Current through Vol. 42, No. 1, September 16, 2024
(a) The Department,
in consultation with the Advisory Committee on Midwifery, may begin a
disciplinary action against a Licensed Midwife or a person practicing Midwifery
who is not exempt from licensure by following the procedures in OAC 310:2 and
75 O.S. §§ 250 et seq. The Department shall
specifically state the violation(s) and shall state the remedy sought by the
Department. Remedies include revocation of a license, suspension of a license,
probation of a licensee and/or administrative penalty.
(b) If, in the course of an investigation,
the Department determines that a licensee or candidate for licensure has
engaged in conduct of a nature that is detrimental to the health, safety, or
welfare of the public, and which conduct necessitates immediate action to
prevent further harm, the Commissioner may order a summary suspension of the
Licensed Midwife's license or authorization to conduct Midwifery.
(c) Examples of items that would qualify for
disciplinary action include but are not limited to:
(1) Practicing outside the scope of practice
and protocols listed in these rules;
(2) Make on a birth certificate a false or
misleading statement;
(3) Failure
to submit records in connection with an investigation;
(4) Revocation of certification by NARM or
AMCB;
(5) Incompetence as
determined by standards of care for Midwifery providers;
(6) Obtaining any fee by fraud or
misrepresentation;
(7) Practicing
while knowingly suffering from a contagious or infectious disease that may be
transmitted through the practice of Midwifery;
(8) Practicing Midwifery under the influence
of alcohol, an illegal drug, or any substance that can cause a person to lose
control of his or her faculties or behavior;
(9) Conviction of a felony;
(10) Failure to comply with an order from the
Department;
(11) Failure to file a
birth certificate, death certificate, stillbirth certificate, or any other
necessary permit as required by law in a timely manner;
(12) Leaving a Client after active first
stage of labor begins without arranging an adequate backup health care
provider;
(13) Manipulating or
affecting a Client by withholding or misrepresenting information in violation
of the Client's right to make informed choices in health care;
(14) Consistently failing to accurately
document a Client's condition, responses, progress, or other information
obtained during care;
(15)
Inability to practice Midwifery with reasonable skill and safety because of
illness, disability, or psychological impairment;
(16) Disciplinary action taken by another
licensing or credentialing body due to negligence, willful disregard for
patient safety, or other inability to provide safe patient care;
(17) Failure to obtain required signed
informed consent form;
(18)
Providing services to a Client who is required by this Chapter to be
transferred to a physician.
