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Nebraska Midwives

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Because no one likes to feel silly, here are a few midwifery basics.  

Midwife means "with woman" (mid=with, wife=woman).  It is pronounced mid-wife, just like you would think.  In the United States there are different kinds of midwives which fall under the categories of Certified Nurse- Midwife (CNM) and non-nurse midwife.  Non-nurse midwives include the direct entry midwife (commonly called a DEM), the Certified Midwife (CM), and the Certified Professional Midwife (CPM).  You can find out more about the different types of midwives, their education, experience, and legal standings here and here.     

Midwifery is a health care profession which offers primary, woman-centered care to healthy women expecting to experience normal pregnancies and births.  

Midwifery is pronounced mid-wIF-ery, rather than mid-WIFE-ery.       

The Midwives Model of Care™ encourages a unique approach to maternity care.  A woman whose care provider practices this model should expect: 
Respectful Treatment
Personal Attention
Plenty of Information
Appropriate Monitoring
Confidence in Your Body
Natural Techniques for Comfort
A Care Provider Who Will Stay with You


Find Questions to ask Midwives here.  


Certified Nurse-Midwives in Nebraska

Beatrice
Women's Health Center of Beatrice
1110 Jackson Street
Phone: 402-228-3117
Fax: 402-223-6565
Deann Barnard, CNM

http://www.beatricecommunityhospital.com/doctors/barnard.php

Hastings 
Obstetrics and Gynecology, PC 
2115 N. Kansas Ave. Suite 
204 402-463-6793 
Barbara Peckham CNM 
{Rebecca Wells CNM is no longer employed at this practice. Look for her instead at Hearts and Hands in Lincoln.}
No website available


Kearney
UNMC-College of Nursing, Kearney Division
Heather Swanson, CNM, FNP, MSN, IBCLC
(Heather is currently serving as the Clinical  Director at Holy Family Services Birth Center in Weslcao, Texas) 
ACNM Board of Director Member, Region V Representative 

Lincoln
Heart and Hands Womancare
6911 Van Dorn St.
402-488-4903
Nancy Peterson CNM 
Jearlyn Schumacher CNM 
Karen McGivney-Liechti CNM 
Julie O'Neil CNM
Rebecca Wells CNM
http://www.facebook.com/heartandhandswomancare
http://www.heartandhandswomancare.org/

St. Monica's: Behavioral Health Care for Women
120 Wedgewood Drive
Phone: (402) 441-3768  
Fax: (402) 441-3770
Patti Gardner CNM NP -providing psychiatirc care, and speaking on Perinatal psychology issues around the Lincoln area

http://www.stmonicas.com/

Lincoln OB/GYN P.C. 
301 South 70th Suite 200 
402-483-7641 
Joanne Bronson CNM 
Carol Greenlee CNM                                                                                                                                  
Jill Dolberg CNM 
No website available


Omaha
The Midwife's Place   
-Nebraska's First Freestanding Birth Center- coming soon!
 Heather Ramsey CNM MSN
Follow The Midwife's Place on facebook

Methodist Women's Center Midwifery Services
192nd and Dodge
(402) 354-1700   
(402) 815-1700
Marilyn Lowe MSN CNM
CeCe Norton MSN CNM 
Jenda Stauffer MSN CNM
http://www.bestcare.org/mhsbase/mhs.cfm/SRC=SP/SRCN=serv_detail/GnavID=29/SnavID=/TnavID=/servid=47/locid=7?CFID=178344&CFTOKEN=58183102

One World Community Health Centers 
5155 S. 36th Street 
402-734-4110 
Courtney Allen CNM 
Penni West CNM
Kara Higgins CNM 

http://oneworldomaha.org/programs/medical-services/prenatal-care/

University of Nebraska Medical Center (UNMC) Certified Nurse Midwifery Service
(402) 559-4500 or (800) 371-1244
983255 Nebraska Medical Center 
Lydia Rhodes CNM MSN  
Pam Schaffart CNM MSN
Anita Jaynes CNM MSN
Rebecca McKay CNM
Kathleen Scott CNM MSN
{Bridget Wieczorek CNM MSN is no longer with the UNMC midwifery practice. She is working as a nurse at The Midwife's Place in Bellevue.} http://www.unmc.edu/obgyn/clinical/cnm.htm 

Women's Community Health Clinic 
8901 West Dodge Road  Suite 200*
(402) 354-8970
Latrice Martin CNM MSN
http://www.mwchc.com/who/meet-latrice/ 
*The services at this clinic are available exclusively to woman twelve and older who are uninsured, inadequately insured, or receiving Medicaid.  

