[identity profile] rupie-zum.livejournal.com posting in [community profile] vaginapagina
It looks to me like this bill is targeting anyone who choses to have a home birth.


HOUSE BILL NO. 1421
Offered January 8, 2003
Prefiled October 23, 2002


A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of
Title 18.2 a section numbered 18.2-510.1, relating to the duty to report
childbirth.

----------
Patron-- Cosgrove
----------
Committee Referral Pending
----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 3 of Chapter 12
of Title 18.2 a section numbered 18.2-510.1 as follows:

? 18.2-510.1. Duty to report childbirth.
Any woman who, without the assistance of a health care professional, gives
birth after more than 24 weeks have elapsed since the beginning of her last
menstrual period and who, though she is reasonably able to do so, fails to
report the birth, whether a live birth or stillbirth, within 12 hours of the
event, to the local sheriff, police department or fire department is guilty
of a Class 1 misdemeanor.

update: Clarification - as I understand it, Virginia does not recognize Certified Professional Midwives as medical professionals.

Date: 2002-11-08 08:59 am (UTC)
adjectivegail: (huh?)
From: [personal profile] adjectivegail
well, it says those who give birth without the care of a health professional. i don't know anything about home births, but i have to say it'd surprise me if the facts are that people want to do them without medical assistance...

Date: 2002-11-08 09:15 am (UTC)
From: [identity profile] sabbysteg.livejournal.com
If they report the birth, there is no problem. Don't midwives usually report it somehow? And some midwives also have medical certification.

Date: 2002-11-08 09:30 am (UTC)
From: [identity profile] firinel.livejournal.com
Having given birth, I'm going to say that reporting it was not what was at the forefront of either mine, or the baby's father's mind, within the first 12 hours.

Re:

Date: 2002-11-08 11:36 am (UTC)
From: [identity profile] sabbysteg.livejournal.com
Yeah. Well, I don't like the law myself, but I never have given birth and don't intend to so thanks for providing perspective.

What the hey?

Date: 2002-11-08 09:16 am (UTC)
From: [identity profile] tigerfemme.livejournal.com
This seems...just strange, and somewhat frightening in concept. Some women prefer to be under the care of a midwife with a doctor on-call. And I truly believe that women have the right to not use medical assistance. Maybe that's radical of me but I think that the (male-centric) medical profession has intruded a *lot* on a woman's right in coordinating her own care...including medicalizing the very natural process of birth.

I think for some women there is no *doubt* that they need medical care on-hand during birth, including being at a hospital or birthing center.

And...12 hours? You *really* think mother or father or partner or family member's collective minds are going to be on calling and reporting the child's birth? This is like having to call an HMO before going to the emergency room (i.e. if someone is sick enough to go to the ER, is the focus going to be on calling the insurance first?).

The whole bill seems ill-advised and unnecessary. Does anyone know, or could anyone find out, what the *point* of this is? What do they hope to achieve?

If I did, I would.

Date: 2002-11-08 09:32 am (UTC)
From: [identity profile] firinel.livejournal.com
Do you live in Virgina?

Are you planning to write anyone in response to this?

Re: If I did, I would.

Date: 2002-11-08 09:46 am (UTC)
From: [identity profile] naath.livejournal.com
Having the child at home isn't illegal, not reporting it is illegal... I'm not sure why this would be a problem, though I see that you would probably want more time to rest and stuff.

Re: If I did, I would.

Date: 2002-11-08 09:54 am (UTC)
From: [identity profile] haggis.livejournal.com
Making something illegal is difficult.

Making something so difficult that it is almost impossible to do it legally is much easier and achieves the same objective.

eg Section 21 in Britain which didn't make it illegal to talk to kids about homosexuality, just very difficult.

I have to agree, the aim of this law seems to be to make home births difficult and hence put people off.

Re: If I did, I would.

