A. The Director is
authorized to deny or revoke any license to practice midwifery or otherwise
discipline a licensee upon proof that the person is guilty of unprofessional
conduct which shall include, but not be limited to:
1. Fraudulent or deceptive procuring or use
of a license;
2. All advertising of
midwifery business which is intended or has a tendency to deceive the
public;
3. Conviction of a crime
involving moral turpitude; conviction of a felony; conviction of a crime
arising out of the practice of midwifery;
4. Abandonment of patient;
5. Dependence upon controlled substances,
habitual drunkenness or rendering professional services to a patient while the
midwife is intoxicated or incapacitated by the use of drugs;
6. Promotion by the sale of drugs, devices,
appliances, or goods or services provided for a patient in such a manner as to
exploit the patient for the financial gain of the midwife;
7. Immoral conduct of a midwife in the
practice of midwifery;
8. Willfully
making and filing false reports or records in the practice of
midwifery;
9. Willful omission to
file or record, or willfully impeding or obstructing a filing or recording, or
inducing another person to omit to file or record medical or other reports as
required by law;
10. Solicitation
of professional patronage by agents or persons or profiting from acts of those
representing themselves to be agents of the midwife;
11. Division of fees or agreeing to split or
divide the fees received for professional services for any person for bringing
to or referring a patient;
12.
Willful misrepresentation in treatments;
13. Practicing midwifery with an unlicensed
midwife or aiding or abetting such unlicensed persons in the practice of
midwifery;
14. Gross and willful
overcharging for services; including filing of false statements for collection
of fees for which services are not rendered or willfully making or assisting in
making a false claim or deceptive claim or misrepresenting a material fact for
use in determining rights to health care or other benefits;
15. Professional or mental
incompetency;
16. Incompetent,
negligent or other willful misconduct in the practice of midwifery, which shall
include the rendering of medically unnecessary services and/or any departure
from or the failure to conform to the minimal standards of acceptable and
prevailing midwifery practice. The Director need not establish actual injury to
the patient in order to adjudge a midwife guilty of the named
conduct;
17. Surrender, revocation,
suspension, limitation of privilege based on quality of care provided or any
other disciplinary action against a license or authorization to practice
midwifery in another state or jurisdiction, or surrender, revocation,
suspension or any other disciplinary action relating to a membership on any
medical staff or in any medical or professional association or society while
under disciplinary investigation by and of those authorities or bodies for acts
or conduct similar to acts or conduct which would constitute grounds for action
as set forth in R.I. Gen. Laws Chapter 21-28 and this Part;
18. Failure to furnish the Director, his/her
investigator or representatives, information legally requested;
19. Violation of any provision(s) of R.I.
Gen. Laws Chapter 23-13 or any rules or regulations promulgated by the Director
or of an action, stipulation or agreement of the Director;
20. Cheating on or attempting to subvert the
licensing examination;
21.
Violating any state or federal law or regulation relating to controlled
substances;
22.
Malpractice.
B. If
national certification is withdrawn for reason during licensure, current
license would be automatically placed in license hold status after notice to
the licensee and not renewed until national certification is reinstated.
1. Complaints charging a person with
violation of any rule in this Part or state law, shall be maintained on file by
the Department and shall be considered in rendering determination to deny or
revoke the license of a midwife.
C. Upon receipt of a complaint charging a
person with violations of the provisions of the Act and this Part, an
investigation of the charges shall be initiated by the Department or the
Director, thence referred to the Council for recommendation to the Director for
appropriate action.
D. Whenever an
action shall be proposed to deny or revoke the license, the Department shall
notify the person by certified mail setting forth the reasons for the proposed
action and the applicant or licensee shall be given an opportunity for a prompt
and fair hearing in accordance with the provisions of R.I. Gen. Laws Chapter
42-35 and the rules and regulations pertaining to Practices and Procedures
Before the Rhode Island Department of Health (Part 10-05-4 of this
Title).
E. Furthermore, when it
appears to the Director after due process that a person is violating any
provisions of the Act or any of this Part, the Director may initiate an action
in accordance with the provisions of such statute.
