Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

Client Alert
January 28, 2026

Smiling midwife consulting with a pregnant woman during a prenatal checkup, illustrating midwifery regulations under Ohio House Bill 537

The Ohio Board of Nursing (“BON”) and the Ohio Department of Commerce may soon regulate midwifery in Ohio. House Bill 537 was introduced in the Ohio House of Representatives on October 21, 2025. The Bill seeks to add or amend sections in the Ohio Revised Code (“ORC”) relating to certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. In doing so, the proposed Bill accounts for full regulation of these practice areas and defines roles for individual midwife designations. The following highlights key changes that are proposed in H.B. 537:   

Certified Nurse-Midwives: 

  • Allows a certified nurse-midwife (“CNM”) to, “in collaboration with one or more physicians, attend births in hospitals, homes, medical offices, and freestanding birthing centers and provide care for normal newborns during the period consistent with the scope of practice for certified nurse-midwives established by the American college of nurse-midwives.”[1]
  • Prohibits CNMs from treating “abnormal condition[s] that are outside of the scope of practice for certified nurse-midwives established by the American college of nurse-midwives, except in emergencies.” [2]
  • Prohibits CNMs from “delivering breech or face presentation except in an emergency or as provided in section 4723.581 of the Revised Code.” [3]

Certified Midwives:

  • Establishes that the BON “shall adopt rules establishing standards and procedures for the licensure and regulation of certified midwives.” [4]
  • States that a certified midwife (“CM”) is an individual who may practice only in accordance with a standard care arrangement (“SCA”) and adds “certified midwife” to all applicable SCA provisions. [5]
  • Establishes what activities a CM may engage in when in collaboration with one or more physicians.[6]

Licensed Midwives:

  • Establishes what is within the scope of a licensed midwife (“LM”) and what activities LMs may engage in.[7]

Traditional Midwives:

  • Establishes what is within the scope of a traditional midwife (“TM”) and what activities TMs may engage in.[8]

Free Standing Birthing Centers:

  • Requires free standing birthing centers to have one of the following attend each birth:
    • “A physician licensed under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
    • A certified nurse-midwife licensed under Chapter 4723 of the Revised Code;
    • A certified midwife licensed under Chapter 4723 of the Revised Code;
    • A licensed midwife licensed under Chapter 4724 of the Revised Code.”[9]
  • Each freestanding birthing center must have a director of patient services who is one of the following:
    • “A physician licensed under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
    • A certified nurse-midwife licensed under Chapter 4723 of the Revised Code who has contracted with a collaborating physician;
    • A certified midwife licensed under Chapter 4723. of the Revised Code who has contracted with a collaborating physician.”[10]
  • Proposes that a hospital that is a “Medicaid provider and that operates a maternity unit shall agree to a written transfer agreement with any freestanding birthing center if both of the following apply”:[11]
    • The freestanding birthing center is located within a thirty-mile radius of the hospital.
    • The freestanding birthing center has requested a transfer agreement.
  • States that a transfer agreement shall “specify an effective procedure for the safe and immediate transfer of patients from the freestanding birthing center to the hospital when medical care beyond the care that can be provided at the freestanding birthing center is necessary, including when emergency situations occur or medical complications arise.”[12]

Home Births:

  • A CNM or CM shall be allowed to attend a vaginal birth after caesarean (“VBAC”), birth of twins, or breech birth as a home birth only if the conditions described are satisfied:[13]
    • The patient gives their written informed consent, including a description of risks associated with the procedure.
    • The certified nurse-midwife or certified midwife consults with a physician about the patient and together with the physician determines whether referral is appropriate for the patient.
    • The certified nurse-midwife or certified midwife satisfies any other conditions required in rules adopted by the BON.
  • A LM shall be allowed to attend a VBAC, birth of twins, or breech birth as a home birth only if the conditions described are satisfied:[14]
    • The patient gives their written informed consent, including a description of risks associated with the procedure.
    • The licensed midwife consults with a physician, certified nurse-midwife, or certified midwife, and together with the physician or midwife determines whether referral is appropriate for the patient.
    • The LM satisfies any other conditions required in rules adopted by the BON.
  • Where a CNM or CM provides care for a planned homebirth, there must be an individualized transfer of care planned with each patient, and the CNM or CM must “assess the status of the patient, fetus, and newborn throughout the maternity care cycle and shall determine when or if a transfer to a hospital is necessary.” [15]

To learn more about H.B. 537 and how the proposed regulations may impact your practice, please contact BMD Member Jeana Singleton at jmsingleton@bmdllc.com or 330-253-2001. 

[1] H.B. 537, pg. 60-61, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (amending ORC Sec. 4723.43).

[2] Id. at 60.

[3] Id.

[4] H.B. 537, pg. 95, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 4723.59).

[5] H.B. 537, pg. 63, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (amending ORC Sec. 4723.431).

[6] H.B. 537, pg. 86-87, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 4723.57).

[7] H.B. 537, pg. 102, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 4724.05).

[8] H.B. 537, pg. 116, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 4724.14).

[9] H.B. 537, pg. 5-6, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (amends ORC Sec. 3702.30).

[10] H.B. 537, pg. 6, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (amends ORC Sec. 3702.30).

[11] H.B. 537, pg. 8-9, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 3722.15).

[12] H.B. 537, pg. 8-9, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 3722.15).

[13] H.B. 537, pg. 89-90, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 4723.581).

[14] H.B. 537, pg. 106-107, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding, ORC Sec. 4724.08). 

[15] H.B. 537, pg. 90, available at https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb537/00_IN/pdf/ (adding ORC Sec. 4723.582).

Health LawHealthcareHealthcare PolicyJeana Singleton
Client Alert

Florida's Recent Ruling on Arbitration Clauses

March 15, 2024Florida’s recent ruling on arbitration clauses provides a crucial distinction in determining whether such clauses are void as against public policy and providers may have the opportunity to include arbitration clauses in their patient consent forms. On March 6, 2024, Florida’s Fourth District Court of Appeals reversed and remanded Florida’s Fifteenth Circuit Court ruling of Piero Palacios v. Sharnice Lawson. The Court of Appeals ruled that the parties’ arbitration agreement did not contradict the Legislature’s intent of Florida’s Medical Malpractice Act (the “MMA”), but rather reflects the parties’ choice to arbitrate claims entirely outside of the MMA’s framework. Therefore, the Court found that the agreement was not void as against public policy.Client Alert

Corporate Transparency Act Update 3/14/24

March 14, 2024On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.Client Alert

The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

February 27, 2024In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).Client Alert

Another Transparency Obligation: The FinCEN Beneficial Ownership Information Reporting Requirements

February 26, 2024Many physician practices and healthcare businesses are facing a new set of federal transparency requirements that require action now. The U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) Beneficial Ownership Information Reporting Requirements (the “Rule”), which was promulgated pursuant to the 2021 bipartisan Corporate Transparency Act, is intended to help curb illegal finance and other impermissible activity in the United States.Client Alert

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

February 19, 2024On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.
Older posts
Newer posts