Section 216-RICR-40-05-23.12 - Discipline of LicenseesA. 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;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.216 R.I. Code R. § 216-RICR-40-05-23.12