1. (a) In determining which sanction or combination of sanctions to impose, the council shall:

   1. (1) First determine the nature of the act or omission constituting the misconduct done by the certificate holder;
   2. (2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and
   3. (3) Finally, apply the standards in (c) below.

2. (b) The characteristics shall be:

   1. (1) The misconduct actually caused physical or mental harm to the mother or the newborn;
   2. (2) The misconduct had the potential to cause physical or mental harm to the mother or the newborn;

   3. (3) The misconduct repeated earlier misconduct done by the certificate holder, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on the same misconduct by the certificate holder; or
      3. c. An admission by the certificate holder;

   4. (4) The misconduct was not the first misconduct by the certificate holder, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on misconduct by the certificate holder; or
      3. c. An admission by the certificate holder; and
   5. (5) The misconduct was intentional rather than the result of negligence or inadvertence.

3. (c) The council shall select appropriate sanction(s):

   1. (1) From the list in Mid 404.03; and

   2. (2) By choosing, in light of the characteristics determined pursuant to (b) above, the sanction most likely to:

      1. a. Protect public health and safety;
      2. b. Prevent future misconduct by the certificate holder;
      3. c. Take into account any acknowledgement of fault by the certificate holder and any cooperation by the certificate holder with the council's investigation of misconduct;
      4. d. Correct any attitudinal, educational, or other deficiencies which led to the misconduct of the certificate holder;
      5. e. Encourage the responsible practice of midwifery; and
      6. f. Demonstrate to the certificate holder and the public the council's intention to insure that those certified by the council practice in accordance with applicable law and the public welfare.
4. (d) When imposing an administrative fine pursuant to Mid 404.03(a)(4), the council shall determine the amount of the fine by applying the standards in (c)(2) above.

Source. #9090, eff 2-20-08, EXPIRED: 2-20-16 New. #11095, INTERIM, eff 5-12-16, EXPIRED: 11-8-16 New. #12040, eff 11-10-16