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 22, 2024

Independent Nurse-Midwifery Practice

Updated January 12, 2026


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Photo by Vignesh Jayaprakash on Unsplash

Choices For CNMs/CMs in Private Practice

Nurse-midwives may choose to have their own practice, independent physically and financially from a collaborating physician. A variety of arrangements can exist, and the CNM/CM can have complete control of her practice. This type of arrangement is increasingly rare these days, but the following descriptions may help you understand independent practice.

The midwifery practice may be physically located in the offices of an obstetrician with whom she has a consulting relationship, or she may conduct the practice apart from the physician. With the former, independent midwives will typically pay rent and their share of operating expenses, as well as medical assistant support. The latter describes circumstances in which the CNM/CM rents or owns their own office space. Midwives may employ their own office staff and are responsible for all financial aspects of the practice. This can include managed care contracts and any contracts that they might have with a consulting physician. Such a contract might entail payments for malpractice coverage and any additional fees payable to the consultant for surgical services, collaboration, referrals, and management of high-risk patients.

Physician Collaborative Services, If Required

In either of these scenarios, the CNMs may arrange collaborative services with physicians on a contractual basis, enter reimbursement arrangements based on the collaborator's hourly services, or arrange with third-party payers to reimburse a consulting physician for services provided.1

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Photo by Solen Feyissa on Unsplash

There are various consultation agreements adopted by individual CNM practices. Depending on whether a CNM practices in a collaborative State, a collaborative agreement may be required by law. Consistent with the particular state legislative situation, practice agreements can be expressed or implied and still satisfy ACNM requirements and Standards of Practice.

An express contract is a legally binding agreement whose terms are clearly stated orally or in writing. Courts will determine whether this kind of agreement was legally formed by analyzing communications between the parties at the time the agreement was made. An implied agreement can be a legally-binding obligation, but no written or verbal confirmation may be necessary.

There are other CNM/CM practice arrangements that are not described here, such as CNM-only and CNM/NP practices outside OB consultation arrangements. A CNM homebirth practice can be an example of an independent practice.

1 Ament, Lynette A. Professional Issues in Midwifery. Jones and Bartlett Learning. P. 195 (2007)

http://www.midwivesontrial.com