Northeast Nebraska
Midwest Health Partners
402-379-2322
Gail Consoli CNM MSN

http://gconsoli.com/about/gail.phphttp://www.mwhp.com/providers-consoli.htm

Pine Ridge, Indian Health Services
605-867-3003
East Hwy 18 Pine Ridge, SD 57770
Serving Native women & Commissioned Officers

Scottsbluff 
Women’s Center of Western NE 
3911 Avenue B Suite 3100 
308-635-3033 
Mary Tompkins CNM 
No website available
The Nebraska Statues relating to the Certified Nurse Midwifery Act can be found here. 

Statues governing the practice of Nebraska CNMs can be found here. 

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Non-Nurse Midwives in Nebraska

Many states license non-nurse midwives, who go by a variety of titles. Although a few non-nurse midwives do attend home births within Nebraska's borders, most are unable to do so in an open manner.  

The research done by NFOM has discovered no statute specifically barring the practice of these midwives. Despite this apparent lack of explicit statutory legal prohibition, there have been instances in which certain midwives have found themselves subject to cease and desist orders or charged with practicing medicine without a license. Many will assert that midwifery is not the practice of medicine or of nursing at all, but its own separate profession. The North American Registry of Midwives takes this position, which also has been explained by Suzanne Hope Suarez in her article Midwifery is Not the Practice of Medicine, published in the Yale Journal of Law and Feminism. (This article is not available for free online reading.) 

How can it happen, then, that midwives are served these administrative orders and criminally charged? States give authority to medical boards or commissions which then act to create rules for their own professions and to take action to investigate allegations of, and remedy confirmed offenses. This is not to say that a midwife who receives such an order is, indeed, practicing medicine without a license, but that this is the authority under which such an order is issued. Reading the administrative law portions of From Calling to Courtroom can offer some practical information on this situation.

Information about the Nebraska Board of Nursing can be found here. 
Information about the Nebraska Board of Medicine and Surgery can be found here. 

There was an attempt to explicitly criminalize the work of non-nurse midwives in 1993, but it was unsuccessful.  An opinion issued by then Attorney General Don Stenberg was quoted in a Lincoln Journal article* (May 19, 1993):  "The practice of lay midwifery...constitutes the unauthorized practice of medicine".  The opinion went on to state "...the Nebraska Legislature's failure to specifically mention midwifery in section 71-1, 102 (dealing with the practice of medicine) or to define it, could cause section 71-1, 102 to be challenged as being unconstitutionally vague should a lay midwife be prosecuted for the unauthorized practice of medicine under this statute."  

The same Journal article reported other relevant legal considerations regarding the legality of lay midwifery.  According to University of Nebraska-Lincoln law professor Kevin Ruser, the history of the licensing law and previous midwifery cases heard in Nebraska courts have demonstrated acknowledgment of midwifery as a separate profession from the practice of medicine, the recognition of which has not been explicitly withdrawn.  Women who are able to avail themselves of this care today generally find it through word-of-mouth or within their own communities.  

*Lincoln Journal, May 19, 1993 Section: LegislatureArticle:  Stenberg: Lay midwifery still illegalOpinion issued after judge dismisses charges against Omaha womanWritten by Fred Knapp

 (Reminder: the material presented here is general in nature, and not intended to provide anything other than education and information. For legal expertise or advice, please contact an attorney.) 


Home Birth in Nebraska

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While giving birth, itself, outside of a hospital is not illegal in Nebraska it is, at this time, against the law for Certified Nurse-Midwives (CNMs) to attend home births. Despite the fact that the American College of Nurse Midwives supports the right of women who meet selection criteria to choose home birth, and the fact that the attendance of home birth is within the scope of practice of a CNM, Nebraska and Alabama are the only two states to outlaw the practice of CNMs in this prospective location.  

