(1) The commission by a certified nurse
midwife of any act, offense, or condition set forth in Code of Ala.
and Board of Nursing Administrative Code Rule (old: 610-X-8) and/or the
commission by the collaborating physician of any act, offense or condition set
forth in Code of Ala. 1975, §
shall be grounds, within the discretion of the respective board, to deny an
application for the certified nurse midwife or collaborating
If under examination
of the application for approval and after consideration of any information
acquired by the Board of Nursing and/or the Board of Medical Examiners pursuant
to an investigation into the qualifications of the physician or of the
certified nurse midwife, either board determines there is probable cause to
believe there exists one or more grounds upon which the application may be
denied, then the respective board shall:
Notify the physician and/or the certified nurse midwife of the grounds for
possible denial of approval and the procedure for obtaining a hearing before
the respective board. The failure to request a hearing within the time
specified in the notice shall be deemed a waiver of such hearing.
(b) All hearings under this rule shall be
conducted in accordance with the Code of Ala. 1975,
Alabama Administrative Procedures Act, §
(3) A nurse
midwife who is decertified by the American College of Nurse Midwives or the
American College of Nurse Midwives Certification Council shall immediately
notify the Board of Nursing of that fact and shall not practice or use the
title of certified nurse midwife during the time of de-certification until
approved by the Board of Nursing.
(4) A certified nurse midwife who fails to
comply with continuing education requirements of the American College of Nurse
Midwives will not be eligible for continued approval for advanced practice at
the time of biennial renewal of the registered nurse license and advanced
When for any
reason the collaborative practice agreement with the physician designated in
the application for approval is terminated, then approval of such certified
nurse midwife and collaborating physician designated in the application is
automatically withdrawn. The certified nurse midwife and the physician shall
each inform their respective board in writing of the effective date of the
termination of the collaborative practice agreement and the reasons for such
termination. Failure to notify the respective board of termination may be
considered a violation of these rules and regulations for the purpose of
approval of future applications.
Author: Patricia E. Shaner, Attorney for the Board
of Medical Examiners
Ala. Admin. Code r.
New Rule: Filed June 20,
1996; effective July 26, 1996. Amended: Filed August 25, 2003; effective
September 29, 2003.
Was previously Rule
renumbered as per certification filed August 25, 2003; effective September 29,
2003. Was previously Rule
renumbered as per certification filed April 23, 2004; effective May 28,
Code of Ala.