Your Midwife Might Soon Get Full Hospital Privileges in Colorado
Sponsors: Stephanie Luck, Jenny Willford·Health & Human Services·
Illustration: Assembly Required
The Bottom Line
Colorado law says licensed midwives can practice independently, but many hospitals still restrict what they can do on the maternity ward. This bill would force public hospitals to give certified midwives the same admitting, discharging, and voting privileges as doctors, without requiring a physician's sign-off.
What This Bill Actually Does
Currently, Colorado law clearly recognizes certified nurse midwives (CNMs) and certified midwives (CMs) as highly trained, independent healthcare professionals. Under the state's regulatory framework, they are fully authorized to practice on their own. However, state law and hospital policy frequently collide. Just because Colorado says a midwife can practice independently doesn't mean a local hospital will actually allow it. Hospital credentialing practices vary wildly across the state. In many facilities, midwives are credentialed under secondary tiers. This means they are required to have a medical doctor (MD) or doctor of osteopathy (DO) officially admit their patients, approve major care decisions during labor, and physically sign off on the discharge papers before a new family can go home.
HB26-1092 steps in to bridge this exact gap between state licensing and localized hospital bureaucracy. The legislation specifically adds Section 25-3-135 to the Colorado Revised Statutes, creating a strict nondiscrimination rule for hospital privileges. It prohibits any public health facility that offers labor and childbirth services from denying, restricting, or conditioning a midwife's medical staff privileges simply based on their specific license type. If the midwife is practicing within their legal scope of care, the facility must treat them as full, unrestricted medical staff.
The true teeth of the bill are found in its specific credentialing mandates. It requires hospitals to grant midwives direct admitting and discharge privileges, wholly eliminating the need for a physician’s co-signature. Furthermore, it ensures midwives are granted the same voting rights as other medical staff members. This elevates them from simply practicing in the hospital to actually having a seat at the table when the facility drafts its internal rules, protocols, and standards of care.
What It Means for You
If you are planning to grow your family in Colorado, this policy has a direct and practical impact on your options for prenatal and delivery care. For many expectant parents, choosing a midwife is a highly intentional decision to prioritize a specific, often less aggressively medicalized approach to childbirth. Right now, you might build a strong, trusting relationship with a midwife for nine months, only to hit bureaucratic roadblocks once you enter the hospital doors. It can be incredibly frustrating to wait for a physician you’ve never met to officially admit you, or to sit in a recovery room waiting for a doctor's signature before you are allowed to take your newborn home.
By legally guaranteeing direct admitting and discharge privileges, this change ensures your chosen provider can seamlessly manage your care from the moment you arrive in triage until you pack up your car. You wouldn't need a doctor’s sign-off just to secure a room or to be cleared to leave. But the bill goes beyond just paperwork—giving midwives voting rights on hospital committees means they get a voice in shaping the actual maternity ward protocols that will affect your birth experience. When midwives vote on hospital policy, the environment often becomes more friendly to physiological birth practices.
For rural Coloradans, the impact could be even more profound. In communities where OB-GYNs are in short supply or stretched entirely too thin, empowering midwives to operate independently within local public health facilities could significantly expand access to reliable, consistent maternity care. If you prefer a midwifery model of care but want the safety net of a hospital setting—rather than a home birth or a standalone birthing center—this is a key policy to understand. These changes are slated to take effect in August 2026, so reviewing your local hospital's specific credentialing rules over the next couple of years will help you plan your care confidently.
What It Means for Your Business
For hospital administrators, medical directors, and healthcare compliance officers, this legislation demands a fundamental, top-to-bottom review of your credentialing bylaws. If your organization operates as a certified public health facility offering labor and delivery services, you can no longer legally require a physician co-signature for midwife admissions or discharges. Your credentialing committees will need to audit current medical staff privileges to ensure that certified nurse midwives (CNMs) and certified midwives (CMs) are seamlessly integrated into the primary medical staff structure. Crucially, this means extending identical voting rights to midwives on medical executive committees, altering the balance of power when it comes to setting departmental rules and clinical guidelines.
For independent midwifery practices, this represents a massive operational and financial win. Historically, midwives have had to spend significant time and money negotiating complex collaborative agreements with hospital-based physician groups just to ensure their patients could be admitted and discharged without friction. By formally stripping away the need for an MD or DO to sign off on these fundamental steps, independent midwifery businesses can offer a true, uninterrupted continuum of care to their clients. This makes hospital-based midwifery a more attractive and financially viable business model, potentially allowing private clinics to scale up without paying high consulting or oversight fees to physicians.
Healthcare facilities will need to have their updated credentialing and compliance frameworks finalized by the effective date of August 2026. Operations and revenue cycle teams should also prepare for subtle shifts in billing, coding, and patient flow. Because midwives will be taking on direct admission and discharge duties, you may see changes in how utilization metrics are tracked and how claims are routed to insurance providers on the maternity ward. Taking time now to consult with your legal counsel and medical executive committee will ensure a smooth transition.
Follow the Money
From a taxpayer perspective, this legislation is as clean as it gets. The bill requires absolutely no direct funding from the state, with the official fiscal note projecting $0 in state expenditures and $0 in new state revenue for the upcoming budget years. The Department of Public Health and Environment (CDPHE) and the Department of Regulatory Agencies (DORA) will take on a minimal amount of extra work to send out guidance to hospitals and licensed healthcare professionals about the new rules. However, both departments have confirmed they can absorb these outreach efforts using their existing operating budgets.
The only slight financial unknown involves the state's role as an insurer, specifically through the state employee health insurance plan and Health First Colorado (Medicaid). State fiscal analysts point out that giving midwives greater autonomy could lead to minor shifts in how maternity care is utilized across the state. For instance, there could be slight changes in the duration of hospital stays if midwives are able to discharge patients directly without waiting for a doctor's rounds. Despite these potential shifts in healthcare delivery, any changes to state insurance expenditures are expected to be negligible, meaning taxpayers won't see a bill for this policy shift.
Where This Bill Stands
HB26-1092 is currently Dead. The latest official action came on 03/24/2026: House Committee on Health & Human Services Postpone Indefinitely.
That means the bill is no longer advancing this session. In practice, measures that are postponed indefinitely or otherwise declared lost generally stay dead unless they are reintroduced in a future session.
Frequently Asked Questions
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