why am posting this? because , unfortunately, it is not as clear as it should be.
First off, legally every midwife is supposed to have a client sign one of these
(and several more pages)
called a disclosure form. My midwife never had me sign one and i have run into other moms who also never signed one. that becomes a problem if the client has reason to file a complaint. Then the client is like the woman who contacted me yesterday, scrambling around trying to figure out the system and where and to whom she should complain.
first off if you never signed one of those disclosure papers, she violated a BIG rule, she actually broke the law.
Laws for Midwives in Texas
from the above link:
SUBCHAPTER H. PRACTICE BY MIDWIFE
Sec. 203.351. INFORMED CHOICE AND DISCLOSURE REQUIREMENTS. (a) A midwife shall disclose in oral and written
form to a prospective client the limitations of the skills and practices of a midwife.
(b) The midwifery board shall prescribe the form of the informed choice and disclosure statement required to be used by a
midwife under this chapter. The form must include:
(1) statistics of the midwife's experience as a midwife;
(2) the date the midwife's license expires;
(3) the date the midwife's cardiopulmonary resuscitation certification expires;
(4) the midwife's compliance with continuing education requirements;
(5) a description of medical backup arrangements; and
(6) the legal responsibilities of a midwife, including statements concerning newborn blood screening, ophthalmia
neonatorum prevention, and prohibited acts under Sections 203.401-203.403.
(c) The informed choice statement must include a statement that state law requires a newborn child to be tested for certain
heritable diseases and hypothyroidism. The midwife shall disclose to a client whether the midwife is approved to collect blood specimens
to be used to perform the tests. If the midwife is not approved to collect the blood specimens, the disclosure must inform the client of the
midwife's duty to refer the client to an appropriate health care facility or physician for the collection of the specimens.
(d) The disclosure of legal requirements required by this section may not exceed 500 words and must be in English and Spanish.
(e) A midwife shall disclose to a prospective or actual client the procedure for reporting complaints to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999; amended 2005
I never received a disclosure statement. my midwife never told me her statistics. i had no idea of she did or did not have dr back up . i feel so stupid now for not asking for those things BUT LEGALLY she should have given me those things without me asking , in writing.
Did your midwife give you these things?
~~What if you think you should file a complaint, but you are not sure how to word your complaint?
These are the rules by which she is supposed to be abiding:
rules
Those rules not only tell you how your midwife should act in the prenatal care, birth care, and postpartum care, but also how the Texas Midwifey board acts, how the complaint process works and how midwives are disciplined.
~~Where else can you complain?
If your midwife is a CPM then you can complain to NARM:
http://www.narm.org/complaint.htm
If your midwife was a CNM (instead of a CPM) you can also complain to the nursing board:
here
~~How can you find out if your midwife already has had complaints?
well first off you can request your midwife's records here:
records request
This will give you any info on complaints made if they are closed. If the case/cases are still open you will not receive any info about them. The only way to know what happened at a complaint board meeting is to request an audio recording of the board meeting. you will receive a cd in the mail.
if your midwife has had a complaint, been disciplined and her case is closed you will find her listed here-
enforcements page
you can get all the details (minus confidential patient name ect) if you request the records from those enforcements.
~~Can you complain against a midwife if you are not her client, but she hurt someone you know/cared for?
Yes! many of the complaints that come in are form doctors or friends or family who are trying to pick up the pieces after a negligent midwife made mistakes.
