VBAC's in birth centers across the state of Florida. They are currently being challenged and were previously considered as a "de facto ban" in all of Florida. This means that:
De facto is a Latin expression that means "in fact" or "in practice", commonly used as opposed to de jure (meaning "by law") when referring to matters of law or governance or technique (such as standards), that are found in the common experience as created or developed without or against a regulation. (From here).
De facto standards
A de facto standard, for instance, is a technical or other standard that is so dominant that everybody seems to follow it like an authorized standard. The de jure standard may be different: one example is the metric unit of kilometre, which is the de jure standard for road distances in the United States, while the mile (=1609.344 m) is the de facto standard. In addition, there is no law preventing one from adding a twenty-seventh letter such as รพ to the alphabet, as letters were added, centuries ago, without much difficulty, but one is prevented from doing so today by the practical difficulties involved. Thus there is a de facto limit on modifications to the alphabet. The de facto standard is not even formalized in all cases and may simply rely on the fact that someone has come up with a good (hopefully unpatented) idea that everybody else likes so much that it is copied/plagiarized. Typical creators of de facto-standards are individual companies, corporations and consortiums.
A de facto standard, for instance, is a technical or other standard that is so dominant that everybody seems to follow it like an authorized standard. The de jure standard may be different: one example is the metric unit of kilometre, which is the de jure standard for road distances in the United States, while the mile (=1609.344 m) is the de facto standard. In addition, there is no law preventing one from adding a twenty-seventh letter such as รพ to the alphabet, as letters were added, centuries ago, without much difficulty, but one is prevented from doing so today by the practical difficulties involved. Thus there is a de facto limit on modifications to the alphabet. The de facto standard is not even formalized in all cases and may simply rely on the fact that someone has come up with a good (hopefully unpatented) idea that everybody else likes so much that it is copied/plagiarized. Typical creators of de facto-standards are individual companies, corporations and consortiums.
In English, this means that there is an "in practice" ban of VBAC's across the state. People are not in favor of doing them in their practices. This DOES NOT mean that they are illegal!! It just means "as a rule" people do not do them. In fact, there is currently only one OB-GYN in Florida that is even willing to approve VBAC's. She is in Miami and will travel the state to come and see you.
The BirthGirlz website is currently mounting a legal battle to help support those of us who would desire VBACS out of hospital. Please visit their website and see how you can help to support this worthy cause! Go here for the post that alerted me to their existence. Here is the original post (Just in case it disappears):
Florida’s Agency for Health Care Administration is expected to permanently ban Vaginal Birth after Cesarean (VBAC) in the state’s birth centers. In response, BirthGirlz, a national nonprofit based in Florida, is mounting a legal challenge, arguing that the ban is beyond the scope of the state health agency’s role.
The ban aims to close the loop on what is already a stringent policy on VBACs in Florida. To have a non-surgical birth after a C-section, women are compelled to go to hospitals that permit it (which are not accessible throughout the state), or, if a physician signs off on the procedure, they can have one at home with the guidance of a licensed midwife. VBACs currently don’t occur in Florida birthing centers because of what is being a called a “de facto ban” due to outdated language in the state regulations. The language, which will be updated this week, will turn the ban from de facto to explicit—making VBACs illegal in all of Florida licensed birthing facilities.
Miriam Pearson-Martinez, a licensed midwife who serves on the Pushing for VBAC committee of BirthGirlz, said that the organization has hired an attorney and will file a legal challenge to the ban when the AHCA moves to amend its regulatory language.
This is the current action being taken by BirthGirlz:
We have secured and paid for the attorney that will be fighting for a woman's right to choose a birth center setting for her VBAC. We have paid her fee in full and just need a little help flying her to Tallahasee. Due to the fact that the state acted with NO NOTICE to open the rules governing birth centers.
I am appalled to see that it has come this far! Do our human rights really have to mean so little? If women are given the choice to end a pregnancy, just because it is not wanted, don't you think we have the right to birth the way we want? (I am not advocating abortion here!) We won the right to choose, but we do not have the right to choose where, when and how we give birth to our babies. Many people feel it is dangerous to even be given this right. Others have no clue and are blindly walking into a situation that can cause more harm than good. Our right to educate ourselves and make our own decisions, about what is right for us and our children, are being taken away from us! And, worse, we are letting them do it!!
Moreover, I am appalled by the midwives in this state. I am horrifically offended that there is not more fighting going on in the midwife communities of Florida to better a woman's right to choose a home birth or a birth center. Many are to afraid to stand up and fight for what they know is right and good and just. Just because birth centers and home birth are still allowed does NOT mean the fight is over ladies!! That was just the beginning. What about the other women who would be perfectly fine having their babies at home or with a birth center? What about the breech babies, the VBAC's, the twins?? Not enough has changed. We should not be afraid to upset the status quo! Fight for what you believe in. I know you gals are out there!
Don't let us go underground. Let us stand in the light and fight for the rights of women. The rights of our daughters, our friends and our babies. There is still more to do. Don't let what we know to be right be taken away. It is our right and our choice.
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