Posted on 05/19/2007 9:12:24 PM PDT by monomaniac
Missouri state senator’s language in midwifery bill is seen as too broad
JEFFERSON CITY | Sen. John Loudon may have outsmarted himself with his move last week to slip a provision into legislation that authorizes professional midwives in Missouri.
The provision, included in a health insurance measure known as House Bill 818, would do more than allow midwives to receive compensation. It appears to allow any certified health professional — including doctors, nurses and midwives with Internet certifications — to perform abortions in Missouri.
The irony is that Loudon, a St. Louis County Republican, is one of the leading opponents of abortion in the legislature. Other abortion opponents were scrambling this week to undo the damage.
The controversy stems from an obscure provision that Loudon inserted into the bill without telling fellow senators. Senators who objected to midwifery complained that it led to them approving an activity they opposed. Senate leadership stripped Loudon of his committee chairmanship as punishment.
The benign-sounding provision says simply that notwithstanding any other law, any person who holds “ministerial or tocological certification” by an accredited organization may provide services as defined in an obscure section of federal law.
Unknown to most lawmakers, tocological refers to obstetrics, and the section of federal law covers all “services related to pregnancy, including prenatal, delivery, and post partum services.”
Doctors, who opposed Loudon’s midwifery bill, blasted the provision as allowing anyone with an Internet certificate to provide medical care.
Abortion opponent Sam Lee, director of Campaign Life Missouri, said the language was so broad that it would allow nurses, nurse practitioners, midwives and other health professionals to provide any medical service related to pregnancy. That would include abortion, he said.
The House this week added a provision to a crime bill to narrow the scope of Loudon’s language. The crime bill, known as Senate Bill 429, says that even if another law allows a non-physician to provide pregnancy-related services, only a doctor can legally perform an abortion.
Loudon recognized the irony that he would have authored language to expand the number of abortion providers in the state. But he said he didn’t think his wording went that far because abortion shouldn’t be considered a form of prenatal care, and the web of abortion regulations would apply to any midwife.
But Lee pointed out that Loudon’s wording states that no other law applies to anyone certified to provide pregnancy care. Abortion is considered a medical service, he said.
As a practical matter, Loudon said, no one is likely to try to set up an abortion clinic based around a midwife.
But he said he supported the House’s action to clarify the situation.
To reach Kit Wagar, call 816-234-4440 or send e-mail to kwagar@kcstar.com.
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