Midwife Licensing Law Upheld Over Constitutional Challenge

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Midwife Licensing Law Upheld Over Constitutional Challenge

Legal Eagle Eye Newsletter for the Nursing Profession

Quick Summary: The state has a compelling interest in the health of expectant mothers and the safe delivery of babies.

The Midwifery Practice Act prohibits an unlicensed individual from engaging in the practice of supervising and advising on the progress of normal labor and childbirth, and from rendering care to the pregnant mother and the newborn. U.S. DISTRICT COURT, FLORIDA, 1995.

Florida’s Midwifery Practice Act was challenged in the U.S. District Court for the Middle District of Florida, on the grounds that the Act violated an individual’s freedom of religion and freedom of speech. The individual who challenged the Act admitted she was not licensed as a midwife in the State of Florida. She further admitted that she advised and rendered assistance to parents concerning home childbirth before, during and after pregnancy. She instructed the father on the specifics of childbirthing and occasionally gave a "helping hand" to support the mother during the birth, but only touched the newborn in "emergency situations."

The court ruled that the Midwifery Practice Act did not place a substantial burden on the exercise of religious freedom or freedom of speech. There was nothing preventing anyone from praying in connection with home childbirth, or from sharing one’s views in favor of home childbirth. To give specific advise concerning the progress of childbirth and labor, however, or to directly assist, it was necessary to be properly trained and licensed. Dickerson vs. Stuart, 877 F. Supp. 1556 (M.D. Fla., 1995).