Safeguarding modern midwifery

About the Author

Uniting clinical expertise and legal perspective to reveal how midwifery is interpreted—and often misinterpreted—across courts and hospitals.

Martha E Merrill-Hall portrait
Martha E Merrill-Hall JD MS CNM

Martha has led CNM practice across private, Indian Health Service, hospitalist, and critical access settings while litigating personal injury and professional malpractice cases.

Today she researches verdict trends, policy shifts, and licensure actions from the Rocky Mountains—equipping midwives, patients, and counsel with grounded legal insight.

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Why midwives & counsel read

Dual license perspective

Decades of private, IHS, hospitalist, and critical access CNM practice pair with JD work representing both plaintiffs and defendants in professional malpractice.

  • Pro bono defense of advanced practice providers facing board actions.
  • Expert witness experience in midwifery negligence claims.

Where I've practiced

Licensed across Colorado, Montana, Nebraska, Iowa, New Mexico, California, and beyond—spanning CNM hospitalist teams, Indian Health Service care, and cardiology/critical care nursing roots in Vermont and Maine.

Today I research verdicts, legal seminars, and policy shifts from the Rocky Mountains.

What Martha hopes readers gain

  • Historical context for how CNMs/CMs secured hospital privileges and where culture still lags clinical reality.
  • Plain-language breakdowns of licensure boundaries, malpractice myths, and courtroom expectations.
  • Validation for midwives, attorneys, and patients who need equitable framing of the profession’s contributions.
  • Strategies to translate courtroom narratives back into safe bedside practice.

October 15, 2024

Certified Nurse-Midwife/Certified Midwife Homebirth Practice

Updated November 5, 2025

Olivia Anne Snyder                             Unsplash Image
Photo by Olivia Anne Snyder on Unsplash

CNM Homebirth Practice

Currently, in the U.S., the majority of home-birth attendants are Certified Professional Midwives (CPMs). (See Diversified Midwifery Practice in the United States ,posted on 6/18/24) In nearly every State, Certified Nurse-Midwives and Certified Midwives are licensed to attend home deliveries, if that is their preference. The nature and structure of these homebirth practices do depend on collaborating relationships with cooperating OB/GYN physicians and hospital CNM practices willing to accept care of patients on a referral basis. Hospital CNM practices frequently accept transfers from homebirth CNMs when the transfer is for non-emergent reasons such as labor induction, augmentation, or continuous fetal monitoring.

One of the major issues constraining the practice of CNMs in home settings is acquiring affordable malpractice insurance coverage. Some insurance companies impose surcharges on physicians who work with midwives in hospital settings. It is not a stretch to imagine that insurance companies may charge a CNM high rates to cover a homebirth practice. According to one ACNM survey of marketplace insurers, 56% refuse to cover home birth services provided by CNMs.1

CNM Homebirth Requirements and Considerations For Practice

Homebirth requirements for CNMs include physician/CNM collaborative agreements, practice guidelines, and referral/emergency planning similar to every other setting where a CNM may practice. Homebirth CNMs do not practice under any assumptions that this setting necessitates a lower standard of practice. Standards of care for delivery in a home environment are outlined by the ACNM Standards of Practice, Ethics, Core Competencies, State regulations, and evidence-based decision making, establishing the foundation of CNM practice in all settings.To comply with CNM standards of practice for home delivery, there must include a specific emergency plan which outlines the course of action in the event of complications during labor and delivery in a home setting. Contingency plans will include mode of emergency transfer (e.g. ambulance or car), an available collaborating physician/midwife, a cooperating receiving hospital, and other necessary arrangements specific to locale (city or rural).

Carlo Navarro                                               unsplsh image
Photo by Carlo Navarro unsplsh on Unsplash

As with every birth environment, full disclosure and informed consent must be undertaken for the patient and her support person. Information should include not only the benefits of the birth setting, but also the limitations. Patients, partners and families must be aware of what can and cannot be accomplished in any particular birth setting along with full understanding of emergency plans in the event of complications.

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1 Ensuring Access to High Value Providers. ACNM Survey of Marketplace Insurers Regarding Coverage of Midwifery Services. Sept 2014.

http://www.midwivesontrial.com