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Last updated 7:43PM ET
November 26, 2020
St. Louis Public Radio News
St. Louis Public Radio News
Senator loses leadership post after sneaking midwifery into bill
(2007-05-14)
(St. Louis Public Radio) - A move to legalize midwives in Missouri has landed a state Senator in hot water.

The State Senate last week passed a bill that would make it easier for small business employees to get health insurance.

But G.O.P. Senator John Loudon, of Chesterfield, added language to the bill that would make it legal for midwives to deliver babies in Missouri. And Loudon chose not to tell fellow senators what he had done.

Senate President Pro-Tem Michael Gibbons responded by suspending Loudon's chairmanship of a senate committee.

"We need to do business here in a very open way on the floor," said Gibbons, a supporter of legalizing midwifery. "I don't believe that the ends justify the means and I'm very concerned about the way things were handled."

Loudon, though, defends his actions, saying it was worth losing his post if it gives women more choices in how they want their babies delivered.

"I can thank the midwife advocates for the life of my 5th child," said Loudon on Monday. "Maybe of my wife they encouraged my wife to ask medical questions that weren't being asked by anybody else, and they discovered some significant disorders that were then addressed."

The bill now goes to Governor Matt Blunt for his signature.

BILL's HISTORY

Loudon was the Senate handler of one of Gov. Matt Blunt's priority bills intended to expand private health insurance to some of Missouri's 700,000 uninsured, particularly those employed by small businesses.

On Thursday, Loudon outlined a new, 123-page version of the bill purportedly one agreed to by key House and Senate members, the governor's office and trade groups for small businesses and insurers.

But while explaining the bill, Loudon never mentioned that it also included an obscure sentence allowing certified midwives to help with home births. Under current Missouri law, midwifery is considered the illegal practice of medicine when done by anyone other than a physician or certain specially trained nurses.

The Senate passed the bill 31-0 Thursday night with virtually no debate its last act before heading home for a three-day weekend.

On Friday, the House passed the bill 106-41, sending it to Blunt. It was only after the final vote that Democratic Rep. Sam Page, a Creve Coeur doctor, noticed the midwifery language and brought it to colleagues' attention. By then, it was too late to debate.

As word spread of what Loudon had accomplished, many lawmakers became irate.

The bill's lead sponsor, Rep. Doug Ervin(R-Kearney) said Monday that Loudon had deceived him. The midwife language was not part of the agreed-upon package, Ervin said, and he never would have brought the bill to a final vote had he realized what was in it.

"We have a serious issue in regards to trust," Ervin said.

Senate Majority Leader Charlie Shields (R-St. Joseph) who decides what bills get debated, also said he never would have brought up the health insurance bill had he realized the midwife language was included.

Senate President Pro Tem Michael Gibbons on Monday removed Loudon as chairman of the Senate Small Business, Insurance and Industrial Relations Committee until further notice. Gibbons said he also was tricked by Loudon's midwife language.

"There's really not much I wouldn't do to make sure people get this critical freedom" to decide how and where to give birth to their children, Loudon said on Monday. "It's not like I enriched a donor or set child molesters free; I put a new freedom for people into a bill."

For Loudon, it's a personal issue. The senator said a would-be midwife helped identify a medical problem during his wife's pregnancy last year that threatened the life of both his wife, Gina, and their unborn child. Their son, Robert, was born safely Aug. 25 though not delivered by the midwife.

Whereas Loudon believes midwives and home births can actually increase safety, opponents argue they can put lives at risk.

Page points to the March 2002 death of infant Ethan Criswell, who was born prematurely at his Mansfield home and suffered from multiple birth defects. Victoria Kocher later pleaded guilty to a charge of unauthorized practice of midwifery and was sentenced to five years probation.

"When you present yourself as someone who can deliver a baby at home, and the people receiving those services don't know enough to investigate your qualifications and skills, then someone's going to get hurt," Page said.

Another opponent, Sen. Chuck Graham (D-Columbia) had blocked a separate Loudon bill legalizing lay midwifery from coming to a final vote in the Senate. Loudon and Graham had engaged in a kind of cat-and-mouse game this year, with Loudon repeatedly attempting to pass his midwifery bill when Graham was out of the Senate chamber, prompting Graham to rush back.

After the health insurance bill passed, Graham said Loudon told him he would stop pushing the lay midwifery bill and was "done being sneaky, sneaky."

"I think he deceived the entire Senate, and there is a fair amount of furor over that," Graham said Monday.

A lobbyist for midwives defended Loudon's tactics, noting lawmakers and lobbyists had more than several hours to review the bill and notice the language. Supporters fully expected that someone would pick up on their move, said Mary Ueland, of Mansfield, the legislative chairwoman for the Missouri Midwives Association.

"Nobody lied, nobody was dishonest, and nobody asked any questions," Ueland said.

Gibbons said legislative leaders are looking for ways to reverse Loudon's language likely through passage of another bill. But the legislative session ends Friday. © Copyright 2020, St. Louis Public Radio