Nebraska Friends of Midwives
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Home Birth in Nebraska

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Certified Nurse-Midwives in Nebraska:
At this time a felony for Certified Nurse-Midwives (CNMs) to attend home births in Nebraska. Despite the fact that the American College of Nurse Midwives supports the right of women who meet selection criteria to choose home birth, and the fact that the attendance of home birth is within the scope of practice of a CNM, Nebraska and Alabama are the only two states to outlaw the practice of CNMs in this prospective location.  

The Nebraska Revised Statue 38-613 (3) states:

A certified nurse midwife may perform authorized medical functions only in the following settings:

(a) In a licensed or certified health care facility as an employee or as a person granted privileges by the facility;

(b) In the primary office of a licensed practitioner or in any setting authorized by the collaborating licensed practitioner, except that a certified nurse midwife shall not attend a home delivery; or

(c) Within an organized public health agency.


Home Births in Nebraska:
Despite the lack of statuary support, planned home birth is occurring in Nebraska. Some births are unassisted (due to lack of access to a non-nurse midwife, or by choice) and some occur with the help of non-nurse midwives who are not licensed by the state. According to the Nebraska Department of Health and Human Services (NE DHHS), the following numbers account for the out-of-hospital births that have occurred in Nebraska since 2007. Home birth numbers are listed since 1983, the year that it became illegal by statute for Certified Nurse Midwives to attend home births. 

"Surprise" home/car ride/parking lot births likely account for a handful of home births recorded each year; on the flip-side, some individuals intending home births may have transferred to hospital during labor. 

While Nebraska Friends of Midwives has pursued legal access to licensed care in home birth- care that is enjoyed in 48 other states- the efforts have been met with opposition. Despite a favorable 407 review in the 1990s (following which no action was taken), another 407 review was conducted in 2006 resulting in a recommendation against allowing home birth. The 2006 committee members passed a motion approving all items in the original proposal except home births; no action was taken on the recommendations to remove the requirement for a practice agreement with a physician, or to add CNMs to the list of providers that cannot be denied clinical privileges solely on the basis of the type of license they possess. It wasn't until 2011, following the passage of LB68 that it became illegal to discriminate against CMNs based solely on category.  The practice agreement requirement persists in Nebraska to this date, despite a lack of any evidence demonstrating a resulting positive impact on maternal/infant outcomes. More detailed explanations regarding legislative efforts are available here. 

Please remember that everything found on this site is for educational and informational purposes only. Nothing contained in this pages should be considered legal or medical advice; please direct questions of those natures to appropriate professionals. 

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