An $11,000 fine levied against a Strasburg midwife for delivering babies without a state license has been thrown out by a Pennsylvania appeals court — at least for now.

"I'm pleased the court granted the stay for the $11,000 fine," midwife Diane Goslin said Thursday. "It was really inappropriate and punitive. Nobody thought it was just."

In a ruling distributed Thursday, Commonwealth Court Judge James Gardner Colins called the state medical board fine levied against Goslin "unconscionable" and "repugnant to traditional concepts of justice."

Goslin is challenging a ruling by the state medical board that she must stop practicing midwifery because she is unlicensed.

State law requires midwives to be registered nurses and licensed by the state. Goslin, who is challenging that law, is neither, although she has attended births for more than 25 years.

Colins ruled the board cannot collect a fine until that legal challenge is decided, and he suggested the board impose lower fines for people who act in good faith.

Colins, however, denied Goslin's request to lift a cease-and-desist order that has prohibited her from attending births since September.

"There is nothing in the record to indicate (Goslin) has been providing these services in anything less than an exemplary fashion," Colins wrote.

And Goslin, 49, said she has 5,000 births behind her and a sterling reputation in the community to back up the judge's comments.

Still, she acknowledged she might have to permanently stop delivering babies for a community that is largely without medical insurance or access to hospital maternity care. She said about 75 percent of her clients are from the Plain community.

"I'm sorry for all the couples who might be forced to not have attended births, which is more risk to the public," she said. "There are a lot of families counting on my services — there are some families I've delivered up to 15 children for. They don't want to be left high and dry."

Goslin faced civil sanctions from the state medical board after helping an Amish woman give birth at home two years ago. The infant died the following day, although Goslin said the death was unrelated to her services.

Colins said the board has never claimed she practiced in a negligent or dangerous manner, or that any patient has been injured by her services.

This most recent investigation is the third time Goslin has been investigated by the state's Board of Medicine.

Goslin is certified in midwifery by a national organization called the North American Registry of Midwives, which she said is recognized by 25 states but not Pennsylvania.

Unlicensed, lay midwives essentially work without state oversight and regulation of standard of care.

They are not required to carry malpractice insurance, which typically costs licensed midwives up to $25,000 a year. Their services often are considerably cheaper than licensed midwives, making them especially attractive to clients without medical insurance.

Goslin's attorney, Barbara A. Zemlock, is preparing to argue in Commonwealth Court her client's contention that she should be allowed to practice in Pennsylvania.

Goslin is hoping her hearing will clarify Pennsylvania's law regarding midwifery, contained in the Medical Practice Act. Goslin said it is not clear if the law applies to lay midwives.

"At best, the law has been ambiguous all these years, which is why cases like mine keep coming up," Goslin said. "We're optimistic that (a Commonwealth Court judge) will find it wholly proper for me to continue as a midwife. What we're saying is people have the right to make informed choices for themselves. It's ironic that a woman can choose to have an abortion, but she can't choose to give birth with a person she trusts and is familiar with."

In the meantime, the Plain community continues to rally for Goslin. In an effort to help offset Goslin's legal fees, which she said are about $50,000, the Amish community is holding a Dec. 8 breakfast and auction at Solanco Fairgrounds from 7 a.m. to 3:30 p.m.

The Associated Press contributed to this report.

E-mail: slindt@lnpnews.com