Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
1795 - Midwifery Advisory Council
Section 1795-11.0 - Disciplinary Proceedings

Universal Citation: 24 DE Admin Code 1795-11.0

Current through Register Vol. 28, No. 3, September 1, 2024

11.1 The license of a Midwife found to have committed unprofessional conduct may be subject to revocation, suspension, probation, denial, non-renewal, fine, censure, or a letter of reprimand.

11.2 Unprofessional conduct includes any act of fraud, deceit, incompetence, negligence, dishonesty or other behavior in the licensee's professional activity which is likely to endanger the public health, safety, or welfare including, without limitation, the following:

11.2.1 Performing acts beyond the scope of authorized practice by a midwife to include violations of24Del.C.§ 1799A A et seq. or of these regulations.

11.2.2 Assuming duties and responsibilities within the practice of midwifery without adequate preparation or supervision or when competency has not been maintained.

11.2.3 Performing new midwifery techniques or procedures without adequate education and practice or without proper supervision.

11.2.4 Failing to take appropriate action or follow policies and procedures in the practice situation designed to safeguard the patient from incompetent, unethical or illegal health care practices.

11.2.5 Inaccurately recording on, falsifying or altering a patient record.

11.2.6 Committing verbal, physical or sexual abuse or harassment of patients or co-workers.

11.2.7 Allowing unqualified persons to perform the practice of licensed midwifes.

11.2.8 Delegating midwifery responsibilities to unqualified persons.

11.2.9 Failing to supervise persons to whom midwifery responsibilities have been properly delegated.

11.2.10 Leaving a patient assignment in circumstances which endangers the patient except in documented emergency situations.

11.2.11 Failing to safeguard a patient's dignity and right to privacy in providing midwifery services which shall be provided without regard to race, color, creed or sexual orientation.

11.2.12 Violating the confidentiality of information concerning a patient except where disclosure is required by law.

11.2.13 Practicing midwifery when unfit to perform procedures and make decisions when physically, psychologically, or mentally impaired.

11.2.14 Diverting drugs, supplies, or property of a patient or attempting to do so.

11.2.15 Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs or attempting to do so.

11.2.16 Providing midwifery in this State without a currently valid license or permit and without other lawful authority to do so.

11.2.17 Allowing another person to use his/her license to provide midwifery for any purpose.

11.2.18 Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule or regulation intended to guide the conduct of a midwife or other health care provider.

11.2.19 Resorting to, or aiding in any fraud, misrepresentation or deceit directly or indirectly in connection with acquiring or maintaining a license to practice midwifery.

11.2.20 Failing to report unprofessional conduct by another midwife licensee or permit holder.

11.2.21 Violating a lawful provision of Title 24, Chapter 17, Subchapter 13, or any lawful regulation established thereunder.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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