New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 11 - MIDWIVES › Part 2 - CERTIFIED NURSE - MIDWIVES › Section 16.11.2.12 - LICENSE DENIAL, SUSPENSION, OR REVOCATION; DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The department may deny, revoke, or suspend any license held
				  or applied for or reprimand or place a license on probation on the grounds of
				  incompetence, unprofessional conduct, or other grounds listed in this section,
				  pursuant to Subsection V of Section 24-1-3, NMSA 1978.
A.
Grounds for action:
(1) Incompetence: A CNM who fails to possess
				and apply the knowledge, skill, or care that is ordinarily possessed and
				exercised by CNMs or as defined by the ACNM "core competencies for basic
				midwifery practice" is considered incompetent. 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. Conduct of such a character that could result
				in harm to the client or to the public from the act or omission or series of
				acts or omissions constitutes incompetence, whether or not actual harm
				resulted.
(2) Unprofessional
				conduct: For purposes of this rule "unprofessional conduct" includes, but is
				not limited to, the following:
(a) verbally or
				physically abusing a client;
(b)
				engaging in sexual contact with or toward a client;
(c) abandonment of a client;
(d) engaging in the practice of midwifery
				when judgment or physical ability is impaired by alcohol or drugs or controlled
				substances;
(e) practice that is
				beyond the scope of CNM licensure;
(f) dissemination of a client's health
				information or treatment plan to individuals not entitled to such information
				and where such information is protected by law from disclosure;
(g) falsifying or altering client records or
				personnel records for the purpose of reflecting incorrect or incomplete
				information;
(h) obtaining or
				attempting to obtain any fee for client services for one's self or for another
				through fraud, misrepresentation, or deceit;
(i) aiding, abetting, assisting, or hiring an
				individual to violate any rule of the department;
(j) failure to follow established procedure
				regarding controlled substances;
(k) failure to make or to keep accurate,
				intelligible entries in records as required by the ACNM "standards for the
				practice of midwifery";
(l)
				obtaining or attempting to obtain a license to practice certified
				nurse-midwifery for one's self or for another through fraud, deceit,
				misrepresentation, or any other act of dishonesty in any phase of the licensure
				or relicense process;
(m)
				practicing midwifery in New Mexico without a valid New Mexico license or permit
				or aiding, abetting or assisting another to practice midwifery without a valid
				New Mexico license;
(n) delegation
				of midwifery assessment, evaluation, judgment, or medication administration to
				a non-licensed person; or
(o)
				failure to provide information requested by the department pursuant to this
				rule within 20 business days of receiving the request.
(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 Section 28-2-4
				NMSA.
(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 CNM's practice as a
				registered, certified, or licensed health care provider in any jurisdiction,
				including as a registered nurse. 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 CNM 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 CNM who appears to
				have violated the rule for the practice of certified nurse-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) Failure to report to
				the department a change in contact information within 30 days of the change as
				set forth in Subsection G of
				16.11.2.9 NMAC.
(11) Non-compliance for requirements of CEs
				as determined by audit as set forth in Paragraph (2) of Subsection B of
				16.11.2.10 NMAC.
(12) Violation of any of the provisions of
				this rule.