Kennedy 2018
Kennedy 2018
org
Original Research
Introduction: Midwifery is defined and regulated across all 50 United States. However, states’ regulations vary markedly, creating confusion for
policy makers and consumers, and can limit services to women. In 2011, the International Confederation of Midwives released Global Standards
for Midwifery Education, Regulation, and Association, providing guidance for international midwifery for the first time. US organizations
representing midwifery education, regulation, and professional associations (US MERA) agreed to work together on common goals.
Methods: The purpose of this modified Delphi study, conducted by US MERA, was to develop a consensus document on principles of model
US midwifery legislation and regulation. Expert panelists (N = 51) across maternal and child health care professions and consumer groups
participated over several iterative rounds.
Results: The final document establishes guiding principles for US midwifery regulation, including regulatory authority, education, qualifications,
regulation, registration and licensure, standards of practice and conduct, complaints, and third-party payment for services.
Discussion: As more US states recognize and license midwives of all credentials and in every practice setting, we can envision a time when equity,
informed choice, safety, and seamless access to quality midwifery care will be the right of every birthing family.
J Midwifery Womens Health 2018;00:1–8 c 2018 by the American College of Nurse-Midwives.
1526-9523/09/$36.00 doi:10.1111/jmwh.12727
c 2018 by the American College of Nurse-Midwives 1
✦ Midwifery is defined and regulated differently across all 50 states, creating confusion for policy makers and consumers,
which can limit services to women.
✦ Implementation of principles of model midwifery legislation, as identified in this study, can assist states to effectively reg-
ulate the practice of midwifery, protect public health, and increase access to services for families.
✦ The last 10 years of US midwifery have seen unprecedented bridging and collective understanding across chasms that
seemed impossible to navigate. This consensus document is a step in the right direction.
practice registered nurses (APRNs) are guided by the Na- movement with little regulation or certification, many di-
tional Council of State Boards of Nursing’s 2008 Consen- rect entry midwives have become certified professional
sus Model for APRN Regulation, which identifies nurse- midwives (CPMs) and are licensed and regulated in
midwifery as one of 4 APRN roles.10 Although many of 31 states.
the tenets of the document support autonomous midwifery Regulation through licensure sets standards for educa-
practice, it does not recognize that some midwives are not tion, clinical training, and governmental oversight and ac-
nurses.9 countability. Historically, without licensure, complaints or
In an effort to address the maternity workforce shortage, concerns about care are more likely to be addressed in crimi-
the American College of Nurse-Midwives (ACNM), in col- nal or civil courts rather than through administrative review.13
laboration with the Accreditation Commission for Midwifery Licensure provides a framework for regulation, which benefits
Education (ACME) and the American Midwifery Certifica- consumers and midwives, and also brings midwives into the
tion Board (AMCB), developed an equivalent educational and community of health care providers. This helps ensure that
certification pathway for the certified midwife (CM) who is consumers have better access to care that meets their needs
not a registered nurse. CMs are licensed in only 5 states, in and facilitates a more collaborative system of care based on
part because of the LACE restrictions. Half of the US states optimal use of existing resources.
have laws that prohibit CNMs/CMs from full-practice au- Vedam and colleagues have created a scoring system to
thority. Six require physician supervision, although ACNM demonstrate how states fare on integrating midwifery through
and ACOG state in their joint statement on practice rela- regulation.14 The score includes scope of practice, regulatory
tions that “Obstetrician-gynecologists and CNMs/CMs are agency, level of autonomy and requirements for physician
experts in their respective fields of practice and are educated, supervision, access to Medicaid, and prescriptive authority.
trained, and licensed, independent providers who may col- They found that states with higher integration scores (more
laborate with each other based on the needs of their patients. favorable regulation) had higher rates of spontaneous vagi-
Quality of care is enhanced by collegial relationships charac- nal births, higher vaginal birth after cesarean rates, and lower
terized by mutual respect and trust, as well as professional re- cesarean rates. Infants born in these states have lower rates
sponsibility and accountability.”11 (p 1) of preterm birth and low birth weight. Although the reasons
Direct entry midwives (often referred to as other mid- for these outcomes are multifactorial, this critical study high-
wives on birth certificate data) provide most of the care for lights the potential impact of midwifery legislation on birth
women who give birth outside of hospitals in the United outcomes and the importance of achieving national consen-
States.12 Although their profession began as a grassroots sus on principles of model legislation.
Abbreviations: CM, certified midwife; CNM, certified nurse-midwife; CPM, certified professional midwife.
