Friday, November 02, 2007

Unlicensed Midwife Cannot Raise Religious Claims of Non-Party Amish

A Pennsylvania Commonwealth Court has at least temporarily delayed collection of the state medical board's $11,000 fine against a midwife who has been delivering babies for the Amish community for 24 years, but has never obtained a state license. Yesterday the AP reported that the judge, who called the fine unconscionable, ruled that it could not be collected until midwife Diane Goslin completes her legal challenges to it. However the court said it was unlikely that Goslin will succeed in overturning the board's cease-and-desist order barring her from continuing to practice her midwife skills. State law requires midwives to be registered nurses. The court held that while members of the Amish community may have religious reasons for using Goslin's services, they are not parties to the case and Goslin does not have standing to raise their religious claims.