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.

September 17, 2024

Federal Agencies and CNM Legal Practice

Updated November 5, 2025

Defining Practice

Federal agencies such as Health and Human Services and the Centers for Disease Control and Prevention have played a role in defining certified nurse-midwifery practice, especially in the context of research, training programs and clinical care sites.  Federal agencies have also been known to publish treatment guidelines, which may define or limit how a CNM/CM will practice. 1 In similar fashion, programs such as Medicare and Medicaid establish guidelines for practice related to their reimbursement of clinicians and health care entities.  Through the Health Care and Financing Act (HCFA), limits can be placed on the type and amount of care offered in a given care setting. *

                1. Bradford, Heather M. Women’s health and maternity care policies: Current status and recommendations for change. Supporting a Physiological Approach to Pregnancy and Birth, 301, 2013.

* Federal law only allows the use of federal funds for abortion care in cases of rape, incest, or life endangerment of the pregnant individual. In most States, Medicaid coverage for abortion is limited to these circumstances. Many States have banned abortion and it may be very difficult to locate a provider to obtain an abortion, even in cases of rape or incest.  However, 17 States go beyond these limitations and use State funds to cover abortions for people enrolled in Medicaid.  State laws may be financially limiting to nurse-midwives who may be providing this care through organizations such as Planned Parenthood.