Ala. Admin. Code r. 540-X-8-.27 - Grounds For Denial/Withdrawal Of Approval Of The Certified Nurse Midwife And Collaborating Physician

(1) The commission by a certified nurse midwife of any act, offense, or condition set forth in Code of Ala. 1975 , § 34-21-25 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 , § 34-24-57 and/or § 34-24-360 shall be grounds, within the discretion of the respective board, to deny an application for the certified nurse midwife or collaborating physician.

(2) 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:

(a) 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, § 41-22-1, et. seq.

(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 practice approval.

(5) 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approval of such certified nurse midwife and collaborating physician designated in the application is automatically withdrawn.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

Notes

Ala. Admin. Code r. 540-X-8-.27

New Rule: Filed June 20, 1996; effective July 26, 1996. Amended: Filed August 25, 2003; effective September 29, 2003.

Was previously Rule 540-X-8-.17, renumbered as per certification filed August 25, 2003; effective September 29, 2003. Was previously Rule 540-X-8-.25, renumbered as per certification filed April 23, 2004; effective May 28, 2004.

Statutory Authority: Code of Ala. 1975 , §§ 34-21-25, 34-21-88, 34-24-53.