DISTRICT ATTORNEY FOR IMMEDIATE RELEASE:
BUNCOMBE COUNTY September 8, 2015
ASHEVILLE – A midwife who formerly practiced in Asheville and surrounding areas plead guilty to charges stemming from a failed home-birth in July 2012 this afternoon in Buncombe County Superior Court.
Tina Louise Bailey, 46, plead guilty to one count of felony obstruction of justice and one count of misdemeanor unauthorized practice of midwifery.
Bailey was initially charged with the crimes of murder of an unborn child, assault inflicting serious bodily injury, obtaining property by false pretense, and obstruction of justice.
The State of North Carolina regulates the practice of midwifery and practitioners must be certified nurse midwives to legally attend deliveries in the state.
A certified nurse midwife is a registered nurse who graduates from an accredited nurse midwifery education program and passes a national certification exam.
The unlicensed practice of midwifery is unlawful in North Carolina.
The parties knew that Bailey was not a certified nurse midwife at the time she provided services in the failed home-birth.
Judge William Coward of Macon County sentenced Bailey to serve a suspended sentence of 6-17 months in the North Carolina Division of Adult Corrections.
At the time of sentencing, Bailey had already served 298 days pretrial confinement credit in the Buncombe County Detention Facility. She was placed on pretrial release October 6, 2014.
Bailey was further ordered not to practice midwifery as defined by North Carolina law and comply with other conditions of probation.
“After taking office in January, I re-assigned this case to assistant district attorney Pat Patton for review. Pat is a seasoned prosecutor with more than 20 years of experience in this office. He reviewed a very large file which included numerous police reports, witness statements and voluminous medical records. What appeared clear from Pat’s review was that Ms. Bailey neither committed a violent act, such as an assault, nor was her conduct so reckless and inherently dangerous to human life that the evidence would show that she murdered an unborn child.” Williams stated.
The felony obstruction of justice charge arose in an action brought by the North Carolina Medical Board when the Board sent Bailey a cease and desist order to stop her unauthorized practice of midwifery.
Bailey signed the order on Oct. 4, 2012 using the alias “Rowan Bailey” knowing that there is no such person.
“We determined that it was important that Ms. Bailey accept responsibility for the conduct we felt she was in fact guilty of: practicing midwifery without a license and felony obstruction of justice,” Patton said. “These convictions serve to inform the public that Ms. Bailey is not permitted to practice midwifery in North Carolina. We are pleased that she has acknowledged her wrongdoing through entry of these two guilty pleas.”
Officers with the Asheville Police Department investigated the case.
The failed home-birth occurred over the course of several days in July 2012.
Tina Louise Bailey ###
Todd M. Williams, District Attorney
28th Prosecutorial District
P.O. Box 7158
Asheville, N.C. 28802
E-mail correspondence to and from this address may be subject to the
North Carolina public records laws and if so, may be disclosed.