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withdrawn.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
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.
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