Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 180-189 - Midwives › Chapter SPS 183 - Grounds For Discipline › Section SPS 183.01 - Disciplinary proceedings and actions

Current through June 24, 2024
(1) Subject to the
				  rules promulgated under s.
				  440.03(1),
				  Stats., the department may reprimand a licensed midwife or deny, limit,
				  suspend, or revoke a license or temporary permit granted under subch. XIII of
				  ch. 440, Stats., if the department finds that the applicant, temporary permit
				  holder, or licensed midwife has engaged in misconduct. Misconduct comprises any
				  practice or behavior that violates the minimum standards of the profession
				  necessary for the protection of the health, safety, or welfare of a client or
				  the public. Misconduct includes the following:
(a) Submitting fraudulent, deceptive or
				  misleading information in conjunction with an application for a
				  credential.
(b) Violating, or
				  aiding and abetting a violation, of any law or rule substantially related to
				  practice as a midwife. A certified copy of a judgment of conviction is prima
				  facie evidence of a violation.
Note:
Pursuant to s.
					 SPS
					 4.09, all credential holders licensed by the
					 department need to report a criminal conviction within 48 hours after entry of
					 a judgment against them. The department form for reporting convictions is
					 available on the department's website at
http://dsps.wi.gov
.
(c) Having a license, certificate, permit,
				  registration, or other practice credential granted by another state or by any
				  agency of the federal government to practice as a midwife, which the granting
				  jurisdiction limits, restricts, suspends, or revokes, or having been subject to
				  other adverse action by a licensing authority, any state agency or an agency of
				  the federal government including the denial or limitation of an original
				  credential, or the surrender of a credential, whether or not accompanied by
				  findings of negligence or unprofessional conduct. A certified copy of a state
				  or federal final agency decision is prima facie evidence of a violation of this
				  provision.
(d) Failing to notify
				  the department that a license, certificate, or registration for the practice of
				  any profession issued to the midwife has been revoked, suspended, limited or
				  denied, or subject to any other disciplinary action by the authorities of any
				  jurisdiction.
(e) Violating or
				  attempting to violate any term, provision, or condition of any order of the
				  department.
(f) Performing or
				  offering to perform services for which the midwife is not qualified by
				  education, training or experience.
(g) Practicing or attempting to practice
				  while the midwife is impaired as a result of any condition that impairs the
				  midwife's ability to appropriately carry out professional functions in a manner
				  consistent with the safety of clients or the public.
(h) Using alcohol or any drug to an extent
				  that such use impairs the ability of the midwife to safely or reliably
				  practice, or practicing or attempting to practice while the midwife is impaired
				  due to the utilization of alcohol or other drugs.
(i) Engaging in false, fraudulent,
				  misleading, or deceptive behavior associated with the practice as a midwife
				  including advertising, billing practices, or reporting, falsifying, or
				  inappropriately altering patient records.
(j) Discriminating in practice on the basis
				  of age, race, color, sex, religion, creed, national origin, ancestry,
				  disability or sexual orientation.
(k) Revealing to other personnel not engaged
				  in the care of a client or to members of the public information which concerns
				  a client's condition unless release of the information is authorized by the
				  client or required or authorized by law. This provision shall not be construed
				  to prevent a credential holder from cooperating with the department in the
				  investigation of complaints.
(l)
				  Abusing a client by any single or repeated act of force, violence, harassment,
				  deprivation, neglect, or mental pressure which reasonably could cause physical
				  pain or injury, or mental anguish or fear.
(m) Engaging in inappropriate sexual contact,
				  exposure, gratification, or other sexual behavior with or in the presence of a
				  client. For the purposes of this paragraph, an adult shall continue to be a
				  client for 2 years after the termination of professional services. If the
				  person receiving services is a minor, the person shall continue to be a client
				  for the purposes of this paragraph for 2 years after termination of services,
				  or for one year after the client reaches age 18, whichever is later.
(n) Obtaining or attempting to obtain
				  anything of value from a client without the client's consent.
(o) Obtaining or attempting to obtain any
				  compensation by fraud, misrepresentation, deceit or undue influence in the
				  course of practice.
(p) Offering,
				  giving or receiving commissions, rebates or any other forms of remuneration for
				  a client referral.
(q) Failing to
				  provide the client or client's authorized representative a description of what
				  may be expected in the way of tests, consultation, reports, fees, billing,
				  therapeutic regimen, or schedule, or failing to inform a client of financial
				  interests which might accrue to the midwife for referral to or for any use of
				  service, product, or publication.
(r) Failing to maintain adequate records
				  relating to services provided a client in the course of a professional
				  relationship.
(s) Engaging in a
				  single act of gross negligence or in a pattern of negligence as a midwife, or
				  in other conduct that evidences an inability to apply the principles or skills
				  of midwifery.
(t) Failing to
				  respond honestly and in a timely manner to a request for information from the
				  department. Taking longer than 30 days to respond creates a rebuttable
				  presumption that the response is not timely.
(u) Failing to report to the department or to
				  institutional supervisory personnel any violation of the rules of this chapter
				  by a midwife.
(v) Allowing another
				  person to use a license granted under subch. XIII of ch. 440, Stats.
(w) Failing to provide direct supervision
				  over a temporary permit holder while the permit holder is engaging in the
				  practice of midwifery.