Does it help assure continuity of care?
    • Where can you get more information on the pros and cons of this legislation?
    •  In the process of data collection, you might invite a spokesperson from other organizations to address your group.  Be sure to invite someone who is supportive and someone who opposes the legislation.
    • If the Chapter takes a position on the legislation, who will be a spokesperson on this position?
    • How will you handle internal disagreements regarding the legislation?  For example, while the Chapter may take one position, individual members may hold opposing positions.  
  • After full and careful consideration, the chapter should choose one of the following options:
    • Support the legislation
    • Oppose the legislation
    • Take no position on the legislation but, agree to provide expert opinion on the content of the legislation and regulations based on the ACNM principles and your knowledge of standards of practice.
    • Do not get involved.  While choosing to not get involved may resolve internal conflict and save on resources, this option also has the potential to negate the influence nurse-midwives need to have over any other legislation that impacts the health of women and their babies.  
Chapters that retain the services of professional lobbyists can benefit from their experience, perspective and advice in navigating this process.

There are many diverse opinions and perspectives on the subject of CPMs and direct entry midwifery. 

ACNM, as the national professional association which represents CNMs and CMs, supports the open discussion of a wide range of ideas and perspectives.  When legislation addressing DEM is introduced, ACNM would encourage chapters to work towards language which would expand the ability of certified midwives (CMs) to practice.  The ACNM position statement on the Definition of Midwifery Practice helps explain the differences between CNMs and CMs.

ACNM also encourages chapters to work towards the establishment of Boards of Midwifery that include both CNMs and CMs if and when Midwifery Boards are proposed in legislative language.  It is possible for such boards to regulate several types of midwives, including CNMs and CMs.  Boards of Midwifery must be financially independent and should include representative CNMs and CMs if they become the regulatory authority for both CNMs and CMs.

ACNM national office staff is available for consultation with members and chapters to aid in the review, analysis and development of a legislative and regulatory strategy.  We can also provide contact information for CNMs/CMs who have worked on these issues in other states.   

Updated 11/22/2006
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