Doctors' groups try to block midwives law

JEFFERSON CITY, Mo. -- A state senator who secretly added new legal protections for lay midwives to another bill did nothing unconstitutional, even if his colleagues find the tactic unfair, an attorney defending the measure argued to a court Thursday.

"Some people do things that are offensive to somebody else mainly because they won," said Jim Deutsch, an attorney for the Missouri Midwives Association, defending against a legal challenge to a new law making it legal for some lay midwives to deliver babies. "They don't need this court to referee clever legislators."

Sen. John Loudon, R-Chesterfield, attached the midwives measure to a bill aimed at making health insurance more affordable. Opponents had stymied Loudon's attempts this spring to pass a separate bill focused on allowing midwives to practice legally and be certified by the state.

Many legislators did not realize they had approved the midwifery language until it had been sent to the governor's desk. The language is obscure and does not refer to midwifery by name.

Deutsch argued Thursday that just because some people dislike the result doesn't mean the law's passage was counter to requirements in the state constitution.

But doctors' groups claim the provision allowing midwives to deliver babies without threat of prosecution was improperly added to the health insurance bill. They say the law violates state constitutional provisions against going beyond the title and original purpose of the bill.

Attorney Harvey Tettlebaum, representing the Missouri State Medical Association and other medical groups, argued that the bill's title -- "relating to health insurance" -- leaves no room for the midwife provision.

"Effectively what they're asking this court to do is change the title," he said.

The law was to go into effect Aug. 28, but Cole County Circuit Judge Patricia Joyce issued a temporary restraining order blocking it last month. On Thursday she heard arguments on whether to permanently keep the law from going into effect later this month, but did not immediately rule.

She asked attorneys to submit their proposals by Tuesday.