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“Shepherd’s Law”: Bill aiming to regulate midwives in Oklahoma signed into law by Gov. Stitt

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OKLAHOMA CITY (KFOR) – A bill that would regulate Oklahoma midwives for the first time was signed into law by Governor Kevin Stitt on Monday.

Senate Bill 1823, also known as “Shepherd’s Law,” authored by Sen. Brenda Stanley, R- Midwest City, was named after the son of an Oklahoma mother who died a day after being delivered by a nurse midwife.

Lecye Doolen told KFOR Shepherd Dean Lippoldt was her second child, and she opted to go with a midwife.

But near the end of her pregnancy, she said her midwife was ignoring signs something was wrong.

“Unfortunately, when I went into labor he was immediately in distress,” Doolen said.

Baby Shepherd died the next day.

Doolen says her baby boy’s death could have been prevented but says she trusted her midwife who assured her she didn’t need outside medical care.

“I trusted who I felt like was a medical professional,” Doolen said. “A decision I’ll regret the rest of my life.”

The nurse lost her nursing license following Shepherd’s death but continues to deliver babies as a midwife.

In Oklahoma, there is currently no regulation for this type of medical service.

Stanley says getting the bill signed into law is an important step for the state.  

“Shepherd’s Law provides for licensure, oversight, accountability, informed consent, and preserves parental choice about who they want to use, whether it’s an obstetrician, a lay-midwife, or a licensed, certified midwife,” Stanley said.  “Ultimately, I believe this bill will help us better protect the health and safety of mothers and babies.”

Under SB 1823, a Certified Professional Midwife (CPM) or Certified Midwife (CM) would be required to be licensed in Oklahoma.  All midwives would be required to disclose what credentials or licensure they may or may not have, their limitation of skills and whether they carry malpractice insurance.  A required informed consent document would also include information on the midwife’s plan for emergencies and complications and gives parents the ability to pre-select a hospital in case of an emergency.

Licensed midwives would also be required to advise clients to seek medical care for pregnancies outside their scope of practice and to call for emergency assistance in situations that fall outside their scope of practice.  The $1,000 license would be good for three years.

The legislation also places oversight of the midwifery profession under the State Commissioner of Health and creates an Advisory Committee on Midwifery to assist the commissioner in matters pertaining to licensure, discipline and related issues. Rulemaking authority of the commissioner includes scope of practice, a formulary of prescription drugs for licensed midwives to administer, routine tests, and continuing education. The health department would also maintain a roster of licensed midwives.

The measure was supported by the National Association of Certified Professional Midwives, Oklahoma Chapter.

The new law will take effect on November 1, 2020.