| |
MIDWIVES and ALABAMA LAW
"Lay
midwifery" was formally recognized by Alabama law in
1919, under the old Alabama Code, Title 46, Section 168. That
statute was repealed, however, in 1976, and replaced with
the current law, Alabama Code Section 34-19-1, et. seq. The
current law allowed for "lay midwives" to continue
practicing as long as they had a license from the Department
of Health, but our understanding is that the Department of
Health issued its last "lay midwife" license in
1984. The Department's position is that it will not issue
licenses to "lay midwives"; that to receive a license
one must have a formal nursing degree; and that the repeal
of the old statute recognizing lay midwifery means the Legislature
intended to phase out lay midwives in favor of nurse midwives.
Of course, this is the Department's opinion, not necessarily
the law. No court of law has ever ruled upon whether the Department
of Public Health retains authority under the current law to
issue licenses to "lay midwives." It is our opinion
that it does.
No
one knows at this time if there has ever been a "midwifery
program" in the State of Alabama, but we do know that
the Alabama Code specifically recognized lay midwifery from
1919 - 1976. In 1976, when the new law was enacted, the Alabama
Department of Public Health renewed licenses to those lay
midwives then practicing, but refused to grant NEW licenses
unless the individual had a formal nursing degree.
Activity
- current
| Bill
# |
Full |
Status |
Description |
| hb 342 |
|
|
Direct-Entry Midwifery, practice regulated, Midwives'
Advisory Council, estab.
|
| Bill status information - |
For House Bills: 1-800-499-3052
For Senate Bills: 1-800-499-3051
|
| Health
Standing Committee representatives |
|
| Write your
representative (below) and include the facts about
why Alabamians need this bill to become
law. Following are some ideas by Chloe and Lisa you can
use: |
"Talk
to your Representative about HB 342" -  
|
| |
| Contact your law makers! |
Address |
Phone |
e-mail |
| Governor Bob
Riley |
|
|
|
| State
Representatives |
|
|
|
| State
Senators |
|
|
|
Listen to
live audio from the Alabama Legislature.
|
Articles
Midwife
links, the Alabama
code: click
on the section number to the left
Title
22 HEALTH, MENTAL HEALTH AND ENVIRONMENTAL CONTROL.
Chapter 4A FAMILY PRACTICE RURAL HEALTH
BOARD. |
| Section
22-4A-1 |
Legislative
findings and declarations.
|
| Section
22-4A-7 |
No
authority over other programs.
|
Title
22 HEALTH, MENTAL HEALTH AND ENVIRONMENTAL CONTROL.
Chapter 9A VITAL STATISTICS. |
| Section
22-9A-1 |
Definitions.
|
| Section
22-9A-2 |
Office
of Vital Statistics and statewide system of vital statistics.
|
| Section
22-9A-3 |
Appointment
of State Registrar of Vital Statistics; duties of State
Registrar.
|
| Section
22-9A-4 |
Registration
districts.
|
| Section
22-9A-5 |
Local
registrars and deputy registrars of vital statistics.
|
| Section
22-9A-6 |
Content
of certificates and reports.
|
| Section
22-9A-7 |
Registration
of births.
|
| Section
22-9A-8 |
Registration
of infants of unknown parentage.
|
| Section
22-9A-9 |
Delayed
registration of birth.
|
| Section
22-9A-10 |
Judicial
procedure to establish facts of birth.
|
Title
22 HEALTH, MENTAL HEALTH AND ENVIRONMENTAL CONTROL.
Chapter 20 MISCELLANEOUS HEALTH LAWS.
|
| Section
22-20-2 |
Prevention
of infantile blindness. |
Title
27 INSURANCE.
Chapter
48 POSTPARTUM CARE COVERAGE IN HEALTH BENEFIT PLANS. |
| Section
27-48-1 |
Definitions.
|
| Section
27-48-2 |
Coverage
for medically necessary inpatient care for mother and
newly born child.
|
| Section
27-48-3 |
Prohibition
against plan termination of services, reduction of capitation
payment, or other penalty for health care provider in
compliance with chapter; prohibition against financial
encouragement of early discharge from postpartum care. |
Title
34 PROFESSIONS AND BUSINESSES.
Chapter
19 MIDWIVES. |
| Section
34-19-2 |
Definitions
|
| Section
34-19-3 |
License
for practice of nurse midwifery required; continuation
of practice of lay midwifery
|
| Section
34-19-4 |
Application
for license
|
| Section
34-19-5 |
Issuance,
renewal, suspension and revocation of licenses; fee
|
| Section
34-19-6 |
Practices
which may be performed by licensees— Generally
|
| Section
34-19-7 |
Practices
which may be performed by licensees— Restrictions
generally
|
| Section
34-19-8 |
Practices
which may be performed by licensees— Attendance,
etc., in cases of abnormal childbirth; location of deliveries
|
| Section
34-19-9 |
Designation
of midwife certification on professional nursing license
|
| Section
34-19-10 |
Promulgation
of rules and regulations, procedures, standards, etc.,
for nurse midwives
|
Title
34 PROFESSIONS AND BUSINESSES.
Chapter
21 NURSES. |
| Section
34-21-80 |
Declaration
of Legislature.
|
| Section
34-21-81 |
Definitions.
|
| Section
34-21-83 |
State
Board of Medical Examiners to establish qualifications
for physicians engaged in collaborative practice with
advanced practice nurses.
|
| Section
34-21-85 |
Joint
committee designated to recommend rules and regulations;
requirements to engage in advanced practice nursing.
|
| Section
34-21-86 |
Prescribing
legend drugs; initiating call-in prescriptions; administering
legend drugs.
|
| Section
34-21-87 |
Joint
committee to recommend model practice protocols, formulary
of legend drugs and certain rules and regulations.
|
| Section
34-21-88 |
Acts
which constitute grounds for termination.
|
| Section
34-21-89 |
Boards
permitted to initiate disciplinary actions for violations
of section; requirements before action taken.
|
| Section
34-21-90 |
Requirements
for engaging in practice.
|
| Section
34-21-91 |
Injunctive
proceedings by boards against persons violating article.
|
| Section
34-21-92 |
Waiver
of requirements until adoption of rules and regulations.
|
| |
|
Find
the word midwife
in the Alabama code.
OR
Click
on the ALISON Search
and type in the phrase you are seaching.
More
to come as you find it. Send
me your references.
Page
updated -
27 March, 2003
|
|
