Is Home Births Legal in Arkansas After the 2026 Policy Reforms?

Yes, home births are legal in Arkansas, but compliance hinges on adherence to state-mandated midwifery statutes and physician oversight. Arkansas Code § 17-82-301 et seq. permits Certified Professional Midwives (CPMs) to attend home births under a 2023 regulatory framework, though unlicensed attendants risk misdemeanor penalties. The Arkansas Department of Health (ADH) enforces these rules, requiring CPMs to register annually and maintain emergency transfer protocols with collaborating physicians.


Key Regulations for Home Births in Arkansas

  • Licensure Requirement: Only CPMs certified by the North American Registry of Midwives (NARM) may legally attend home births. Unlicensed practitioners face fines up to $1,000 under Ark. Code Ann. § 17-82-312.
  • Physician Collaboration: CPMs must establish a written agreement with a licensed Arkansas physician for emergency obstetric referrals. The ADH audits these agreements biennially.
  • Transfer Protocols: Home birth attendants must document emergency transport plans to hospitals, including neonatal resuscitation equipment mandates per ADH Rule 007.01.