1. (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.
2. (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.

3. (c) Examples of items that would qualify for disciplinary action include but are not limited to:

   1. (1) Practicing outside the scope of practice and protocols listed in these rules;
   2. (2) Make on a birth certificate a false or misleading statement;
   3. (3) Failure to submit records in connection with an investigation;
   4. (4) Revocation of certification by NARM or AMCB;
   5. (5) Incompetence as determined by standards of care for Midwifery providers;
   6. (6) Obtaining any fee by fraud or misrepresentation;
   7. (7) Practicing while knowingly suffering from a contagious or infectious disease that may be transmitted through the practice of Midwifery;
   8. (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. (9) Conviction of a felony;
   10. (10) Failure to comply with an order from the Department;
   11. (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. (12) Leaving a Client after active first stage of labor begins without arranging an adequate backup health care provider;
   13. (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. (14) Consistently failing to accurately document a Client's condition, responses, progress, or other information obtained during care;
   15. (15) Inability to practice Midwifery with reasonable skill and safety because of illness, disability, or psychological impairment;
   16. (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. (17) Failure to obtain required signed informed consent form;
   18. (18) Providing services to a Client who is required by this Chapter to be transferred to a physician.

Added at 38 Ok Reg 2005, eff 9-11-21