58-44a-502. Unprofessional conduct.
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Effective 5/3/2023
58-44a-502. Unprofessional conduct.
"Unprofessional conduct" includes:
(1)disregard for a patient's dignity or right to privacy as to the patient's person, condition, possessions, or medical record;
(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)failure to confine one's practice as a certified nurse midwife to those acts or practices permitted by law;
(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)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)failure to pay a penalty imposed by the division;
(7)prescribing a schedule II-III controlled substance without a consulting physician;
(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;
(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
(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)falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(b)conduct described in Subsections
(1)through
(9)or Subsection 58-1-501(1) .
Amended by Chapter 301 , 2023 General Session