"Unprofessional conduct" includes:

1. (1) disregard for a patient's dignity or right to privacy as to the patient's person, condition, possessions, or medical record;
2. (2) engaging in an act, practice, or omission which when considered with the duties and responsibilities of a certified nurse midwife does or could jeopardize the health, safety, or welfare of a patient or the public;
3. (3) failure to confine one's practice as a certified nurse midwife to those acts or practices permitted by law;
4. (4) failure to file or record any medical report as required by law, impeding or obstructing the filing or recording of such a report, or inducing another to fail to file or record such a report;
5. (5) breach of a statutory, common law, regulatory, or ethical requirement of confidentiality with respect to a person who is a patient, unless ordered by the court;
6. (6) failure to pay a penalty imposed by the division;
7. (7) prescribing a schedule II-III controlled substance without a consulting physician;
8. (8) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;

9. (9)

   1. (a) failure to have and maintain a safe mechanism for obtaining medical consultation, collaboration, and referral with a consulting physician, including failure to identify one or more consulting physicians in the written documents required by Subsection 58-44a-102(9)(b)(iii); or
   2. (b) representing that the certified nurse midwife is in compliance with Subsection (9)(a) when the certified nurse midwife is not in compliance with Subsection (9)(a); or

10. (10) falsely making an entry in, or altering, a medical record with the intent to conceal:

    1. (a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
    2. (b) conduct described in Subsections (1) through (9) or Subsection 58-1-501(1).

Amended by Chapter 301, 2023 General Session