The American College of Nurse Midwives filed a federal lawsuit last week against the Mississippi State Board of Medical Licensure, seeking to repeal a statute requiring collaborative agreements between certified nurse-midwives (CNMs) and physicians.
According to the law, advanced nurse practitioners, including CNM's, must engage “in a collaborative/consultative relationship with a licensed physician whose practice is compatible with that of the nurse practitioner.”
Shamira Muhammad
Federal lawsuit seeks to end certified nurse-midwives, physician collaborative agreements
It also requires CNMs to pay regular fees to collaborating physicians.
“The law doesn't require the physician to do anything except sign-off on paperwork,” said Rob McDuff, an attorney with the Mississippi Center for Justice representing the ACNM. “Yet certified nurse midwives are having a difficult time finding physicians who will do so.”
“It violates the constitutional right of certified nurse midwives to practice their profession and it also stifles competition in violation of the antitrust laws,” said McDuff.
He believes the education, training and experience CNM's are required to have can make them a safe alternative for patients in rural areas.
In August, an infant mortality crisis was declared in Mississippi. More than half of the state’s counties are considered maternal health care deserts.
“We are pretty confident that we ultimately will be successful and the law will be struck down,” said McDuff. “Hopefully the legislature can change it in the meantime so we don't have to go through this expensive litigation to address this significant public health problem as posed by the statute.”
There are several states around the country who have statutes similar to Mississippi’s - but there are more that don’t.
Democratic State Senator Hillman Frazier of Hinds County is the author of Senate Bill 2553, which alongside House Bill 418, is one of two pieces of proposed legislation aiming to repeal the collaborative agreement requirement.
“I proposed [S.B. 2553] at the request of a very good constituent very involved in public health,” he said. “They want to ensure that they're in the position to practice their craft in light of the health issues we have in our state.”
Frazier said the challenge in getting new legislation passed will rely largely on how much support the chairmen of vital committees, especially public health, are able to gain from the wider medical community, including the State Board of Nursing.
“This is a process that sometimes takes a couple of sessions and sometimes it takes longer, but it has to start somewhere,” he said.
According to the American Midwifery Certification Board, there are 44 certified nurse-midwives in Mississippi.