New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 11 - MIDWIVES › Part 3 - LICENSED MIDWIVES › Section 16.11.3.11 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grounds for
				action:
(1) Incompetence. Charges of
				incompetence may be based upon a single act of incompetence or upon a course of
				conduct or series of acts or omissions which extend over a period of time and
				which, taken as a whole, demonstrate incompetence. It shall not be necessary to
				show that actual harm resulted from the act or omission or series of acts or
				omissions so long as the conduct is of such a character that harm could have
				resulted to the client or to the public from the act or omission or series of
				acts or omissions.
(2)
				Unprofessional conduct. For purposes of these regulations "unprofessional
				conduct" includes, but is not limited to, the following:
(a) dissemination of a client's health
				information or treatment plan acquired during the course of employment to
				individuals not entitled to such information and where such information is
				protected by law or hospital/agency policy from disclosure;
(b) falsifying or altering client records or
				personnel records for the purpose of reflecting incorrect or incomplete
				information;
(c) misappropriation
				of money, drugs or property;
(d)
				obtaining or attempting to obtain any fee for client services for one's self or
				for another through fraud, misrepresentation, or deceit;
(e) aiding, abetting, assisting or hiring an
				individual to violate any duly promulgated regulation of the departments
				midwife licensing authority;
(f)
				obtaining, possessing, administering or furnishing prescription drugs not on
				the department formulary listed in the "department of health practice
				guidelines for New Mexico licensed midwives" to any person, including but not
				limited to one's self;
(g) failure
				to make or keep accurate, intelligible entries in records as required by law,
				policy and standards for the practice of midwifery;
(h) obtaining or attempting to obtain a
				license to practice midwifery through fraud, deceit, misrepresentation or any
				other act of dishonesty in any phase of the licensure by examination or
				endorsement process, or relicensure process;
(i) practicing midwifery in New Mexico
				without a valid, current New Mexico license, permit, or modified permit or
				aiding, abetting or assisting another to practice midwifery without a valid,
				current New Mexico license;
(j)
				intentionally engaging in sexual contact with or toward a client in a manner
				that is commonly recognized as outside the scope of the individual midwife's
				practice;
(k) failure to care for a
				non-adherent client(s) as required in the "department of health practice
				guidelines for New Mexico licensed midwives" when the failure to care results
				or may result in potential or actual harm or danger to the client(s);
(l) engaging in the practice of midwifery
				when judgment or physical ability is impaired by alcohol or drugs or controlled
				substances;
(m) practice which is
				beyond the scope of LM licensure;
(n) delegation of medication administration,
				assessment, evaluation and judgment to non-licensed persons, or non-permitted
				apprentices/student midwives;
(o)
				verbally or physically abusing a client;
(p) failure to meet the documentation
				requirements of the bureau of vital records and health statistics
				regulations;
(q) violation of the
				department's regulations governing the practice of licensed
				midwifery;
(r) failure to provide
				the division in a timely manner with requested information.
(3) Failure to comply with the New
				Mexico Parental Responsibility Act, Section
				40-5A-1
				through
				40-5A-13, NMSA
				1978.
(4) Dereliction of any duty
				imposed by law.
(5) Conviction of a
				felony pursuant to Paragraph (1) of Subsection A of 28-2-4 NMSA 1978.
(6) Conviction, or entered into an agreed
				disposition, of a misdemeanor offense related to the practice of midwifery as
				determined on a case-by-case basis.
(7) Failure to report in writing to the
				division any complaint or claim made against the LM's practice as a registered,
				certified, or licensed health care provider in any jurisdiction. Such
				notification shall include the credentialing jurisdiction and the location,
				time, and content of the complaint or claim. It shall be made within 20
				business days of the LM becoming aware of the complaint or claim.
(8) Conduct resulting in the suspension or
				revocation of a registration, license, or certification to perform as a health
				care provider.
(9) Failure to
				report a LM who appears to have violated the rule for the practice of licensed
				midwifery. Anyone reporting an alleged violation of this rule shall be immune
				from liability under this rule unless the person acted in bad faith or with
				malicious purpose.
(10) Violation
				of any of the provisions of this rule.