In Illinois, four midwives were notified, by certified letter from the Illinois Department of Professional Regulation, to respond to a Rule to Show Cause as to why each should be allowed to practice medicine without a license. The practice of direct-entry midwifery is not a regulated profession in Illinois. These midwives are being accused of practicing medicine and of presenting themselves to the public as medical professionals. The Illinois Medical Practice Act defines the treatment of any human condition or ailment as the practice of medicine. There is also concern that this broad definition of medicine could be applied to doulas and childbirth educators as well. All of the midwives involved had been contacted by an undercover investigator falsely representing herself as a prospective client. It is believed that the midwives were identified from a homebirth newsletter, the yellow pages or by word of mouth. No bad outcomes nor consumer complaints are involved. The midwives have hired a legal firm in Chicago, Fedota, Childers and Rocca, P.C., as their counsel. Donations for legal defense can be sent to: Midwives Legal Fund, PO Box 5293, Elgin, IL 60121-5293.

In South Dakota, a direct-entry midwife is being held on contempt of court for failing to comply to an order to cease practicing nurse-midwifery. The ruling was appealed to and upheld by the South Dakota Supreme Court. In 1993, Judy Jones was ordered by a court not to perform the functions of a nurse-midwife. In 1995, she was charged with practicing nurse-midwifery without a license and was acquitted by a jury. Because of the information about her direct-entry midwifery practice that was documented in the 1995 trial, Judy has been sentenced to 60 days in jail and ordered to post a $5,000 bond. The jail time was suspended on the condition that she cease assisting in homebirths. The bond was ordered to insure that she complies with the order to stop assisting in births. Thus there is no intent on returning the bond as long as she lives in the State of South Dakota. Donations are accepted at the Judy Kay Jones Legal Defense Fund, c/o Bret Merkle, PO Box 88304, Sioux Falls, SD 57304.

In Pennsylvania, a court-suit against a midwife Judi Mentzer, and the Pennsylvania Midwives' Association (PMA) is on-going. A local physician made a complaint against Judi. The complaint involves the death of a baby whose ultrasound indicated a high probability of fetal demise. The physician further claimed that the midwife caused Pelvic Inflammatory Disease (PID) in the mother of the baby. The PID claim is completely ridiculous, especially in light of the fact that the physician's own records on the woman in question show a history of gynecological problems dating back to 1988. Hopefully the judge will dismiss the case upon receiving an expert statement outlining the causes of PID.

Last but certainly not least, is the case against Mary Ann Watson in Kentucky. Like in Illinois, there have been no complaints filed by clients nor health care professionals. The only complaint filed against her was made by her ex-husband who at the time was married to her. During the course of their divorce, Ken Watson, threatened to notify state and federal officials of Mary Ann's direct-entry midwifery practice if she did not relinquish custody of her children. The sole complaint against Mary Ann is the result of this threat and her courage to stand-up to an abusive husband. Kentucky's actions in this case are not only unjust public health policy but also have assisted one man in harassing, threatening, and abusing (emotionally and financially) his wife. This case has not yet gone to trial and the expenses keep adding up. Tax-deductible donations can be sent to KAAM, PO Box 6414, Louisville, KY 40206.

These are the current actions being sought against individual midwives whose only "crime" is helping women have babies in a safe, natural, non-threatening environment. They certainly add to the long list of unjust actions which classify these endeavors as an organized witch-hunt as opposed to individual actions. Consumer demand for direct-entry midwives, the primary practitioners of the Midwifery Model of Care, is the only weapon we have against the witch-hunt. Be active, join midwifery organizations, and write a letter to your local paper to help raise awareness of the benefits of the Midwifery Model of Care and how in many localities public health policy is inconsistent with this health promoting maternity-care model.

Information for this article was obtained from MANA News, vol XV (number 5).

Next Week's feature will be a sample letter that you can use as a model for writing a letter to your local newspaper about these events.

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