Delphi indicated the expert panelists’ voluntary consent to ument by the small US MERA working group and circulated
participate. All data were collected electronically through an to the expert panelists in Round II; 77% (n = 36) responded to
online survey data tool (Survey Monkey, Inc.; San Mateo, the following questions: 1) Does the document address criti-
CA). Data were stored on a password-protected computer. cal issues for US midwifery legislation and regulation? (Yes:
The written comments in Round I were content analyzed, us- 100%) 2) Are there missing elements? (Yes: 19%; No: 81%;
ing ATLAS.ti (Version 6; ATLAS.ti GmbH, Berlin)32 to orga- suggestions were mostly beyond the scope of this exercise) 3)
nize and manage the data. The qualitative data were used to Are there areas in need of clarification? (Yes: 16%; No: 84%;
enhance understanding of the statements before they were in- some sentences were clarified in the document based on the
corporated into the consensus document. Round I statements comments). The document underwent minor revisions after
were retained if 75% of the panelists achieved a mean rank of Round II and was returned to each of the US MERA organi-
greater than or equal to 5 on a 1-7 Likert scale. zations for their approval.
The major sections of the final consensus document in-
RESULTS clude midwifery regulatory authority, education and qual-
ifications, regulation, registration and licensure, scope and
A total of 51 expert panelists were identified. Each of the US
conduct of practice, complaints, malpractice and liability in-
MERA organizations identified 5 panelists (N = 35), and 16
surance, and third-party payment for services. The complete
were identified from other related organizations or disciplines
consensus statement can be viewed in Supporting Informa-
from a nominated field of 27 (Table 4). The initial survey
tion: Appendix S1.23 An overview of the content areas, han-
was distributed to the 51 panelists with a 92% (n = 47) re-
dling of expert comments, and decision points during the
sponse rate, in which 40 of the 42 statements were retained.
study follows.
The 40 statements were organized into a draft consensus doc-
Abbreviations: ACME, Accreditation Commission for Midwifery Education; ACNM, American College of Nurse-Midwives; AMCB, American Midwifery Certification
Board; MANA, Midwives Alliance of North America; MEAC, Midwifery Education Accreditation Council; NACPM, National Association of Certified Professional
Midwives; NARM, North American Registry of Midwives; US MERA, US Midwifery, Education, Regulation, and Association.
a
Each group had 5 representatives.
b
Other organizations had one representative each.
Midwifery Regulatory Authority develop criteria and processes to assess the equivalence of ap-
plicants who do not meet the requirements of US-accredited
The experts identified the importance of a midwifery-specific
midwifery education, as well as to assess readiness to return
regulatory authority with adequate statutory powers to ef-
to practice of midwives who have been out of practice for a
fectively regulate autonomous midwifery practice. It is com-
defined period.
mon in many states that regulatory authority is connected
to another or broader authority, such as a board of health
professionals or, most commonly, a nursing authority. In these
Regulation, Registration, and Licensure
scenarios, a midwifery-specific authority must retain final au-
thority over midwifery regulation (such as a subcommittee of Midwives are regulated at the state level upon completion of
the board). The majority of members of the midwifery regu- an education program accredited by an agency recognized by
latory authority should reflect the diversity of midwives and the US Department of Education and passage of a national
midwifery in the state. They should be appointed through certification examination administered by a certifying agency
a transparent process of nomination and selection. There that is accredited by NCCA. This enables uniformity of prac-
should be a provision for public members of the midwifery tice standards and facilitates freedom of movement of mid-
regulatory authority who, ideally, represent the interests and wives across state jurisdictions. Only those authorized under
diverse perspectives of childbearing women. The chairperson the relevant legislation may use the midwifery title endowed
of the midwifery regulatory authority must be a midwife, cho- by that legislation. Midwives holding more than one national
sen by members of the group. midwifery credential will be authorized to practice as per-
mitted by state law. The legislation sets the criteria, stan-
dards, and processes for initial midwifery licensure and/or
Education and Qualifications
licensure renewal and demonstrations of continuing compe-
The midwifery regulatory authority is responsible for adopt- tency. The midwifery regulatory authority maintains a regis-
ing standards for midwifery education and accreditation of ter of midwives and makes it publicly available. This includes
midwifery education programs and institutions. These are a range of licensure statuses, such as provisional, temporary,
consistent with the education standards adopted by the na- conditional, suspended, and full licensure. The authority de-
tional certifying bodies (AMCB, North American Registry fines expected standards of conduct and what constitutes
of Midwives [NARM]), which are accredited by the National unprofessional conduct or professional misconduct and im-
Commission for Certifying Agencies (NCCA) and accrediting poses, reviews, and removes penalties, sanctions, and con-
agencies (ACME, Midwifery Education Accreditation Coun- ditions on practice. It is important that the authority collect
cil [MEAC]) and recognized by the US Department of Ed- information about midwives and their practices to contribute
ucation. The authority recognizes midwifery education pro- to workforce planning and research.
grams and institutions leading to the qualification prescribed A unique addition to the consensus document, which was
for midwifery licensure when accredited by nationally recog- lacking in the ICM global standards, was the provision that
nized accrediting agencies (ACME and MEAC) and relies on the midwifery authority works in collaboration with indige-
national certifying agencies (AMCB and NARM) to establish nous or other unique communities to consider licensure re-
criteria and processes to assess midwives educated in other quirements or exemptions that encompass religious or cul-
countries. The above-named agencies are also expected to tural needs. This is in accordance with Article 24 of the