Okla. Admin. Code § 310:395-9-4

Current through Vol. 41, No. 19, June 17, 2024

Section 310:395-9-4 - Filing of an action

(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.

Okla. Admin. Code § 310:395-9-4

Adopted by Oklahoma Register, Volume 38, Issue 06, December 1, 2020, eff. 11/2/2020

Adopted by Oklahoma Register, Volume 38, Issue 12, March 1, 2021, eff. 2/2/2021

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021