Date: 2002-11-08 09:59 am (UTC)
From: [identity profile] naath.livejournal.com
That's because the Authorities presume that it's safer to give birth in a hospital ful of expensive equipment and doctors. Which it is. But a lot of ppl don't want that, which they don't understand.

Re: If I did, I would.

Date: 2002-11-08 10:12 am (UTC)
From: [identity profile] dropdowntowncat.livejournal.com
it might also have something to do with doctors feeling that midwives are an 'economic threat.'

i mean, that's one of the reasons why midwifery was made illegal in the mid 1800s [in canada, anyway..i'm not sure about the US], a few hundred years BEFORE hospitalized births were the 'norm'...that, and the fact that midwives would perform abortions.

Re: If I did, I would.

Date: 2002-11-08 12:01 pm (UTC)
From: [identity profile] firinel.livejournal.com
That's because the Authorities presume that it's safer to give birth in a hospital ful of expensive equipment and doctors. Which it is.

What did you base that, which was worded as though its a statement of fact, and not just your personal opinion, on?

Re: If I did, I would.

Date: 2002-11-09 03:30 am (UTC)
From: [identity profile] naath.livejournal.com
Because if things went horribly wrong there is more chance that it could be fixed if you were in a hopsital where they would be abell to operate than in your house, which whilst nice and comfortable and possibly an emotionally 'better' place to have kids probably doesn't have an operating theatre.

Of course there are benefits to home births, just the 'modern advances' in medicine are pretty useless to you if you are in your house where most if not all modern techniques probably can't be performed.

Re: If I did, I would.

Date: 2002-11-09 12:34 pm (UTC)
From: [identity profile] firinel.livejournal.com
How often do you think births go wrong?

And what kind of horribly wrong thing? Most home births are seen after by a doula/widwife, and they're experiences or trained enough to know if things aren't progressing naturally, and would then take you to the hospital. If that were the case, which it rarely is.

Millions of births happen in places other than the white-westren-male-centric concept of a hospital, without incidence. I think a huge problem is that those kind of socities have forgotten that birth really is an incredibly natural process. It's been happening for billions of years before 'modern advances' well enough that we're here today.

Re: If I did, I would.

Date: 2002-11-10 04:46 am (UTC)
From: [identity profile] naath.livejournal.com
Yes, most births go right. But 100 years ago one of the major causes of death was childbirth.

Yes, there are plenty of reasons for thinking that home is best, and it quite possibly is. But if the authorities are going to be made responsible for you and you're childs health they really don't want to discover that bad things happened because you coulnd't be treated in the apropriate manner.

How do you mean what kind of horribly wrong thing? There are instances where a caesarion will be required. There are instances where the baby isn't breathing and needs attention. I'm sure you (having had a child) are aware of the myriad dangers inherint in childbirth... or course in most cases it's safe, but in some cases it isn't.

And some authorities would rather that you had kids in hospital because they decided for you that it's the safest thing... which is bad, because obviously that choice is yours.

*wibble*

Re: If I did, I would.

Date: 2002-11-09 08:21 am (UTC)
From: [identity profile] racing-turtle.livejournal.com
Hospital birth is not safer than home birth!

If you do a search on medline and read through the literature home birth is as safe as or in many cases safer than hospital birth if you are healthy and your pregnancy is progressing normally.

Midwives (Certified Professional, liscensed and nurse) (like doctors) have the skills to identify complications, to transfer mothers at the least signs of these complications so that the mothers can avail themselves of the hospital resources.

The unique skill midwives have is to also recognize the natural variations in childbirth and labor and to know that birth does not always belong in a hospital.

I can talk for hours on the subject so I will leave it at this.

Molly

Re: If I did, I would.

Date: 2002-11-10 04:42 am (UTC)
From: [identity profile] naath.livejournal.com
Ah yes, if everything *works* them home birth is fine and wonderful. If you need an emergency Caesarion then there's f*** all that can be done at home, in a hospital they presumably have surgeons and aneasthatists in the room, or at least the building.

Re: If I did, I would.

