S.D. Admin. R. 20:86:02:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:86:02:10 - Actions which may warrant sanctions

The board may impose sanctions based upon any of the following:

(1) Engaging in conduct outside the scope of certified professional midwifery practice including any conduct or practice contrary to recognized standard of ethics of the certified professional midwifery profession or any conduct or practice that may constitute a danger to the health or safety of a patient or the public or any conduct, practice, or condition that may impair a certified professional midwife's ability to safely and skillfully practice professional midwifery;

(2) Failure to maintain current knowledge of statutes, rules, and regulations regarding the practice of professional midwifery;

(3) Failure to cooperate with and respond in writing within 15 days after personal receipt of any board inquiry or investigation;

(4) Failure to maintain proper patient records on each patient. Patient records must be clear and legible and include:

(a) A description of the patient's complaint;

(b) A history;

(c) A record of diagnostic and therapeutic procedures; and

(d) A record of daily documentation which must include subjective data, objective data, an assessment, and a plan for the patient's care;

(5) Failure to properly train and supervise staff engaged in patient care;

(6) Conviction of a felony or misdemeanor involving moral turpitude. A copy of the record of conviction certified to by the clerk of the court entering the conviction is conclusive evidence of the conviction;

(7) Fraud, misrepresentation, or deception include the following:

(a) Practicing or attempting to practice professional midwifery under a false or assumed name;

(b) Fraud or deceit in obtaining a license to practice professional midwifery;

(c) Making false or misleading statements or withholding relevant information regarding the qualifications of any person in order to attempt to obtain a license or engage in the practice of professional midwifery;

(d) Failing to report past, present, or pending disciplinary action by another licensing board or current status of final administrative disposition of a matter. A licensee is required to report any compromise or settlement of disciplinary action, whether voluntary or involuntary, that results in encumbrance of licensure;

(e) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so; or

(f) Submitting to any insurer or third-party payor a claim for a service or treatment that was not actually provided to a patient;

(8) Habitual intemperance in the use of intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties;

(9) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party;

(10) Improperly interfering with an investigation or inspection authorized by statute or under the provisions of Article 20:86 or with any disciplinary proceeding;

(11) Repeated violations of this chapter; or

(12) Receiving three or more negative peer reviews within any twelve-month period.

S.D. Admin. R. 20:86:02:10

48 SDR 060, effective 12/5/2021

General Authority: SDCL 36-9C-32(1),(2).

Law Implemented: SDCL 36-9C-5, 36-9C-22, 36-9C-23, 36-9C-27.