Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 05 - Professional Licensing › Part 23 - Midwives (216-RICR-40-05-23) › Section 216-RICR-40-05-23.12 - Discipline of Licensees

Current through June 14, 2024
A. 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;
22.
				  Malpractice.