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Judge Proclaims State
has Overriding Control
of Your Birth Choices
On October 31 Judge James Colins denied the
request of Diane Goslin for a stay or
supersedeas of the cease and desist order
given by the Pennsylvania Board of Medicine on
September 26. In his opinion, Judge Colins
wrote,"...while we recognize the distinct interest
of future parents to make decisions regarding
the manner by which their children may be
delivered, we believe that the Commonwealth
has a paramount interest in ensuring that the
lives of unborn fetuses are medically
protected."
This was the decision reached by Colins even
after he stated that, "...the record reveals - and
the Board does not contest - that Goslin has an
exceptional degree of experience and
certification from a highly regarded national
midwife organization, North American Registry
of Midwives." He further stated that, "The Board
has not asserted that Goslin has ever practiced
in a negligent or dangerous manner."
In her declaration submitted on Goslin's behalf,
social scientist and midwife Betty-Ann Daviss
wrote, "Ms. Goslin's results are impeccable;
her client satisfaction is excellent...It is highly
unusual that this Cease and Desist Order is
coming twenty-six (26) years after Ms. Goslin
began to practice...There must be some kind of
appeal to common sense if not common law
that a citizen exercising her profession in a
community for this amount of time cannot
merely be thrown out at the whim of a few
people who may have a vested interest in
establishing their profession over hers."
Daviss, who co-authored the landmark study ,
"Outcomes of planned home births with
certified professional midwives", published in
the British Medical Journal in 2005, and who
knows Goslin's work well concluded her
statement by saying, " It is ironic that one of
the very midwives whom I chose to visit
precisely because of her unusually high level
of experience should receive a Cease and
Desist Order the month after I visited her."
has Overriding Control
of Your Birth Choices
On October 31 Judge James Colins denied the
request of Diane Goslin for a stay or
supersedeas of the cease and desist order
given by the Pennsylvania Board of Medicine on
September 26. In his opinion, Judge Colins
wrote,"...while we recognize the distinct interest
of future parents to make decisions regarding
the manner by which their children may be
delivered, we believe that the Commonwealth
has a paramount interest in ensuring that the
lives of unborn fetuses are medically
protected."
This was the decision reached by Colins even
after he stated that, "...the record reveals - and
the Board does not contest - that Goslin has an
exceptional degree of experience and
certification from a highly regarded national
midwife organization, North American Registry
of Midwives." He further stated that, "The Board
has not asserted that Goslin has ever practiced
in a negligent or dangerous manner."
In her declaration submitted on Goslin's behalf,
social scientist and midwife Betty-Ann Daviss
wrote, "Ms. Goslin's results are impeccable;
her client satisfaction is excellent...It is highly
unusual that this Cease and Desist Order is
coming twenty-six (26) years after Ms. Goslin
began to practice...There must be some kind of
appeal to common sense if not common law
that a citizen exercising her profession in a
community for this amount of time cannot
merely be thrown out at the whim of a few
people who may have a vested interest in
establishing their profession over hers."
Daviss, who co-authored the landmark study ,
"Outcomes of planned home births with
certified professional midwives", published in
the British Medical Journal in 2005, and who
knows Goslin's work well concluded her
statement by saying, " It is ironic that one of
the very midwives whom I chose to visit
precisely because of her unusually high level
of experience should receive a Cease and
Desist Order the month after I visited her."
COMMONWEALTH COURT
WILL DECIDE FATE OF PA
MIDWIVES
Wednesday, April 9, 2008 Nearly 1,000 people gathered
at the State Capitol today in support of Lancaster County
midwife, Diane Goslin, who was appealing a cease and
desist order from the PA Board of Medicine handed down
last September.
The Board of Medicine found Mrs. Goslin in violation of the
Medical Practice Act of 1985 for "practicing medicine
without a license."
The Board based it's finding on the assertion that
midwifery constitutes the practice of medicine. Goslin has
never been charged with negligence or endangerment.
Mrs. Goslin is a Certified Professional Midwife - a
certification which is recognized in 23 other states. She
has practiced midwifery in Pennsylvania for 25 years and
has attended over 5,000 births.
Goslin's appeal was heard by all seven judges of the
Commonwealth Court in the Supreme Court room of the
Capitol. They will now decide whether or not the
Pennsylvania Board of Medicine correctly concluded that
anyone assisting a women in childbirth is practicing
medicine. A decision is not expected for at least a week.
Goslin's attorney, James Kutz, said, "This is a case where
your fundamental freedoms run headlong into government
regulation."
"The judges had some very important questions," said
Betty-Anne Daviss, co-author of the largest study ever
conducted to assess the safety of homebirth. "Namely,
they wanted to know if a woman has a Constitutional right
to birth her baby at home with whom she wants." Daviss
pointed out that governments in both Canada and Great
Britain are working to expand public access to midwives
like Diane and, by so doing, are seeing a decrease in
maternal and infant mortality rates in those countries.
Goslin's lawyers argued in a courtroom packed with 250
supporters, according to James Strickler, President of
SaveHomebirth.
"When I walked outside and saw the sea of people who
had come out to support Diane and homebirth freedom, I
was overcome," said Faith Bucks, Chiropractor and
co-founder of SaveHomebirth.com. Amish and Plain men,
women and babies had come by the hundreds from
across Pennsylvania to show their desire to maintain their
freedom to birth at home with the midwives of their choice.
WILL DECIDE FATE OF PA
MIDWIVES
Wednesday, April 9, 2008 Nearly 1,000 people gathered
at the State Capitol today in support of Lancaster County
midwife, Diane Goslin, who was appealing a cease and
desist order from the PA Board of Medicine handed down
last September.
The Board of Medicine found Mrs. Goslin in violation of the
Medical Practice Act of 1985 for "practicing medicine
without a license."
The Board based it's finding on the assertion that
midwifery constitutes the practice of medicine. Goslin has
never been charged with negligence or endangerment.
Mrs. Goslin is a Certified Professional Midwife - a
certification which is recognized in 23 other states. She
has practiced midwifery in Pennsylvania for 25 years and
has attended over 5,000 births.
Goslin's appeal was heard by all seven judges of the
Commonwealth Court in the Supreme Court room of the
Capitol. They will now decide whether or not the
Pennsylvania Board of Medicine correctly concluded that
anyone assisting a women in childbirth is practicing
medicine. A decision is not expected for at least a week.
Goslin's attorney, James Kutz, said, "This is a case where
your fundamental freedoms run headlong into government
regulation."
"The judges had some very important questions," said
Betty-Anne Daviss, co-author of the largest study ever
conducted to assess the safety of homebirth. "Namely,
they wanted to know if a woman has a Constitutional right
to birth her baby at home with whom she wants." Daviss
pointed out that governments in both Canada and Great
Britain are working to expand public access to midwives
like Diane and, by so doing, are seeing a decrease in
maternal and infant mortality rates in those countries.
Goslin's lawyers argued in a courtroom packed with 250
supporters, according to James Strickler, President of
SaveHomebirth.
"When I walked outside and saw the sea of people who
had come out to support Diane and homebirth freedom, I
was overcome," said Faith Bucks, Chiropractor and
co-founder of SaveHomebirth.com. Amish and Plain men,
women and babies had come by the hundreds from
across Pennsylvania to show their desire to maintain their
freedom to birth at home with the midwives of their choice.