Bill to decriminalize Alabama midwifery passes Senate committee

An Alabama Senate committee on Wednesday passed a bill that would allow certified professional midwives to legally practice in the Yellowhammer State. The Senate Judiciary Committee approved the bill, sponsored Moulton-Republican state Rep. Ken Johnson , 9-2. The committee also approved an amendment Rainbow City-Republican Sen. Phil Williams offered that would mandate certified midwives to carry liability insurance. It also requires mothers and midwives to have a written emergency plan in place at least 30 days prior to the mother’s expected due date. Currently, state law says it’s a misdemeanor offense to practice midwifery without a license issued by the state Board of Nursing and the Board of Medical Examiners. Meanwhile, midwifery is legal and regulated in 31 states, including neighboring states Florida and Tennessee. Supporters of the bill call today’s vote a victory for Alabama midwives. “It passed!!!,” the Alabama Birth Coalition posted on their Facebook page. “We are so thankful for the favorable report from the Judiciary committee today. On to the Senate floor! We will explain the amendment in more detail later, but supporters…. this is a time to celebrate and remain positive and hopeful!!” The bill will now move to the full Senate for consideration. It has already passed the State House, 84-11.
Childbirth Freedom Act to decriminalize midwives, pave way for home births

Alabama lawmakers will consider a pair of bills that would allow midwives to work in the state and would pave the way for births outside of a hospital. One bill, HB 316 by Republican Rep. Ken Johnson, would establish a seven-member state board to oversee and regulate midwives and also allow them to practice independently. Current law doesn’t allow midwives to legally deliver babies in most circumstances, and home births are only legal in the state if a midwife is not present. While Johnson’s bill, the “Childbirth Freedom Act,” would allow midwifery in the state for those with the Certified Professional Midwife accreditation, the proposal would carve out more complicated births, such as breach births or twins, to be performed by other medical professionals. Johnson has also filed a separate bill, HB 315, that would decriminalize midwifery for certified individuals, though practicing without the proper credentials would be a misdemeanor. Midwifery is legal and regulated in 31 states, including neighboring states Florida and Tennessee, and Alabama is one of a dozen states with a currently active bill legalizing the profession. Births overseen by a midwife are typically less expensive than in-hospital births The Alabama bills are championed by Alabama Birth Coalition, and are part of a broader campaign, “The Big Push for Midwives,” spearheaded by members of the trade. Proponents pushed for a similar bill in 2016, though that bill didn’t contain the same provisions on more complicated births. Alabama issued licenses to midwives before 1975, and allowed midwives to have independent practices so long as they held a valid permit from the Department of Health, though over the next few years the state stopped renewing licenses and informed midwives they would have to shut their doors.