Date: 2002-11-11 07:25 am (UTC)
From: [identity profile] moominmuppet.livejournal.com
Homebirth and Hospital birth have _different_ potential complications - one isn't overwhelmingly safer than the other, it's just different sets of risks. There are a number of iatrogenic problems that are common in hospital births that don't occur in homebirths, for example.

Re: What the hey?

Date: 2002-11-08 09:28 am (UTC)
From: [identity profile] firinel.livejournal.com
I certainly don't agree with it, but if I were to rationalise and think of why, my best guess would be to prevent people from having child and dumping them off. Remember a few years back there was a string of incidences in the news about teen mothers who had their babies in bathrooms or alleis and left the baby in there, or in the dumpster or something like that?

(I think that those incidences were far over sensationalised though, and generally society's condemnation of teen mothers, which is really rather sad and pathetic at best, and usually disguisting.)

So, though I don't agree, that would have to be my best guess whilst staying in the realms of sanity. Which, you know, isn't always the case with government officials.

Re: What the hey?

Date: 2002-11-08 10:37 am (UTC)
From: [identity profile] crackmonkey.livejournal.com
Another possibility (and the one I've oft heard cited) is to prevent people from falsifying identification. It's rather silly, but the reasoning goes that if you had your baby in a hospital, you'd have to have a helluva lot of collusion to NOT have the baby "registered".

"Registration", as it stands now, includes getting an SSN *at birth*. It also means registration of birth certificates in any new "central registry" they should decide to enact. I need to dig up some links to back all this up, because it's vague in my head.

Basically, it would seem to be control of identification registration and nationalization/naturalization purposes. Which is silly, given you can still get around this easily enough by having a homebirth and bribing a doctor or somesuch, but hey, the govt is full of half-assed efforts.

FYI, I didn't get my SSN till I got a job, I missed the federal law requiring SSN registration at birth by a few years.

Date: 2002-11-08 09:40 am (UTC)
From: [identity profile] cymru.livejournal.com
That is frightening. I wonder what its chances are of passing?

Date: 2002-11-08 10:57 am (UTC)
From: [identity profile] krasota.livejournal.com
I live in VA. Although I'm not planning to have kids anytime soon, this type of legislation concerns me. I'll have to do some more research and get back to y'all.

Date: 2002-11-08 10:33 am (UTC)
melebeth: (Default)
From: [personal profile] melebeth
Several Comments

1)For a state by state listing of what privileges Certified Midwives and Certified Nurse Midwives have, you should look at http://www.midwife.org/prof/state.cfm . As I understand it, ACNM certified midwives (not nurses) are recognized in very few states. www.midwife.org also has a policy statement on CNMs, CMs and home birth. (supporting it)

2)Vital Registration is, for public health reasons, a huge deal. I don't think criminalization is any way to address this, and I also don't think that this is likely the reason for the statute proposal, but I just had to comment. I have no idea if there's any data on people with home births failing to do vital stats reporting.

3)I would hazard a guess that this may be public reaction to one of the incredibly depressing "teen hides pregnancy, gives birth alone, kills baby without reporting it" cases. I have nothing to support this guess, it's just a gut feeling. (also see http://www.pilotonline.com/news/nw1019inn.html). I guess people feel that reporting a baby's birth, and legalizing it's presence, would reduce the risk of this somehow? Or give an alternate means or prosecution? Who knows. Anyway it seems an odd bit of legislation.

Date: 2002-11-08 01:05 pm (UTC)
From: [identity profile] ryl.livejournal.com
*looks at first link* Hey, cool. My alma mater has a master's program in midwifery. Rock on ECU.

Date: 2002-11-09 08:24 am (UTC)
From: [identity profile] racing-turtle.livejournal.com
The Midwives Alliance of North America MANA maintains a chart of the legality of non nurse midwifery across the US.

http://mana.org/statechart.html

Handy as a reference point. They also often have information on upcoming legislation that affects the legality of midwifery in different states.

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