(1) Subject to the
rules promulgated under s.
440.03(1),
Stats., the department may reprimand a licensed midwife or deny, limit,
suspend, or revoke a license or temporary permit granted under subch. XIII of
ch. 440, Stats., if the department finds that the applicant, temporary permit
holder, or licensed midwife has engaged in misconduct. Misconduct comprises any
practice or behavior that violates the minimum standards of the profession
necessary for the protection of the health, safety, or welfare of a client or
the public. Misconduct includes the following:
(a) Submitting fraudulent, deceptive or
misleading information in conjunction with an application for a
credential.
(b) Violating, or
aiding and abetting a violation, of any law or rule substantially related to
practice as a midwife. A certified copy of a judgment of conviction is prima
facie evidence of a violation.
Note: Pursuant to s.
SPS
4.09, all credential holders licensed by the
department need to report a criminal conviction within 48 hours after entry of
a judgment against them. The department form for reporting convictions is
available on the department's website at http://dsps.wi.gov.
(c) Having a license, certificate, permit,
registration, or other practice credential granted by another state or by any
agency of the federal government to practice as a midwife, which the granting
jurisdiction limits, restricts, suspends, or revokes, or having been subject to
other adverse action by a licensing authority, any state agency or an agency of
the federal government including the denial or limitation of an original
credential, or the surrender of a credential, whether or not accompanied by
findings of negligence or unprofessional conduct. A certified copy of a state
or federal final agency decision is prima facie evidence of a violation of this
provision.
(d) Failing to notify
the department that a license, certificate, or registration for the practice of
any profession issued to the midwife has been revoked, suspended, limited or
denied, or subject to any other disciplinary action by the authorities of any
jurisdiction.
(e) Violating or
attempting to violate any term, provision, or condition of any order of the
department.
(f) Performing or
offering to perform services for which the midwife is not qualified by
education, training or experience.
(g) Practicing or attempting to practice
while the midwife is impaired as a result of any condition that impairs the
midwife's ability to appropriately carry out professional functions in a manner
consistent with the safety of clients or the public.
(h) Using alcohol or any drug to an extent
that such use impairs the ability of the midwife to safely or reliably
practice, or practicing or attempting to practice while the midwife is impaired
due to the utilization of alcohol or other drugs.
(i) Engaging in false, fraudulent,
misleading, or deceptive behavior associated with the practice as a midwife
including advertising, billing practices, or reporting, falsifying, or
inappropriately altering patient records.
(j) Discriminating in practice on the basis
of age, race, color, sex, religion, creed, national origin, ancestry,
disability or sexual orientation.
(k) Revealing to other personnel not engaged
in the care of a client or to members of the public information which concerns
a client's condition unless release of the information is authorized by the
client or required or authorized by law. This provision shall not be construed
to prevent a credential holder from cooperating with the department in the
investigation of complaints.
(l)
Abusing a client by any single or repeated act of force, violence, harassment,
deprivation, neglect, or mental pressure which reasonably could cause physical
pain or injury, or mental anguish or fear.
(m) Engaging in inappropriate sexual contact,
exposure, gratification, or other sexual behavior with or in the presence of a
client. For the purposes of this paragraph, an adult shall continue to be a
client for 2 years after the termination of professional services. If the
person receiving services is a minor, the person shall continue to be a client
for the purposes of this paragraph for 2 years after termination of services,
or for one year after the client reaches age 18, whichever is later.
(n) Obtaining or attempting to obtain
anything of value from a client without the client's consent.
(o) Obtaining or attempting to obtain any
compensation by fraud, misrepresentation, deceit or undue influence in the
course of practice.
(p) Offering,
giving or receiving commissions, rebates or any other forms of remuneration for
a client referral.
(q) Failing to
provide the client or client's authorized representative a description of what
may be expected in the way of tests, consultation, reports, fees, billing,
therapeutic regimen, or schedule, or failing to inform a client of financial
interests which might accrue to the midwife for referral to or for any use of
service, product, or publication.
(r) Failing to maintain adequate records
relating to services provided a client in the course of a professional
relationship.
(s) Engaging in a
single act of gross negligence or in a pattern of negligence as a midwife, or
in other conduct that evidences an inability to apply the principles or skills
of midwifery.
(t) Failing to
respond honestly and in a timely manner to a request for information from the
department. Taking longer than 30 days to respond creates a rebuttable
presumption that the response is not timely.
(u) Failing to report to the department or to
institutional supervisory personnel any violation of the rules of this chapter
by a midwife.
(v) Allowing another
person to use a license granted under subch. XIII of ch. 440, Stats.
(w) Failing to provide direct supervision
over a temporary permit holder while the permit holder is engaging in the
practice of midwifery.
