§ 457J-12 Grounds for refusal to grant, renew, reinstate, or restore licenses and for revocation, suspension, denial, or condition of licenses.
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§ 457J-12 Grounds for refusal to grant, renew, reinstate, or restore licenses and for revocation, suspension, denial, or condition of licenses. In addition to any other acts or conditions provided by law, the director may refuse to grant, renew, reinstate, or restore, or may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant thereof:
(1)Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;
(2)Failing to notify the department in writing that the licensee's certification as a certified professional midwife or as a certified midwife is no longer current or unencumbered within thirty days of the change in status;
(3)Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;
(4)Being addicted to, dependent on, or a habitual user of illicit substances, or abusing controlled substances, or both;
(5)Practicing as a midwife while impaired by, at minimum, alcohol, drugs, non-accommodated physical disability, or mental instability;
(6)Procuring a license through fraud, misrepresentation, or deceit;
(7)Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license, notwithstanding the delegation of administrative and technical clinical tasks of midwifery practice;
(8)Engaging in professional misconduct as defined by the program in accordance with its own rules, incompetence, gross negligence, or manifest incapacity in the practice of midwifery;
(9)Failing to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity;
(10)Engaging in conduct or practice contrary to recognized standards of ethics for the practice of midwifery;
(11)Violating any condition or limitation upon which a conditional license was issued;
(12)Engaging in business under a past or present license issued pursuant to this chapter, in a manner causing injury to one or more members of the public;
(13)Failing to comply, observe, or adhere to any law in a manner such that the director deems the applicant or licensee to be an unfit or improper person to hold a license;
(14)Having a revocation, suspension, or other disciplinary action by a territory, or by another state or federal agency against a licensee or applicant for any reason provided by the licensing laws or this section;
(15)Having a criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of a midwife;
(16)Failing to report in writing to the director any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;
(17)Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under this chapter where licensure is required;
(18)Violating this chapter, any other applicable licensing laws, or any rule or order of the director;
(19)Using or removing without authorization controlled substances or drugs, including diverting or attempting to divert drugs or controlled substances for unauthorized use;
(20)Failing to maintain current and valid certification in adult and pediatric cardiopulmonary resuscitation of by the American Heart Association, Red Cross, or American Safety and Health Institute Basic Life Support that includes a hands-on skill component; or
(21)Failing to maintain current and valid certification in a neonatal resuscitation program of the American Academy of Pediatrics that includes a hands-on skills component. [L 2019, c 32, pt of §2; am L 2025, c 28, §12]