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Thursday, June 28, 2007

MIDWIFERY PROVISION TO FACE COURT CHALLENGE

The Missouri State Medical Association plans to file a lawsuit seeking to invalidate a provision legalizing midwifery that was slipped into legislation by state Sen. John Loudon without the knowledge of most lawmakers, The Associated Press has reported.

Loudon, R-Ballwin, championed the midwifery bill without success for years. Without telling his fellow senators, Loudon added to a health insurance bill he was handling a provision allowing people with “tocological certification” to provide related services regardless of other state laws to the contrary. Tocology refers to obstetrics. HB 818 won final passage in both legislative chambers before the provision was discovered. Senate President Pro Tem Michael Gibbons, R-Kirkwood, subsequently removed Loudon as chairman of the Senate Small Business, Insurance and Industrial Relations Committee as punishment for his deception.

The expected lawsuit will claim the midwifery provision violates the Missouri Constitution’s prohibitions on bills containing unrelated provisions or provisions that deviate from the bill’s original purpose. HB 818’s title was “an act … relating to health insurance.” Gov. Matt Blunt signed the bill into law on June 1. The State Medical Association plans to file its lawsuit in Cole County Circuit Court later this month.

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