The Department of Health may refuse to issue, suspend, or revoke a license for violation of the Licensed Lay Midwife Act, Arkansas Code § 17-85-101 et seq., or any provision of this part, including, but not limited to, any of the following reasons:

1. (1) Securing a license or permit through:

   1. (A) Deceit;
   2. (B) Fraud; or
   3. (C) Intentional misrepresentation;

2. (2) Submitting false or misleading information to the:

   1. (A) Department;
   2. (B) State Board of Health; or
   3. (C) MAB;
3. (3) Practicing midwifery on expired credentials;
4. (4) Knowingly making or filing a false report or record, intentionally or negligently failing to file a report or record required by this part, or willfully impeding or obstructing such filing;
5. (5) Failure to submit requested midwifery records in connection with an investigation;
6. (6) Engaging in unprofessional conduct or dereliction of any duty imposed by law, which includes, but is not limited to, any departure from, or failure to conform to, the standards of the practice of midwifery as established by this part;
7. (7) Revocation of CPM certification by NARM;
8. (8) Permitting another person to use the licensee’s license or permit;
9. (9) Knowingly or negligently employing, supervising, or permitting (directly or indirectly) any person to perform any work not allowed by this part;
10. (10) Obtaining any fee by fraud or misrepresentation;
11. (11) Knowingly or negligently allowing an LLM apprentice to practice midwifery without a supervising preceptor present, except in an emergency;
12. (12) Using, causing, or promoting the use of any advertising material, promotional literature, or any other representation, however disseminated or published, which is misleading or untruthful;
13. (13) Representing that the service or device of a person licensed to practice medicine will be used or made available when that is not true, or using the words "doctor", “registered nurse”, “Certified Nurse Midwife”, or similar words, abbreviations, acronyms, or symbols including MD (Medical Doctor), DO (Doctor of Osteopathic Medicine), RN (Registered Nurse), CNM, CM, APRN (Advanced Practice Registered Nurse), RNP (Registered Nurse Practitioner), EMT (Emergency Medical Technician) or paramedic, falsely implying involvement by such a medical professional;
14. (14) Use of the designation “birth center” or “birthing center” in reference to the LLM’s home or office, or charging facility fees for delivery in a “birth center” or “birthing center”, unless that center is licensed as such in compliance with the requirements set forth by the Rules for Free-Standing Birthing Centers, 20 CAR pt. 44;
15. (15) Violation of the Arkansas Legend Drugs and Controlled Substances Law, Arkansas Code § 20-64-501 et seq., or the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.;

16. (16) Displaying the inability to practice midwifery with reasonable skill and safety because of:

    1. (A) Illness;
    2. (B) Disability; or
    3. (C) Psychological impairment;
17. (17) Practicing while knowingly suffering from a contagious or infectious disease that may be transmitted through the practice of midwifery;
18. (18) Practicing midwifery while under the influence of any intoxicant or illegal drug;
19. (19) Judgment by a court of competent jurisdiction that the individual is mentally impaired;
20. (20) Disciplinary action taken by another jurisdiction affecting the applicant’s legal authority to practice midwifery in that jurisdiction;

21. (21) Disciplinary action taken by another licensing or credentialing body due to:

    1. (A) Negligence;
    2. (B) Willful disregard for patient safety; or
    3. (C) Other inability to provide safe patient care;
22. (22) Gross negligence;
23. (23) Conviction of a felony;
24. (24) Failure to comply with an order issued by the State Board of Health or a court of competent jurisdiction; and
25. (25) Practicing outside the scope of practice and protocols as outlined in this part.

Codification Notes: "CM" means certified midwife. "CNM" means certified nurse midwife. "CPM" means certified professional midwife. "LLM" means licensed lay midwife. "MAB" means midwifery advisory board. "NARM" means North American Registry of Midwives.