Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 395 - Licensed Midwives › Subchapter 9 - Enforcement › Section 310:395-9-4 - Filing of an action

Current through Vol. 41, No. 20, July 1, 2024
(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.