The Nebraska Revised Statue 38-613 (3) states:

A certified nurse midwife may perform authorized medical functions only in the following settings:

(a) In a licensed or certified health care facility as an employee or as a person granted privileges by the facility;

(b) In the primary office of a licensed practitioner or in any setting authorized by the collaborating licensed practitioner, except that a certified nurse midwife shall not attend a home delivery; or

(c) Within an organized public health agency.


Despite the lack of statuary support, planned home birth is occurring in Nebraska. Some births are unassisted and some occur with the help of non-nurse midwives who are not licensed by the state. According to the Nebraska Department of Health and Human Services (NE DHHS), the following numbers account for the out-of-hospital births that have occurred in Nebraska since 2007. Click here to download the 2559 out-of hospital-births, or OHB (non-birth center) flyer. OHB numbers are listed since 1983, the year that it became illegal by statute for Certified Nurse Midwives to attend home births. 

"Surprise" home/car ride/parking lot births likely account for a handful of out-of hospital births each year; on the flip-side some individuals intending home births may have transferred to hospital during labor. 


While NFOM continues to pursue legal access to licensed care in home birth- care that is enjoyed in 48 other states- the efforts have been met with opposition.  Despite a favorable 407 review in the 1990s on which no action was taken, another 407 review was conducted in 2006, resulting in a recommendation against allowing home birth. The committee members did vote to pass a motion in which they approved all of the items in the original proposal except for home births, but no action was taken on the recommendations to remove the requirement for a practice agreement with a physician, or to add CNMs to the list of providers that cannot be denied clinical privileges solely on the basis of the type of license they possess. It wasn't until 2011, following the passage of LB68 that it became illegal to discriminate against CMNs based solely on category.  The licensing agreement requirement persists to this date, although there is no evidence demonstrating a resulting positive impact on maternal/infant outcomes.  


Written Practice Agreements

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Currently CNMs in Nebraska may only practice when they are fortunate enough to be able to find physicians willing to sign the legally required written practice agreement.  

Although a written practice agreement (WPA) can sound like a way to ensure collaboration between physicians and midwives, in reality it often serves as an to obstacle practicing and accessing care.  

The following is a statement of opposition to WPAs by the American College of Nurse-Midwives (ACNM):"It is the ACNM position that safe, quality health care can best be provided to women and their infants when policy makers develop laws and regulations that permit CNMs and CMs to provide independent midwifery care within their scope of practice while fostering consultation, collaborative management, or seamless referral and transfer of care when indicated."  -(ACNM Position Statement, 2006 “Requirements for Signed Collaborative Agreements between Physicians and Certified Nurse-Midwives (CNMs) or Certified Midwives (CMs)”)

Removing the WPA is not a new or untried idea. At this time seventeen states have no WPA requirement for midwives: AK, AZ, CT, DC, ID, IA, ME, MN, MT, NH, NJ, NM, NY, OR, RI, WA, and WY. New Jersey lifted the requirement in June of 2010. On August 2, 2010 New York state signed into law the Midwife Reform Bill, allowing licensed midwives to practice independently.  

Consider the following complications caused by the WPA requirement: 
• In some communities, for a variety of reasons having nothing to do with the quality of care provided by midwives, physicians are unwilling to sign WPAs, even though they are willing to consult with CNMs and accept transfers of care.
• In other communities, there are no physicians available to sign a WPA.
• Because a WPA is a requirement for licensure, a CNM who cannot find a physician to sign an agreement, who loses a job and can’t find another, or whose signing physician becomes ill, retires, leaves the state or dies must turn in her (his) midwifery license and stop practicing.
• Some CNMs have had to make career and major life changes when their WPA signing physicians have become unavailable. The women in those communities can find themselves suddenly without a care provider, at a time when they have been building a relationship in anticipation of giving birth. 

For these reasons, Nebraska Friends of Midwives pursues legislation to remove this requirement. To read even more about the WPA, click here. 

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