Iowa Code r. 655-16.6 - Discipline
A licensee may be disciplined for failure to comply with Iowa Code chapter 148I or this chapter or for any wrongful act or omission related to the licensee's practice, licensure, or professional conduct, including but not limited to the following:
(1) In
accordance with Iowa Code section
147.55(1),
behavior that constitutes fraud in procuring a license that may include but
need not be limited to the following:
a.
Falsification of the application, certification, or records submitted to the
board for licensure or license renewal as a CPM.
b. Fraud, misrepresentation, or deceit in
taking the licensing examination or in obtaining a license as a
CPM.
(2) In accordance
with Iowa Code section
147.55(2),
professional incompetency that may include but need not be limited to the
following:
a. Lack of knowledge, skill, or
ability to discharge professional obligations within the scope of the practice
of midwifery.
b. Deviation by the
licensee from the standards of learning, education, or skill ordinarily
possessed and applied by other CPMs in the state of Iowa acting in the same or
similar circumstances.
c. Willful
or repeated departure from or failure to form to the minimum standards of
acceptable and prevailing practice of midwifery in the state of Iowa.
(3) In accordance with Iowa Code
section 147.55(3),
behavior (i.e., acts, knowledge, and practices) that constitutes unethical
conduct or practice harmful or detrimental to the public that may include but
need not be limited to the following:
a.
Engaging in practice contradictory to NACPM standards of practice.
b. Performing services beyond the authorized
scope of practice for which the individual is licensed or prepared.
c. Allowing another person to use one's
license for any purpose.
d. Failing
to comply with any rule promulgated by the board related to minimum standards
of care.
e. Improper delegation of
services, functions or responsibilities.
f. Committing an act or omission that may
adversely affect the physical or psychosocial welfare of the client.
g. Committing an act that causes physical,
emotional, or financial injury to the client.
h. Violating the confidentiality or privacy
rights of the client.
i.
Discriminating against a client because of age, sex, race, ethnicity, national
origin, creed, illness, disability, sexual orientation, or economic or social
status.
j. Failing to assess,
accurately document, evaluate, or report the status of a client when
necessary.
k. Misappropriating or
attempting to misappropriate medications, property, supplies, or equipment of
the client.
l. Fraudulently or
inappropriately using or permitting the use of prescriptions, obtaining or
attempting to obtain prescription medications under false pretenses, or
assisting others to obtain or attempt to obtain prescription medication under
false pretenses.
m. Practicing
midwifery while under the influence of alcohol, marijuana, or illicit drugs or
while impaired by the use of pharmacological agents or medications, even if
legitimately prescribed.
n. Being
involved in the unauthorized manufacture or distribution of a controlled
substance.
o. Being involved in the
unauthorized possession or use of a controlled substance.
p. Engaging in behavior that is contradictory
to professional decorum.
q. Failing
to report suspected wrongful acts or omissions committed by the licensee of the
board.
r. Failing to comply with an
order of the board.
s.
Administering drugs:
(1) In an unsafe
manner.
(2) Without accurately
documenting the drug or without assessing, evaluating, or instructing the
patient or client.
(3) To
individuals who are not clients.
t. Failing to properly safeguard or secure
medications.
u. Failing to properly
document or perform medication wastage.
(4) In accordance with Iowa Code section
147.55(3),
behavior (i.e., acts, knowledge, and practices) that constitutes unethical
conduct or practice harmful or detrimental to the public that may include but
need not be limited to the professional boundaries violations in paragraphs
16.6(4)"a" through "e." For purposes of this
subrule, "client" includes the client and the client's family that are present
with the client while the client is under the care of the licensee.
a. Sexual contact with a client, regardless
of the client's consent.
b. Making
lewd, suggestive, demeaning, or otherwise sexual comments, regardless of client
consent.
c. Participating in,
initiating, or attempting to initiate a sexual or emotional relationship with a
client, regardless of client consent.
d. Soliciting, borrowing, or misappropriating
money or property from a client, regardless of client consent.
e. Engaging in a sexual, emotional, social or
business relationship with a former client when there is a risk of exploitation
or harm to the client, regardless of client consent.
(5) In accordance with Iowa Code section
147.55(4),
habitual intoxication or addiction to the use of drugs that may include but
need not be limited to the following:
a.
Excessive use of alcohol that may impair a licensee's ability to practice the
profession with reasonable skill and safety.
b. Excessive use of drugs that may impair a
licensee's ability to practice the profession with reasonable skill and
safety.
(6) Being
convicted of an offense that directly relates to the duties and
responsibilities of the profession. A conviction includes a guilty plea,
including Alford and nolo contendere pleas, or a finding or verdict of guilt,
even if the adjudication of guilt is deferred, withheld, or not entered. An
offense directly relates to the duties and responsibilities of the profession
if the actions taken in furtherance of the offense are actions customarily
performed within the scope of practice of the profession or if the
circumstances under which the offense was committed are circumstances customary
to the profession.
(7) In
accordance with Iowa Code section
147.55(5),
fraud in representation as to skill or ability.
(8) In accordance with Iowa Code section
147.55(6), use
of untruthful or improbable statements in advertisements.
(9) In accordance with Iowa Code section
147.55(7),
willful or repeated violations of provisions of Iowa Code chapter 147, 148I, or
272C.
(10) In accordance with Iowa
Code section 147.55(10),
other acts or offenses as specified by board rules, including the following:
a. Failing to provide written notification of
a change of address to the board within 30 days of the event.
b. Failing to notify the board within 30 days
from the date of the final decision in a disciplinary action taken by the
licensing authority of another state, territory, or country.
c. Failing to notify the board of a criminal
conviction within 30 days of the action, regardless of whether the judgment of
conviction or sentence was deferred, and regardless of the jurisdiction where
it occurred.
d. Failing to submit
an additional completed fingerprint packet as required and the applicable fee,
when a previous fingerprint submission has been determined to be unacceptable,
within 30 days of a request made by board staff.
e. Failing to respond to the board during a
board audit or submit verification of compliance with continuing education
requirements or exceptions within the time period provided.
f. Failing to respond to the board during a
board audit or submit verification of compliance with training in child or
dependent adult abuse identification and reporting or exceptions within the
time period provided.
g. Failing to
respond to or comply with a board investigation or subpoena.
h. Engaging in behavior that is threatening
or harassing to the board, board staff, or agents of the board.
(11) In accordance with Iowa Code
section 147.2 or
147.10:
a. Engaging in the practice of midwifery in
Iowa prior to licensure.
b.
Engaging in the practice of midwifery in Iowa on an inactive
license.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.