Safeguarding modern midwifery

About the Site

Centered on CNM/CM best practice and the liability exposures inherent in contemporary clinical work.

About the Author

Why midwives & counsel read

These articles translate CNM/CM standards, legal doctrine, and hospital culture into actionable guidance so clinicians and counsel can navigate modern liability without sacrificing care.

Legal risks in everyday practice

Responsible CNM/CM care and informed legal strategy demand clarity on designations, standards, and how hospital expectations shift from unit to unit.

We outline how negative assumptions, corporate metrics, and knowledge gaps erode public trust and distort courtroom narratives.

Hospital systems & representation

Content focuses on CNM/CM hospital work—where role creep, policy churn, and inconsistent onboarding create hidden exposure.

Attorneys and administrators get primers that distinguish licensure pathways, scope boundaries, and why those differences matter in discovery.

Who this serves

  • CNMs/CMs reconciling bedside realities with evolving standards of care.
  • Hospital leaders repairing cultures of care and aligning policy with safe practice.
  • Attorneys, risk teams, and patients who need a grounded view of each midwifery designation.

October 22, 2024

Independent Nurse-Midwifery Practice

Updated January 12, 2026


Vignesh Jayaprakash                        unsplash image
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

Solen Feyissa                                 unsplash image
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